MAYOR Hal J. Rose DEPUTY MAYOR Stephany Eley COUNCIL MEMBERS Pat Bentley Michael J.

Hazlett Bill Mettrick John Coach Tice Andrea Young CITY HALL 2240 Minton Road West Melbourne, FL 32904 Phone: (321) 837-7774 Fax: (321) 768-2390 www.westmelbourne.org

REGULAR CITY COUNCIL MEETING AGENDA February 7, 2012, at 6:30 p.m. City Council Chambers 1. 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT MEDITATION ROLL CALL AWARDS/PRESENTATIONS A. Commendation for Hero Mayor Hal Rose will present a Commendation for Heroism to Brian Gent for his actions on November 7, 2011 in extinguishing a house fire in West Melbourne. B. Proclamation for Field of Dreams Mayor Hal J. Rose will present a proclamation naming February 25, 2012 as Field of Dreams Day in the City of West Melbourne. C. Proclamation for West Melbourne Elementary School for Science Mayor Hal J. Rose will present a proclamation to West Melbourne Elementary School for Science for achieving the No. 1 ranking of all elementary schools in the state of Florida. 5. PUBLIC HEARINGS A. Revision to the Citys Sign Code to Allow Digital Billboards Along I-95 Recommendation: Conduct a public hearing and adopt (second reading) Ordinance No. 2012-06 for revisions to the Citys Sign Code (Chapter 74) to allow digital billboards along I-95.

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B.

Annexation of Eight Properties Recommendation: Conduct a public hearing and adopt (second reading) the following ordinances by separate motions: 1. Ordinance No. 2012-03 for properties on Olive Grove Avenue, Garwood Drive, and Cocoanut Grove Avenue. 2. Ordinance No. 2012-04 for Calvary Chapel and Flanagan Avenue properties. 3. Ordinance No. 2012-05 for property in the I-95 right-of-way.

C.

Collection of Development Impact Fees Prior to Certificate of Occupancy Recommendation: Conduct a public hearing and adopt (second reading) Ordinance No. 2012-01, adopting amendments relating to timing of collection of development impact fees.

D.

Code Enforcement Board Ordered Property Clean-up Recommendation: Conduct a public hearing and adopt (second reading) Ordinance No. 2012-02 to establish a program for the City to use local lawn maintenance companies to clean up non-compliant properties as determined by the Code Enforcement Board.

E.

Retirement Board Proposed Cost Saving Amendments to Police Officers Retirement Plan Recommendation: Conduct a public hearing and adopt (second reading) Ordinance No. 2012-07 amending portions of Article IV of Chapter 34 of the City of West Melbourne Code entitled Police Officers Retirement to conform the City Code to recently enacted State of Florida law and to enact Retirement Board-recommended cost saving changes.

6.

PUBLIC FORUM Persons wishing to speak must fill out a Request to Speak form and hand it to the City Clerk. Comments will be limited to three (3) minutes per person. Public Forum will be limited to thirty (30) minutes.

7.

CONSENT AGENDA A. Approve the Regular City Council meeting minutes for Tuesday, January 17, 2012.

8.

ACTION AGENDA A. Resolution Announcing Intent for a Request of an Economic Development Ad Valorem Tax Exemption by the Company, United Service Source, Inc. (USSI) Recommendation: Adopt Resolution No. 2012-05, which announces USSIs intent to request ad valorem tax exemption from the City of West Melbourne over a ten-year period and directs staff to conduct the eligibility evaluation.

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B.

Proposed Fence Installation Recommendation: Approve the installation of a six-foot fence for approximately 1,050 feet on the south side of the new Henry Avenue extension west of Dairy Road.

C.

Annual Performance Evaluation of Police Chief Brian Lock Recommendation: Review the results of the Police Chiefs Annual Performance Evaluation, and, by motion, accept the summary results.

9.

MANAGEMENT REPORTS A. First Quarter 2011-2012 Budget Status Report Recommendation: Finance Director Margi Starkey will present the first quarter budget report showing the status of the Citys revenues and expenditures year-to-date.

10.

CITY COUNCIL REPORTS * Deputy Mayor Eley Council Member Hazlett Council Member Tice Council Member Young Council Member Mettrick Council Member Bentley Mayor Rose
Note: Adopted City Council Meeting Rules and Order, Section 6.6 (C) reads: Limitation to Act on Only Items on the Agenda. No action shall be taken by the Council Members on any item not on the posted agenda, subject only to the exceptions listed below: 1. 2. Upon a majority determination that an emergency situation (as defined by State Law) exists; or Upon a determination by a majority vote of the City Council that there is a need to take immediate action and that the need to take the action came to the attention of the City officials subsequent to posting of the agenda.

