TOWN OF MELBOURNE BEACH

MINUTES

TOWN COMMISSION - SPECIAL MEETING

Wednesday, May 3, 2006

Masny Room - 4:30 PM

The special meeting was called to order at 4:30 PM.

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Mayor William Stacey, Vice-Mayor Sandy Wilson, Commissioner Paul Guglietta, Commissioner Donnie Price and Commissioner Steve Walters and deputy Town Clerk Sara Keeney were present.

Mayor Stacey led the Pledge of Allegiance to the Flag.

Mr. Robert Norris was interviewed for the position of Town Manager. a tape of the interveiw is available in town hall.

The interview portion of the meeting was adjourned at 5:25 PM.

At this TIME, the Mayor called the workshop to order at 5:30 PM.

Jim Bursick introduced Ken Small.

Mr. Small commented that public safety consumes all the property tax revenue and is still short 25% of what is needed. In Melbourne Beach. Mr. Samll continued stating that the entire millage rate is comsumed by police. The fire department is low compared to other cities. Statewide fire departments account for one half of what the police department is.

Vice Mayor Wislon asked if thre was a way to compare cities on the internet.

Mr. Small replied that currently the legislative committee on government relations is in the process of doing research on data back to 1977. He continued saying that Melbourne Beach millage is DROPPING STEADILY. LAST YEAR’S PROPERTY TAX – THE AVERAGE IS 4.86 – SO YOUR RATE IS WELL BELOW HALF. $234 PER CAPITA. NEIGHBORING BEACH CITIES: COCOA $495, INDIALANTIC $412, SATELLite $384, CAPE CANAVERAL $269. he indicated he will send US INFO ON THIS.

SOME CITIES WANT TO GET RID OF PROPERTY TAX. OTHER CITIES ARE MUCH HIGHER THAN YOURS ARE. The AVERAGE IN THE STATE IS $72,000, the MEDIAN IS $46,000+.

There is a HIGH HOMESTEAD POPULATION THAT HELPS KEEP DOWN TAXABLE VALUES. WE HAVE LOTS OF LONG-TIME RESIDENTS WHO LIVE HERE YEAR ROUND.

Vice Mayor Wilson commented that Melbourne Beach has a STABLE BEDROOM COMMUNTY.

Mr. Small stated that currently there is a 6.65% TAX ON METERED AND BOTTLED FUEL. IF you WENT TO 10%, IT WOULD BRING IN ABOUT $60,000.00. there is a 6.65% TAX ON LIQUIFIED PETROLEUM GAS (PROPANE). You NEED TO KNOW WHO IS NOT REMITTING AND GET THEM ON BOARD.

FRANCHISE FEES: FPL IS COMING DUE IN ABOUT A YEAR. WE HAVE A RATE OF 6% THAT IS LEVIED ON RESID/COMM/INDUS. JIM WILL WORK WITH THE PROPERTY APPRAISER TO FIND COST DIFFERENCEs. THERE IS NO MAXIMUM, BUT FPL WILL NOT GIVE US MORE THAN ANOTHER CITY. IT IS PRETTY WELL STANDARDIZED. The NEW OFFER IS 5.9%.

MAYOR Stacey asked IF WE WERE LOOKING FOR MORE MONEY, WHERE SHOULD WE LOOK.

Mr. Small replied UTILITY TAX. ONCE ADOPTED IT WILL GO OUT OF FOCUS AND EVERYONE WILL LOOK AT PROPERTY TAXES. ONCE YOU SET THE AMOUNT, IT (UTILITY TAX) STAYS THE SAME.

MORE CITIES NOW ADD WATER AT 10%. YOUR COMMUNICATION TAX IS AS HIGH AS IT CAN BE.

SOLID WASTE is NEGOTIABLE WITH NO CAP. I HAVE SEEN 15%. SOLID WASTE Does not USUALLY GET INTO THE FRANCHISE FEE BATTLE. The FINAL AREA IS BROAD: COST RECOVERY. USER AND SERVICE FEES: BUILDING INSPECTIONS, CODE INSPECTION REVIEWS, SITE PLAN REVIEWS. WE DISCUSSED IDENTIFYING DEPT BY DEPT, WHAT SERVICES ARE PROVIDED AT WHAT LEVEL AND WHY? You NEED TO ID SERVICES AND DETERMINE WHETHER THEY SHOULD BE CHARGED FOR. THEN, WHAT IS the COST RECOVERY (WHAT DOES IT REALLY COST, PLUS OVERHEAD). WHEN WE LOOK AT THIS, ANYTIME WE GO WITH A RATE LESS THAN FULL COST, WE ARE SUBSIDIZING IT FROM PROPERTY TAXES.

