TOWN OF MELBOURNE BEACH

AGENDA

TOWN COMMISSION - REGULAR MEETING

Wednesday, March 15, 2006

Community Center - 6:30 PM

The Town Commission of the Town of Melbourne Beach, Florida met in regular session on Wednesday March 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, Commissioner Donnie Price and Commissioner Steve Walters. 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

Item 7C Presentation by Frank Thomas was moved to create Item 13E under New Business. The following items were pulled from the Consent Agenda: Items 6A, 6C Special Events permits 1, 2 and 7 were all moved to the end of new business.

Vice Mayor Wilson questioned if the attorney was contacted about ownership regarding the 2 lots owned

by Ms. Dieterle. The Town Attorney responded that the interpretation was made by Ed Washburn.

APPROVAL OF MINUTES

Motion by Commissioner Walters to approve the minutes from the January 4, 2006 Special Commission

Meeting, the January 7, 2006 Special Commission Meeting, the January 18, 2006 Regular Commission

Meeting, and the January 21, 2006 Special Commission Meeting as amended. Second by Commissioner

Guglietta. The motion carried unanimously.

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CONSENT AGENDA This section is reserved for routine, non-controversial items requiring commission

action. These items are handled with a singular motion and without commission discussion. Any

commissioner may request that an item be removed from consent agenda for discussion under New

Business.

Motion by Commissioner Guglietta to approve consent agenda items B, D 3, 4, 5, 6, E and F. Second by Commissioner Price. The motion carried unanimously.

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PRESENTATIONS BY SPECIAL GUESTS

Presentation by Waste Management - Solid Waste Collection Program. Mr. George Geletko, Florida

Government Affairs Director for Waste Management explained the new fully automated system of waste

collection. He explained the advantages and indicated the pilot program will begin on May 1, 2006

in Satellite Beach, Indian Harbor Beach and Indialantic. The program will be initiated in Melbourne

Beach in July 2006.

Cape Canaveral Scientific, Inc. - FCT Application for Loggerhead Park Addition. Amy Adams from

Cape Canaveral Scientific spoke regarding the acquisition of the above-mentioned land. She indicated

the property is north of the Loggerhead Park Preserve. She stated the Town is not in compliance

with DCA regarding its Comprehensive Plan. She said it needs to be updated every 3 or 4 years.

Commissioner Walters asked Ms. Adams about how long it will take to get the grant approved to

purchase the land. Ms. Adams replied the Town would probably be notified by September if the

grant was approved. Commissioner Walters pointed out the town would be risking $10,000.00 for a

property it might never obtain and the funds are not budgeted. The Town Manager replied the

funds would have to come from contingencies. Vice Mayor Wilson commented there are Scrub Jays on the property, which might hinder building on the land. Commissioner Price felt the attempt to obtain the land would jump-start the planning for updating the Comprehensive Plan.

Jim Simmons -Avenue D - commented that dune re-nourishment increases property for residents.

Xochie Ross - Atlantic Street - commented she is familiar with increasing buildable acreage, but that

the property line starts at the dune line not at the water line.

Commissioner Guglietta inquired as to whether the lot is buildable.

Jean Marshall - 410 Sixth Avenue asked if the Commission was planning to vote.

Commissioner Walters stated the grant application must be in by May 10.

Ms. Marshall felt it would be better for the Town to research the matter further.

Commissioner Walters said he would like to know if the property will be sold to us if we get the

grant. He asked if we had any way to assure the property will be ours if we get the grant.

The Town Manager was directed to get with Ms. Adams and answer the questions posed above.

Motion by Commissioner Walters to table until the first Wednesday in April. Second by Commissioner Guglietta. The motion carried unanimously.

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NON-SCHEDULED CITIZEN COMMENTS (Subject to three-minute limit) Comments will be heard on items that do not appear on the agenda of this meeting. Note, however, that state law and administrative rules prevent the Town Commission from taking any formal action on any item discussed at this time. The Town Commission may schedule such items as regular agenda items and act upon them in the future. The Mayor is authorized to limit discussion, as necessary, with each commentary limited to three minutes.

There was discussion with Frank Thomas regarding his presentation, which was moved to the New Business portion of the agenda. Mr. Thomas wanted to speak at this time and argued he had that right. Mayor Stacey responded telling Mr. Thomas that his presentation was moved to the end of the Agenda and he could speak at that time.