11.

ADJOURNMENT - TIME CERTAIN ADJOURNMENT NOT LATER THAN 10:30 P.M.

All persons wishing to be heard should appear in person at these hearings or send written comments to the City Clerk. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with American with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the Citys ADA coordinator at 837-7774 at least 48 hours in advance of this meeting.

* THERE ARE NO ATTACHMENTS OR BACKGROUND INFORMATION ON THESE ITEMS.

MAYOR Hal J. Rose DEPUTY MAYOR Stephany Eley COUNCIL MEMBERS Pat Bentley Michael J. Hazlett Bill Mettrick John Coach Tice Andrea Young CITY HALL 2240 Minton Road West Melbourne, FL 32904 Phone: (321) 837-7774 Fax: (321) 768-2390 www.westmelbourne.org

REGULAR CITY COUNCIL MINUTES January 17, 2012

1.

CALL TO ORDER

Mayor Rose called the meeting to order at 6:32 p.m. 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENT MEDITATION

Mayor Rose led the Pledge of Allegiance followed by a moment of silence. 3. ROLL CALL

Present: Mayor Hal J. Rose, Deputy Mayor Stephany Eley, and Council Members Bill Mettrick, Pat Bentley, Michael Hazlett, Andrea Young and John Coach Tice. Also present: City Manager Scott Morgan, City Attorney James Wilson, Deputy City Manager Keith Mills, Building Official Tom Forbes, Finance Director Margi Starkey, IT Director Karen Martin, City Clerk Cynthia Hanscom, and other members of the public. 4. AWARDS/PRESENTATIONS

Beautification Awards. Council Member Andrea Young presented Beautification Awards to Harold Fulton with Cassels Garage at 55 S.W. Irwin Avenue and Randall Blue, Administrator for the Indian River Center at 7201 Greenboro Drive. 2011 Year in Review. Mayor Hal Rose presented a series of slides showing the accomplishments for the City in 2011. Mayor Rose announced that agenda item 8F - Proposed Charter Amendment Development had been removed from the agenda.

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5.

PUBLIC HEARINGS

Annexation of Eight Properties. Planning Director Christy Fischer introduced three ordinances for first reading to annex eight properties into the City. Three of the properties were part of pre-annexation agreements with the property owners to provide utilities services. Those properties were located at 1310 and 1330 Garwood Drive and 642 Cocoanut Grove Drive. Four of the properties were voluntary annexations located at 7865 Olive Grove Avenue, 3130 and 3150 Flanagan Avenue, and a vacant parcel owned by Calvary Chapel south of their parking lot. The eighth property was a staff-initiated annexation for I-95 right-of-way. She explained the reason for the I-95 annexation was to assist in an application for a grant with the Florida Department of Transportation to provide landscaping improvements to the U.S. 192 interchange. Traffic enforcement for the interstate remains with the Florida Highway Patrol. Planning Director Fischer presented a map and analysis showing the location of the properties and photos showing existing conditions. She reviewed the annexation procedure. She reminded Council that all annexation fees are waived until June 5, 2012. City Attorney Wilson read the titles of Ordinance No. 2012-03, Ordinance No. 2012-04, and Ordinance No. 2012-05:
ORDINANCE NO. 2012-03 AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, ANNEXING LOTS IN THE SYLVAN PINES 1ST ADDITION SUBDIVISION AND THE MELBOURNE GARDENS UNIT NO. 2 SUBDIVISION; LOCATED ON GARWOOD DRIVE, COCOANUT GROVE AND OLIVE GROVE AVENUES AS MORE FULLY DESCRIBED HEREIN; PROVIDING AND EFFECTIVE DATE. ORDINANCE NO. 2012-04 AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, ANNEXING APPROXIMATELY 20 ACRES OF PROPERTY LYING IN PORTIONS OF LOTS 25 AND 26 OF THE INDIAN RIVER LAND COMPANY AS RECORDED IN PLAT BOOK 1, PAGE 164 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND IN SECTION 12, TOWNSHIP 28 SOUTH, RANGE 36 EAST, BREVARD COUNTY, FLORIDA; LOCATED ON THE EAST SIDE OF MINTON ROAD, AND AT 3130 AND 3150 FLANAGAN AVENUE AS MORE FULLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2012-05 AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, ANNEXING PORTIONS OF INTERSTATE 95 (STATE ROAD NO. 9) AND LIMITED ACCESS HIGHWAY LYING IMMEDIATELY ADJACENT TO THE CITY LIMITS OF WEST MELBOURNE IN SECTIONS 3 AND 34, TOWNSHIP 27 SOUTH, RANGE 36 EAST, BREVARD COUNTY FLORIDA; LOCATED AT INTERCHANGE AREA OF INTERSTATE 95 AND U.S. 192 AND AS MORE FULLY DESCRIBED HEREIN; PROVIDING AN EFFECTIVE DATE.