Commissioner Walters stated that he SUGGESTED YEARS AGO THAT WE SEE A COPY OF ALL BUILDING CONTRACTS. ANY PROBLEM? MR. Small replied YOU CAN BASE IT ON SQUARE FOOTAGE, WHETHER GOLD IS USED ON FIXTURES, HOW MANY FIXTURES, ETC. Commissione rWaltes asked if WE SHOULD INCREASE OUR FEES BASED ON THE CONTRACT.

Mr. Small replied NEW STATE LAW BUILDERS PUSHED LAST YEAR MEANS WE SHOULD DETERMINE WHETHER PERMIT SCHEDULE COVERS ALL COSTS OF DOING PERMITTING. Commissioner Walters commented WE HAVE NOT RAISED OUR RATES HERE IN 20 YEARS.

Mr. Samll stated that WE ALSO TALKED ABOUT OCCUPATIONAL LICENSE TAX. IT IS REALLY A NEW BUSINESS CODE INSPECTION FEE. THIS IS FOR FIRE DEPT AND BUILDING INSPECTIONS ON NEW BUSINESSES. WE DO NOT REALLY CHARGE FOR THIS. WE ARE DOING CODE REVIEWS THAT ARE COSTING A DECENT SUM OF MONEY.

Commissioner WaLters commented on ITINERANT MERCHANTs – OUR POLICY IS NOT SUCCINCT. MY UNDERSTANDING IS THAT THIS IS TEMPORARY BUT THEY KEEP COMING BACK EVERY 3 MONTHS. IS THAT HOW IT IS SUPPOSED TO BE? Mr. Small replied IT’S HANDLED LOTS OF WAYS. SOME PLACES THEY GET A PICTURE ID THAT THEY HAVE TO WEAR TO SHOW THAT THEY HAVE HAD A BACKGROUND CHECK. Commissioen rWalters asked aRE THEY ALLOWED TO SET UP IN SOMEONE’S PARKING LOT. Mr. Small repl,ied the OWNER OF THE PROPERTY SHOULD GET AN OCCUPATIONAL LICENSE FOR THAT MERCHANT AS WELL.

Commissioner Price stated that FEES ARE FALLING THROUGH THE CRACKS BECAUSE WE DO NOT HAVE A COMPREHENSIVE PLAN. Vice Mayor Wilson asked WHAT WE SHOULD START WITH.

Mr. Small suggested UTILITY TAX ON ELECTRICITY AND WATER. $100k VALUE TO US. WATER FROM 0 TO 10 WOULD BRING US $40K. TIMING IS GOING TO BE AN ISSUE. YOU HAVE TO CHANGE YOUR RATES AT THE BEGINNING OF THE CALENDAR QUARTER AND YOU HAVE TO GIVE THE ELECtric CO, MELBOURNE, PROPANE DEALERS 120 DAYS NOTICE. ALSO HAVE TO LET RESIDENTS KNOW.

REMIND THEM THAT THE BIGGEST PIECE OF FUEL COST ON THE BILL IS EXEMPT.

Commissioner WaLtErs asked COULD WE JUST CUT OUR POLICE DEPARTMENT. Commissioner Guglietta rplied WE DO NOT HAVE TO FUND THE POLICE DEPARTMENT, DO WE?

Motion to adjourn the workshop by Commissioner Walters. Second by Vice Mayor Wilson. The motion passed unanimously and the workshop adjourned at 6:20 PM.

At this TIME, the Mayor called the second half of the special meeting to order at 6:30.

In addition to the member present at the first part of the meeting and the workshop. Attorney Gary Sack was present for this portionof the meeing.

The nEXT item on the AGENDA was regarding WHO CAN SPEAK AT SPECIAL MEETINGS. The Mayor stated that he was GOING TO OPEN UP THE MEETING TONIGHT TO ANYONE TO SPEAK.