Commissioner Guglietta commented that at many different meetings Citizen Comments were placed at the end of the Agenda. It was his recommendation this be changed on the Town's agenda as well. The Mayor responded that although he agreed with him, there were many senior citizens that attend the meetings and they would not want to have to wait until late to speak. It was agree that it would be discussed further at a later date.

Caroline Shea - 1500 Atlantic Street - commented she had a suggestion for raising money for the town by charging for garage sale permits.

The Commission will look into this matter further.

Mr. Holland - 1903 Atlantic Street - Former President of tennis club commented the tennis courts need to be resurfaced. He asked if this could be done in June. The Public Works Superintendent commented that the courts need a major resurfacing job.

The Commission directed the Town Manager to look into the cost of resurfacing. Commissioner Guglietta stated this needs to be put in the Parks Board budget.

Eileen Smith - 448 Sandy Key stated she believed that Code Enforcement is not being taken care of. She also asked if neighbors were notified when a variance was applied for. The Clerk responded that all neighbors within 500 feet were notified of a variance hearing.

Alice Graham inquired if the building height issue would be placed on the ballot for this November as it was taken off last November. Mayor Stacey indicated that it will be discussed tonight.

Ron Gallagher requested the Town put signs on Ocean Avenue where the new crosswalk is and at the corner by the beach. There is no way to get across the road in these areas. He asked that the signs say, "give way to pedestrians".

Mayor Stacey asked the Town Manager to research the possibility of signs.

Gail Gowdy - Ash Avenue - read a prepared statement, which she submitted, to the Town Clerk for public record.

Ms. Gowdy's time expired and Commissioner Walters made a motion to let her finish. Second by Vice Mayor Wilson. The motion carried unanimously.

Steven Swartz - 444 Sandy Key said the Pledge talked about justice for all. Ordinances are in place and people have to follow them. He commented the people next to him at 446 Sandy Key have started building without a permit. He said he measured the location where the footers are and they are not in the correct place. He said the footers are 22 feet not 25 feet set back from the canal. He stated he learned at a Board of Adjustment meeting that the building is 300 sq. feet too large, and there is not hardship. The rules must be enforced.

The Town Manager commented that there is a considerable amount of confusion regarding the building process. We have a great deal of turnover in Town Hall and individuals are not familiar with the process. A permit was issued but it did not go to Planning and Zoning. The work has been stopped.

Mr. Swartz said the town is at risk singing off on permits that have not gone through the process. The Town Manager replied the building official issued the permit. Clerical staff in Town Hall did not follow the process that was set. He continued that it was not intentional. Ms. Smith commented from the audience that it was intentional.

Mayor Stacey commented the Town is addressing two properties in town with similar situations.

There were comments from multiple people in the audience regarding the property in question. The Mayor explained that both properties are going before Planning and Zoning and both parties will have to comply with the regulations in the Town.

Commissioner Price commented that Planning and Zoning will treat it like a new application and must meet the requirements of the code. Mayor Stacey said they are aware of the problems and are working to correct them.

Mr. Swartz stated that he had called the police and they said that they would get to it if they could. The Town Manager replied that the property owner has agreed to stop construction. Mr. Swartz insisted that they have not stopped. The Town Manger replied that he spoke with the owner today and construction had stopped.

Laticia Langard - 407 Third Avenue - felt public comments should not be postponed to the end of the meeting. She also commented on the fact that at the Lagoon Symposium she learned the main contributor for the poor condition of the Lagoon is because of storm water run off. She said that Melbourne Beaches plan is outdated and the Commission needs to begin actively updating the stormwater plan.

The Town Manager responded saying the plan was developed in 2001, and he is waiting on a proposal for costs to update. He also has applied for FEMA grants to accomplish this.

Mike Harris - 206 and 207 Fur - complained about Mr. Sacks home. He said the pool is not being demolished and it needs to be fenced. He wanted to know why it was taking so long to complete.

The Town Manager replied they have contacted an attorney who is willing to take on the position for representing the Code Enforcement Board. He also stated that a six-foot tall fence will be installed around the pool.

Commissioner Walters stated one of the responsibilities of the police department is to enforce the code. He indicated that he followed up on the compliant,. He said he has brought up the issue of code enforcement several times and he is criticized he is interfering with the day-to-day activities of the town. He said almost a year ago, they were going to put a tenth officer on and that officer would be at least a part time code enforcement officer and three members of the Commission agreed.

Jim Murphy 209 and 204 - Fur Avenue - Lives next to the property being discussed. Stated the Commission gave Mr. Sack seven days to comply, and nothing has been done. He said he called the demolition company and they said FPL has to pull the meter and it will take 7-14 days. He is concerned about the pool being located so close to Gemini and the ball field, it is not safe.

Mayor Stacey asked when to expect a crew to be there. The Town Manager responded the contractor was in Town Hall and the job is scheduled to start today or tomorrow, contingent on FPL. Mr. Murphy asked if after the house is gone, are they going to hire lawn service and sprinkler system to maintain it.

Jan Futch - Oak Street - said she is upset about the article in the paper regarding Mr. Sack's property. She indicated that the family lost their home in Hurricane Andrew and moved here. She said the house was destroyed in the storms and that his son lived with them because he could not live in his own house. She is upset because many people have forgotten what the Town of Melbourne Beach is about.

Mike Smith - 448 Sandy Key wants assurances that if someone is going to apply for a variance that the neighbors are notified.

The Town Manager responded stating notification goes with the process goes for a variance. He said properties that go to Planning and Zoning and the Commission do not have neighbor notification. This property had gone before Board of Adjustments some time prior and was denied. The plans were changed to meet the zoning requirements and no longer require a variance.

Commissioner Price commented that the fact the property owner does not need a variance implies that it meets the requirements of the code and goes to Planning and Zoning.

Dean Darling - Sixth Avenue - commented about the article in the paper regarding Chief Syrkus and Patricia Burke. Stated he met with Mr. Bursick, and called all the members of the Commission but Mr. Price and Mr. Guglietta did not return his calls. He wanted to know why his complaints have not been answered and why no action has been taken.

Mayor Stacey replied that the incident he is talking about did not involve Town of Melbourne Beach and that he was innocent until proven guilty. Mr. Darling stated the Mayor was wrong and that his complaints were regarding things he has done in Melbourne Beach.

Commissioner Price commented that nothing has affected the Town and some of these things happened 19 years ago. He said it will go through the process of the State Attorney. He said the Commission is not the investigatory body to investigate the personal life of the citizens or any employee of the Town and it has no impact on this Town.

Mr. Darling responded that he has filed two complaints regarding the Chief while he has been employed by the Town of Melbourne Beach. If you read and investigate those complaints, you will be able to take action. He wants to know why it has not been done.

Commissioner Price responded that by not taking action, they have spoken. He also stated that Mr. Darling has left messages on his home phone. He asked Mr. Darling to contact Town Hall and leave messages for him there. He said that his home phone was his personal phone for his family and friends. Mr. Darling replied that he is a public servant. Commissioner Price reiterated to him not to call his home. Mr. Darling stated that he wanted to make it clear to him that he is not anyone's surrogate. Mr. Darling continued saying that Commissioner Price said he (Mr. Darling) went to Mrs. Burkes and Chief Syrkus' residence and former employers. He stated that Commissioner Price lied in front of the Town.

Jan Futch received a letter from the Department of the Interior in reference to handicap and civil violations. The Town Manager responded he received the letter and responded. Ms. Futch wanted to be sure that the Town was not violating any civil liberties.

Seth Stark - 410 5th Avenue - stated he was glad the Police Civil Service Board did their job well by not hiring Mr. Darling. He said if the Town had police officers like him, it would be worse than anything we have now. He said he feels it is ridiculous for everyone to be arguing and needs to stop. He said he is tired of being afraid to say what he feels because someone is going to investigate him or meddle in his business. He stated he is sick of it and afraid he will be retaliated against. We need to get to work and get things fixed.

Frank Thomas Atlantic Street said the Commission is doing the best they can. He stated when he was on the Code Enforcement Board there was an officer and an attorney.

The meeting was recessed for five minutes.

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BOARDS AND COMMITTEES (Reports from Town Boards are in order at this time.)

Parks Board Cindy Shuster - commented she had been elected as the Chair. Ms. Shuster gave an update on the Easter Egg Hunt and Founders Day. She said there will be free sailboat rides provided by Melbourne Yacht Club and a waiver was delivered to Town Hall. She talked about putting the original Melbourne Beach song to music. She discussed the Jr. Citizen and Citizen of the Year.

There was discussion from the Commission regarding a meeting schedule and an appointment of committees.

Ms. Shuster continued saying flyers will be distributed by the Post Office, which will include printing and save the town several hundred dollars. She talked about using one bus this year saving about $600.00.