Commissiner Walters addressed the town manager: WHAT HAPPENED TO THE BENEFIT POLICY? LET ME REGRESS A LITTLE BIT. WHEN THE POLICE OFFICERS VOTED OUT THE UNION – TO MY KNOWLEDGE, THE POLICY ABOUT COMP TIME HAS NEVER BEEN CHANGED. (EXCUSE JIM FOR TWO MINUTES AND HOLD UP THE MEETING SO JIM CAN PROVIDE COPIES OF THE BENEFIT PACKAGE APPROVED BY THE COMMISSION AFTER THE UNION WAS VOTED OUT TO PRESERVE A GOOD BENEFITS PACKAGE TO THE OFFICERS.

Mr. Sack suggested everyone LOOK AT FL TODAY WEBSITE – ACCESS AN ARTICLE AND VIDEO INTERVIEW WITH HIM AS A YOUTH OFFICIAL

Commissioner Walters READ THE POLICY TO THE AUDIENCE AND EXPLAINED IT. HE MENTIONED THE COMP TIME ACCRUED BY THE CHIEF AND LT AND TWO TOWN MANAGERS (BILL AND ANOTHER) WHO DISAGREED WITH THE POLICY.

MR. CRISPEN AGREED THAT YOU HAVE TO USE COMP TIME IN 30 DAYS.

HOW DID ONE NON-EXEMPT EMPLOY GET 700+ HOURS AND ANOTHER 500 AND SOME HOURS? FEMA REIMBURSED SOME OF THESE HOURS AND FEMA REIMBURSED THEM.

Commissioner Price READ EXHIBIT B TO THE AUDIENCE.

Commissioner Walters asked if the NUMBER OF HOURS was THE ISSUE.

The Town Manager responded THAT it MAY BE THE ISSUE.

Commissioner Walters commented that IN HIS EXPERIENCE AS A POLICE OFFICER, 96 HOURS WAS THE LIMIT. NOW WE HAVE PEOPLE WITH 700 HOURS.

Commissioenr Guglietta SAID WE SHOULD HAVE A SET AMOUNT OF OVERTIME. THE 96 HOURS IS FOR NON-EXEMPT EMPLOYEES. THERE SHOULD NOT BE ANY COMP TIME.

Commissioner Price said WE NEED TO GO BACK TO THE MINUTES OF NOV. 8, 1995, (OTHER DATES IN THE POLICY) AND SEE WHAT THEY SAY. Commissioner Walters said SOMEONE WHO WORKED IN THE DEPARTMENT FOR 15 YEARS NEVER WENT OVER 100 HOURS. I DO NOT THINK WE SHOULD TRY TO TAKE AWAY WHAT THE MANAGER AND THE CHIEF APPROVED, BUT I THINK WE SHOULD SET A LIMIT.

MAYOR Stacye said they SHOULD HAVE A WORKSHOP ON THIS..

Commissioner Guglietta said WE NEED TO SET A LIMIT ON COMP TIME. SOME PEOPLE HAVE A CONSIDERABLE AMOUNT OF COMP TIME (I AM NOT SAYING THEY ARE ABUSING IT) BUT IF YOU GET TO 100 HOURS AND DO NOT USE IT, YOU LOSE THE EXCESS AMOUNT.

Commissioner Price said he would LIKE TO REVIEW THE MINUTES BEFORE WE MAKE ANY DECISION.

Commissioner Walters said IT IRKS ME THAT A COMMAND OFFICER KNEW THE POLICY AND LET IT HAPPEN ANYWAY. I HAVE NO OBJECTION TO JIM’S RECOMMENDATION THAT THE BALANCE CAN BE NO MORE THAN 96. HOW DOES IT WORK THAT WE WOULD PAY PEOPLE FOR ANYTHING OVER 96 HOURS (FOR NON-EXEMPT EMPLOYEES ONLY). He DISCUSSED 74.25 HOURS LT. HAD WHEN PROMOTED. DOES NOT THINK HE SHOULD BE PAID FOR THOSE HOURS. THIS IS THE ONLY THING I DO NOT AGREE WITH YOU ON. JIM AND STEVE AGREED THAT LT WOULD EITHER BE PAID FOR THE 74.25 HOURS WHEN HE LEAVES OR TAKE THOSE HOURS AS LEAVE.