Commissioner Walters asked how many people were transported last year. Ms. Shuster replied she was told it was about 1000 people. Commissioner Walters stated last year he followed the buses and they had very few people on board. He wanted to be sure it was cost effective. Vice Mayor Wilson commented he was at a meeting discussing plaques on the benches. Ms. Shuster commented she is discussing this with Larry from Public Works. Vice Mayor Wilson, suggested imbedding plaques in the concrete pads the benches sit on.

Ron Gallagher - wanted to know who assumes the liability for boat rides? Vice Mayor Wilson replied that they are signing waivers.

Marty Remark - History Board discussed the wood on the side of Ryckman house. She indicated there is a Purchase Order in Town Hall and Brevard Hardwood will be doing the milling like the boards that use to be there. Ms. Remark showed some photographs of what the building used to look like and what it will look like when complete. Mr. Wheat a new member on the board is interested in helping to find grants that will not cost the Town anything. She asked the Commission for permission to follow through with this. The consensus of the Commission was to go ahead as long as it did not cost the Town.

Ms. Remark continued discussing the moving of the old post office as well as saying that the Board submitted a letter stating that it wanted to have a fundraiser selling replicas of the old stock certificates to raise money to add historic site signs.

Motion by Commissioner Price to approve the letter regarding a fundraiser of replicas of stock certificates to be sold. Second by Commissioner Walters. The motion carried unanimously.

Ms. Remark continued that the Women's Club has disbanded, and the Historic Board has received all the documentation. She said March 15 was Women's Club Day. Commissioner Guglietta commented Wal-Mart provides grant funding for historic buildings. Guglietta stopped by Wal-Mart, and Home Depot and they provide grants to buildings. He indicated that Indian Harbor Beach got $5,000.00.

Board Appointments

Motion by Vice Mayor Wilson to appoint Owen Collard to the Environmental Board. Second by Commissioner Price. The motion carried unanimously.

Motion by Vice Mayor Wilson to appoint Collin Campbell as second alternate on the History Board. Second by Commissioner Price. The motion carried unanimously.

Motion by Commissioner Walters to appoint Janis Russell to the Environmental Board. Second by Commissioner Guglietta. The motion carried unanimously.

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PUBLIC HEARINGS

Second and Final Reading Ordinance 2006-02

ORDINANCE 2006-02

AN AMENDMENT TO CHAPTER 35, ANIMALS, SECTION 35-15(c), OF THE MELBOURNE BEACH CODE OF ORDINANCES, ALLOWING ANIMALS IN THE PUBLIC PARK AS A TEMPORARY EXEMPTION FROM THE PROVISIONS; REQUIRING A SPECIAL EVENTS PERMIT AS A CONDITION; PROVIDING FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.

Ordinance 2006-02 was read by title by Attorney Tsamoutales.

Motion by Commissioner Guglietta to adopt Ordinance 2006-02 on its second and final reading. Second by Commissioner Walters.

Commissioner Walters asked what the threshold for Indialantic was and he asked how we will keep track of what is spent without a purchase order. The Town Manager responded the control would be the line item budget and each person is responsible for the expenditures for that department.

The question was called and the motion carried unanimously.

First Reading Ordinance 2006-03

ORDINANCE 2006-03

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH AMENDING CHAPTER 15, TOWN BUDGET, SECTION 15-24; PROVIDING FOR THE INCREASE IN THE SPENDING CAP FROM ONE HUNDRED FIFTY DOLLARS ($150.00) TO FIVE HUNDRED DOLLARS ($500.00) WITHOUT A PURCHASE ORDDER; PROVIDING FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.

Ordinance 2006-03 was read by title by Attorney Tsamoutales.

Motion by Commissioner Price to approve Ordinance 2006-03 on it first reading. Second by Commissioner Guglietta. The motion carried unanimously.

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OLD BUSINESS

Discussion and possible action on amendments to the Land Development Code Ordinance 2004-01 as requested by Vice Mayor Wilson.

Vice Mayor Wilson passed out correspondence dated September 13, 14, and 15, 2005 regarding Ordinance 2005-03 just before it was pulled from the ballot. Vice Mayor Wilson wants to set up workshop, with the town attorney, the Breakers people, and try to come to some conclusion. If Breakers Condos are damaged, it can be repaired. If it is flattened and is not repairable the insurance would settle with all unit owners, the ground sold and the proceeds divided. At that time they could build new units and purchase them but they would have to be built to current code.

Commissioner Price stated the problem is if you built a new condominium, old ones were at 35 feet, but a new condominium can only be 28 feet.

Vice Mayor Wilson stated it does not need be discussed tonight they need workshop. Commissioner Guglietta commented if a storm like Andrew were to hit Melbourne Beach, there would be nothing standing. Commissioner Walters commented they need to meet with Breakers representatives. Vice Mayor Wilson said they need to do this sooner rather than later. Commissioner Guglietta felt the Planning and Zoning Board needs to be involved.

Ron Gallagher commented at the last Planning and Zoning meeting this issue came up. He said there is a lot of non-conforming land in Melbourne Beach and something has to be done. If they are damaged 50% or more they could not re-build the same way.

The Town Attorney commented there is a process. It must go to Planning and Zoning who must make a recommendation. He felt Planning and Zoning should be involved in the beginning. Commissioner Guglietta said the Commission presents suggestions to Planning and Zoning and then Planning and Zoning puts together a product to submit to the Commission.

Scott Hurber - commented once a structure with coastal property is damaged above 50% the DEP will not allow them to re-build it is under the 1820 and 1821 rule.

Stephen Swartz pointed out other communities have faced this problem and the Commission should see what other cities have done.

Lou Faila - Sunset Blvd - said he has a non-conforming structure and wants to be reassured he will be able to put up a duplex. Vice Mayor Wilson replied this is only about 28 feet in height. Commissioner Walters commented this ordinance has nothing to do with non-conforming structures it is only about height.

The Town Manager was directed to schedule a joint workshop with the Commission, Planning and Zoning and representative from Breakers.

Commissioner Walters was concerned there was going to be meetings until the next election. He felt it needs to be done. He asked how many more meetings did they need, and are they going to get it on the ballot?

Discussion and possible action regarding Resolution 2006-02 1-Cent Infrastructure Sales Surtax

Resolution 2006-02

A RESOLUTION OF THE TOWN OF MELBOURNE 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.

Resolution 2006-02 was read by title by Attorney Sack

Motion by Commissioner Price to approve Resolution 2006-02 as read. Second by Commissioner Guglietta.

Commissioner Walters commented he did not have a problem letting people decide if they want to tax themselves. Commissioner Guglietta commented it will go on the ballot even if we do not approve it and we will still get a small amount of money. Commissioner Price felt one million dollars can do a lot for the roads.

The question was called and the motion carried unanimously.

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NEW BUSINESS

Discussion and possible action regarding Interlocal Agreement to provide plan review and inspection

services as required by Florida Building Code to the Town of Melbourne Beach by the County of

Brevard.

The Town Manager indicated an agreement was drafted with the intent to transfer the responsibilities of building permits and inspections to the County. The County would retain the building permit fees, and there would be no direct costs to the city. He said the advantage is that the current deputy clerk takes care of building department functions and transferring it to the County would relieve her to do other things. He believed it would create a more responsive permit program. Inspections would be able to be completed during the day, currently inspections are after 5:00. He stated there would be a transition period that will take several months. Residents would still apply at Town Hall that process will not change, ordinances will not change, and plans would be transmitted to Planning and Zoning and Board of Adjustments. The County will issue the permit when ready.

Vice Mayor Wilson asked what will happen to our building official. The Town Manager replied he would no longer be needed as the County would take over. Commissioner Walters commented we would be paying over $35,000.00 per year. The Town Manager responded we would lose the revenue.

Gail Gowdy commented the Town has a code, and residents can challenge something the Building Official signs off on, what happens if there is a challenge. Sometimes you need to stop someone from building. If we do not have an official in town it has to be a county person. You are not getting rid of a lot of responsibility.

Commissioner Price responded everything the County does will be under the authority of Melbourne Beach. We will still be responsible for everything.

The Town Attorney clarified the County would not issue a building permit until all the requirements of the Town have been met.

Motion by Commissioner Guglietta to table. Second by Commissioner Price

Jean Marshall said this is going to cost money and it is not budgeted for. She wanted to know where the money was going to come from and how the Commission can address this without it being budgeted for.

Gail Gowdy raised the question of updating fees. Commissioner Walters said he has brought this up many times. He said that if we were going to get better service, then he has no objection.

The question was called and the motion carried unanimously.

Discussion and possible action regarding Employee Compensatory Time.