Commissioner Guglietta commented I NEVER GOT COMP TIME FOR WORKING. I GOT A DAMNED GOOD SALARY, WHICH IS PROBABLY WHY WE GIVE COMP TIME, BECAUSE GOVERNMENT SALARIES ARE LOWER, BUT I NEVER GAVE OR GOT COMP TIME.

The MAYOR DISCUSSED GETTING RID OF TWO SERGEANTS AND GETTING A LIEUTENANT. Commissioner Walters EXPLAINED IN MORE DETAIL.

MOTION TO APPROVE JIM’S RECOMMENDATION ITEM 1 BY DONNIE RESCINDING EXHIBIT B; AND ITEM 2, AND ITEM 3.

NO ONE SECONDED.

Commissioner Guglietta made A MOTION TO APPROVE 1 AND 2 BUT NOT 3.

NO ONE SECONDED.

Vice Mayor Wilson said he was CONFUSED ABOUT WHAT IS GOING ON AT THAT END OF THE TABLE. WHY ARE WE DOING ANYTHING ABOUT THIS. I THOUGHT WE WANTED TO SEE THE PREVIOUS MINUTES.

MAYOR Stacey said they NEED TO HAVE A WORKSHOP.

Commissioner Price asked if the Manager revieewdd the tHOSE MINUTES. The Manager responded no.

MOTION by Commissioenr Price TO TABLE UNTIL THEY READ THE MINUTES. Commissioner Guglietta PAUL SECONDED. The motion PASSED.

MAYOR Stacey reported on the CITIZEN AND JR. CITIZEN OF THE YEAR. He explained WE CHOSE CO-CITIZENS WHO ARE EAGLE SCOUTS.

Commissioner Guglietta commented there were THREE HIGHLY QUALIFIED YOUNG LADIES FOR JR. CITIZEN. MADE MOTION THAT THE EAGLE SCOUTS AND ANNA STROCK BE CHOSEN AND NAMED.

SECONDED BY Vice Mayor Wilson. The motion passed.

FRANK THOMAS STOOD UP AND SPOKE ABOUT BEING RAKED OVER THE COALS AT THE LAST MEETING IN HIS ABSENCE. THE MAYOR OFFERED TO PUT FRANK’S ISSUE ON THE AGENDA FOR THE NEXT MEETING. Mr. Thomas WANTS IT TO HAPPEN BEFORE FOUNDER’S DAY.

Mr. Thomas CONTINUEd TO TALK, ADDRESSing the 2^ND POINT IN STEVE WALTER’S LETTER/MEMO.

Vice Mayor Wilson and COMMISSIONER, Walters WALKED OUT. Both came back in and RETRIEVED THEIR BELONGINGS, AND LEFT THE MEETING FOR GOOD.

The CHIEF TOLD THE MAYOR THAT he HAS TO TELL HIM IF HE WANTS ACTION TAKEN. THE MAYOR SAID HE WOULD LET THE CHIEF KNOW BUT THAT HE DID NOT WANT ACTION TAKEN AT THIS TIME.

A resident SPOKE ABOUT SPECIAL VS. REGULAR MEETINGS AND THE MAYOR RESPONDED.

The MAYOR AND Commissioner Price felt that they NEED TO DISCUSS THIS AT OUR REGULAR MEETING. YOU CANNOT RULE OUT SPECIAL MEETINGS AND THEY SHOULD REMAIN SPECIAL.

Anolther residsent SPOKE AND SAID THAT FRANK IS A SELF-APPOINTED ADVISOR TO BOARDS. YOU ARE NOT TECHNICALLY ON THE BOARD. THAT WAS NOT A LIE. LET US CLEAR THIS UP. THE PROCESS IS THAT IF YOU ARE NOT ON THE BOARD YOU DO NOT GET ANYTHING.

At this TIME, the meetig continued with the interview of Jim Bursick.

He was asked questions regarding his qualifications, and education. He was given scenarios and asked how he would respond to the situation presented.

Members of the Commision and the mayor expressed that they were please with the performance of mr. bursick in his position of interim town manager.

Motin by Commissioner Price THAT WE STOP THE NOMINATIONS AND SELECT THE CANDIDATE AT THE NEXT MEETING in May. Second by Commissioner Guglietta. The motion passed.

The meetinG was adjourned at 8:43 PM.

William G. Stacey

Mayor

ATTEST:

KARAN J. ROUNSAVALL, CMC

INTERIM Town Clerk