The Town Manager stated this was discussed that at the last meeting and he was asked to look into it. He has provided a report on the topic and there are two issues involved. He said all communities handle comp time differently. He had questions regarding payment for time accrued during declared emergencies and stated the policy would only apply to exempt employees that worked over 40 hours. He recommended payment of time accrued during the emergencies be made as FEMA reimbursed the Town. He asked the Commission to allow him the opportunity to make some recommendations as to how he would like the policy to be written and bring back a recommendation.

Motion by Commissioner Walters to pay compensation time for Chief Syrkus $4919.01 for 161.5 hours and Lt. Haran 129 hours at $3, 663.65 for time accrued during the hurricanes. Second by Commissioner Guglietta.

Commissioner Guglietta clarified this will pay the compensation time for hurricanes, Francis, Jean and Wilma.

The question was called and the motion carried unanimously.

Commissioner Walters said he did not know when the rules changed regarding police officers accruing over 100 hours. He said he did not understand how the Police Chief could have 900 hours of time. He said he disagreed with the Town Manager saying it is a $25,000.00 liability to the town. He felt if you accrue the time you need to take it off. This issue cost the town thousands of dollars. He Commission has had this conversation before. Commissioner Walters stated he has brought this up on April 24, 2003, February 26, 2003, March 2, 2003, April 16, 2003, May 6, 2003, June 3, 2003, July 1, 2003, June 25, 2003, July 29, 2003, September 2003 and October 20, 2003. There is a problem with compensation time, and he has brought it up all these times. There is a policy and everyone agreed that management does not get compensation time. This has been a problem with past managers each with comp time, which they were not entitled to. How has the policy changed? The issue is how, when the policy says Police

Officers cannot accumulate more than 100 hours, it was changed?

Commissioner Price recommended re-writing the policy and come up with something they can approve. Commissioner Walters stated everybody agreed, he has asked for time cards, and has not gotten them. He wanted to know who was approving comp time. It is a liability to the town. If the Chief takes 600 hours off we will not have a Chief. He continued saying he has addressed this so many times and something needs to be done. Commissioner Price commented in order for the top people in the Police Department to get this much comp time, it reveals a problem, perhaps the staff is too small. Comp time could pay for another person. Vice Mayor Wilson suggested it might be because they do not trust the people they have under them and feel that they need to be there. Commissioner Walters asked if they need the Chief at all the meetings.

The Town Manager was directed to provide a recommendation on a new comp time policy.

Discussion and possible action regarding options for a Code Enforcement Officer.

The Town Manger recommended the use of an auxiliary police officer for code enforcement activities. The Manager felt that 20 hours per week would be sufficient. The salary would be $10.00 per hour, and would fall under the supervision of the Chief.

Motion by Commissioner Price to approve recommendation of using an auxiliary Police Officer as the Code Enforcement Officer for approximately 20 hours per week for $10.00 per hour. Second by Vice Mayor Wilson.

Commissioner Walter wanted to know where the funds were going to come from to pay for this eleventh officer. We are currently paying $25,000.00 for an officer on workers compensation. This individual has reached maximum medical improvement. Commissioner Walters believes she is ready to come back to work. She is a certified police officer and was a good employee. We have to pay that person through workers compensation. We appointed a tenth officer, and I suggested we use this person as a part-time code enforcement officer. The auxiliary officer will probably move on. The police department has always done code enforcement. The previous manager wanted to; put meters in, get a meter enforcement officer, and get a building official all rolled into one. We had an applicant, and that did not work out. We were going to advertise the position and asked him to come back with a plan. I still feel we need a facilities manager to be in charge. The police officer is a good idea, we should bring back the officer on workers compensation. Commissioner Walters recommendation was that before we hire a 12th officer to bring her back and then we would have a person to do part time code enforcement.

The Town Manager stated we need to find out the status of the workers compensation case. Commissioner Walters replied she has reached maximum improvement and she is either ready to apply for a pension or come back to work. The Town Manager responded she had been terminated, she would need to apply for the position if she were interested. There will be no expense for her in the near future. Commissioner Walters replied if you are disabled and you can't be a police officer you get 50% of your salary, as she cannot do her job as a police officer, but she could do code enforcement or as a secretary.

Commissioner Price felt there should be input from the police department regarding bring back the employee on workers compensation.

Commissioner Guglietta said he would not want her back at work. Commissioner Walters said instead of an auxiliary officer who is probably looking for another job, she is available.

Chief Syrkus commented that Kathy reached maximum medical improvement. Her workers comp payment has stopped. For us to bring her back, first, it would have to be something she wants, she is a terminated employee, and she must apply for a position, and work for the salary offered. Commissioner Walters said the pension board will make that decision and if she cannot come back to work in Melbourne Beach she will get 50% in her pension. The Chief stated he (Commissioner Walters) is getting confused between auxiliary and reserve officer. The reserve officer is a regular officer and has arrest power but is not paid. The auxiliary officer goes through classes but has to be under direct supervision of an officer and cannot make an arrest without direct supervision. They are civilian employees under the direction of a supervisor. There is case law regarding sworn officers in code enforcement, as there is a conflict of interest. Commissioner Walters replied that is not a reason not to hire someone. He said it never happened in the 25 years he was here. He said he understood the case law and he has read the case law but he dies not think it is a reason not to use a police officer to enforce the code. He said he cannot understand why a police officer cannot do code enforcement. The Chief gave several scenarios as to why an officer should not do code enforcement. Commissioner Walters replied our code requires you to enforce the law and most of our code violations are misdemeanors. I do not think we have the money for an additional person.

The Town Manager responded that the money is from lapsed salary from vacant positions and the funds are within the existing budget. This is a good starting point and the system can be adjusted at a later date.

Unknown resident - this is a real situation, there is a fence build without permit on Sandy Key. It does not meet the code. There is a boat parked next to it. This is going on right now. The reason you cannot build a fence to the corner is that it is dangerous. I would like to believe that I can call someone to say this is not right. Who would I call? Commissioner Walters responded that right now you would call the police, they would write it up as a code violation and it would go before the code enforcement board.

Gail Gowdy asked that if there is a noisy party who does she call. She felt she should call the police. The Commissioner responded it was the correct thing to do. Commissioner Walters replied the Police Department was solely responsible for code enforcement in the past.

The Town Manager indicated there needs to be changes made to the ordinance regarding the code enforcement attorney and policies need to be established. A meeting with the board members to go over their duties and the rules and regulations of their position needs to be scheduled.

The question was called and the motion carried with Commissioner Walters voting no.

Discussion and possible action regarding options for a Code Enforcement Attorney.

The Town Manager reported he had received three proposals for a code enforcement attorney. All three were capable, and his recommendation is to hire Christopher Bove to act as Code Enforcement attorney for the Town of Melbourne Beach. The salary would be $150.00 per hour with no travel expenses. He said the advantage to Mr. Bove is that his partner also represents Cocoa as Code Enforcement attorney and is also available if needed.

Motion by Commissioner Price to approve the recommendation of the Town Manager to appoint Christopher Bove as the Code Enforcement Board attorney. Second by Vice Mayor Wilson. The motion carried unanimously.

Discussion and possible action regarding Town of Melbourne Beach Noise Ordinance as requested by Commission Guglietta.

Commissioner Guglietta stated the reason he put this on the agenda is that he received a number of phone calls from Mrs. Solomon regarding noise. There is work being performed on a property on Saturday. He wanted to know if the Town was going to enforce the laws. He asked the Commission to look at Chapter 48 page 83 sections 10, which discusses noise.

Discussion continued regarding the subject property and the compliant by Mrs. Solomon. The Mayor said he also receives calls regarding the same property.

Commissioner Price said this has been on the books for years and has not been enforced.

The Town Attorney responded that noise ordinances are difficult to enforce. An Officer has to observe the violation and it is not likely it will be prosecuted. If the noise stops by the time the Officer gets there it is not a violation. There is a provision saying that we can pay the State Attorney to prosecute cases like this but it will cost the Town money. The officer would have to determine what noise is. If the Code Enforcement officer observes it, the violator is given the opportunity to correct it, but if it happens, again it would go directly to the board. He continued to discuss the process of code enforcement. He indicated that there is usually a 99% cure rate when Code Enforcement is utilized.

The meeting recessed for 5 minutes.

Storm Drain Replacement - Recommendation: Authorization to waive the formal bid process and to issue purchase orders to Atlantic Development of Cocoa, Inc. in the amount of $22,491 for storm water draining repairs on Andrews Avenue and $35,700 for like repairs on Harland Avenue.

The Town Manager reported this was damage that occurred because of hurricane Wilma, FEMA will reimburse us for about 90%. He requested the bid process be waived and issue a purchase order to Atlantic Development.

The Public Works Superintendent stated the pipes are sagging which opens cracks in the seams and it creates a vacuum and sucks the sand out of peoples yards into the drains and may cause sink holes.

Motion by Commissioner Price to waive the formal bid process and issue purchase order for $58,000.00 as recommended above. Second by Commissioner Guglietta.

These expenses will be reimbursed by FEMA at approximately 90%.

Motion carried unanimously.

Fiscal Year 2006 Budget Amendment - Recommendation:

1. Approval of the budget transfer to reallocate the appropriations for insurance expenses, maintaining the total budget of $110,056 for all insurance expenses.

2. Approval of the transfer of $3,700 from the Contingency account for expenses related to a Code Enforcement Board Attorney.

3. Approval of the transfer of $4,670 from street repairs to Building Maintenance to cover the cost of Community Center air conditioning units.

4. Addition of an employee in the Public Works Department, maintaining existing contracted mowing service, and transfer of $7,140 from Salaries, $3,133 from Health Insurance, and $10,000 from the Street Repair account to Grounds Maintenance.

The Town Manager stated the Town is becoming more specific regarding budget items and we need to charge the budget items to where the expense occurs.

The Town Manager requested a transfer of $3700 to begin the code enforcement program as this was not a budgeted expense.

The way the budget was developed for this year for street repair budget contained repairs for dune crossovers. Those crossovers were paid by FEMA so that left available approximately 25,000 and was strictly allocated for street repairs and dune crossovers. He said that the air conditioners were already replaced.

The Town Manager said if you do not want to add an employee and continue mowing services it needs to be contracted. We currently do not have a contract for mowing. The second option is to transfer enough dollars to the ground maintenance account to pay for the contracted mowing services and leave all dollars intact for salaries, which would be for three employees. Some time ago, the position was advertised and they did not have any qualified applicants, which was why they contracted mowing services.

Commissioner Walters had asked previous Town Manager to look at the position of a facilities manager. He said the Town Manager is asking for is an additional employee and to keep the mowing service.

The Town Manager responded that he is asking to leave the funds budgeted under salaries for three employees, transfer the necessary funds to continue with the contracted mowing, which will essentially give us four employees. They will be taking on the maintenance of the Ocean Avenue Beautification Project, which will be labor intensive, and then Oak Street will fall under the Towns responsibility.

Commissioner Walters stated he and other Commissioners have previously asked for a maintenance log as to what Public Works does. The report we receive does not detail what is done on a daily basis. Therefore, when you come to me asking for another employee I have to question the reason. As the manager do you know what are they doing? Why do we need four people? How is it that you feel they have more work then they can keep up with?

The Town Manager replied that the recommendation is based on conversations with Larry. Commissioner Walter requested a duty log. He indicated that he will vote no because he has never received what the Commission has asked for regarding a maintenance log.

Commissioner Guglietta stated that he has asked for a maintenance checklist, listing what they do daily, weekly, monthly, annually. There is no procedure in place. Commissioner Walters asked what are the residents going to get. Vice Mayor Wilson commented the previous manager envisioned savings on machinery, and time, by farming out the mowing. He asked if the Town has seen any of those savings. The Town Manager replied the reduction of one mower, as well as fuel savings, and salary costs have been realized. Vice Mayor Wilson asked if there was an option to get rid of the contract mower, hire the other employee, and start mowing ourselves. On the other hand, should we stay the way we are and keep the contract mower. The Town Manager replied the contract mower is less expensive for the Town

overall. Vice Mayor Wilson felt with the contract mower, they have their third man.

Larry, the Public Works Superintendent commented that he does about 20% of the mowing. He also said he had no problem filling out a more detailed report. He told the Commissioner he has never been asked for a more detailed report. He said with the volume of work they have to do and the amount of time he spends administratively there is not enough staff to keep up.

Commissioner Price said that there is a recommendation on the table.

Jean Marshall asked where the money was going to come from, is it being taken from contingencies. The Town Manager replied that nothing is being taken from contingencies, it is being moved from line item to line item. Commissioner Walters said that funds are being moved from street repairs.

Mayor Stacey asked that the parks be checked regularly.

Marty Remark said that she feels Public Works needs an extra man. No one brought up that with all new beautification, landscaping, and buildings there is maintenance. The Town look great, I do not know how two people do it as well as they do.

Motion by Commissioner Price to approve the Town Managers recommendation in total. Second by Commissioner Guglietta.

Commissioner Guglietta asked the Town Manager for a detailed work log.

The motion carried with Vice Mayor Wilson and Commissioner Walters voting no.

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