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Mayor Rose opened the public hearing. There being no public comments, he closed the public hearing. Council Member Bentley asked who would be responsible for the maintenance of the landscaping at the I-95 interchange. Planning Director Fischer noted that maintenance would be the responsibility of the City under a maintenance agreement similar to that for the maintenance of the U.S. 192 medians. Council Member Tice asked if the property being annexed on Flanagan Avenue was adjacent to the park. Planning Director Fisher replied that it was adjacent to the t-ball field. Mayor Rose asked if the Olive Grove properties were contiguous. Planning Director Fischer stated they were contiguous to the City limits but not to each other. Deputy Mayor Eley moved to approve the first reading of Ordinance No. 2012-03 for properties on Olive Grove Avenue, Garwood Drive, and Cocoanut Grove Avenue, and schedule a public hearing and second reading for February 7, 2012. Council Member Young seconded the motion. The motion passed with a 7-0 vote. Deputy Mayor Eley moved to approve the first reading of Ordinance No. 2012-04 for Calvary Chapel and Flanagan Avenue properties, and schedule a public hearing and second reading for February 7, 2012. Council Member Hazlett seconded the motion, which passed 7-0. Deputy Mayor Eley moved to approve the first reading of Ordinance No. 2012-05 for property in the I-95 right-of-way, and schedule a public hearing and second reading for February 7, 2012. Council Member Young seconded the motion. The motion passed with a 7-0 vote. Mayor Rose asked about the grant proposed for the Florida Department of Transportation (FDOT) for the I-95 right-of-way. Planning Director Fischer indicated the grant request would be for $500,000. The full amount may not be awarded as it is based on FDOT guidelines. Deputy Mayor Eley noted the application process for the grant came from the Transportation Planning Organization of the Floridas Space Coast. Anytime there is a project that has been reworked, like I-95 at the U.S. 192 interchange, the landscaping is replaced. However, that did not happen with the I-95 project. A separate funding source is available from FDOT. The application for funding the landscaping will go much smoother if the land is within the City limits. Revision to the Citys Sign Code to Allow Digital Billboards Along I-95. Planning Director Fischer introduced an amendment to the sign code to permit digital billboards. This was a request from Don Facciobene, a local developer. Digital billboards are permitted in unincorporated Brevard County and Cocoa. She presented a map showing the existing billboards, some of which were located within the City limits but were grandfathered uses. Those billboards were static billboards which mean the message does not move. The signs could only be changed by physically replacing the sign front. The sign criteria would be for one acre lots with 200 feet frontage on I-95 with only one sign permitted per site. Sign size would be limited to 900 square feet. In addition, there would be a 1,000 foot separation

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required between signs on the same side of I-95 and a 350 foot separation for billboards across I-95. Based on the criteria, Planning Director Fischer showed a map of the 11 sites that would meet the proposed criteria. The Planning & Zoning Board met on January 11 and, acting as the local planning agency, recommended approval of the ordinance. City Attorney Wilson read Ordinance No. 2012-06, in title only.
ORDINANCE NO. 2012-06 AN ORDINANCE AMENDING CHAPTERS 62, GENERAL PROVISIONS, AND 78, SIGNS, OF THE CODE OF ORDINANCES OF WEST MELBOURNE, FLORIDA; AMENDING SECTIONS 62-1, DEFINITIONS, AND ADDING 78-16, TO PROVIDE A DEFINITION AND REGULATIONS FOR DIGITAL BILLBOARDS; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.

Mayor Rose indicated this was a public hearing and asked for public comment. There being none, he closed the public hearing. Deputy Mayor Eley asked if this change would allow for static billboards. Planning Director Fischer replied that static billboards would still be prohibited; only digital billboards would be allowed. Deputy Mayor Eley moved to approve the first reading of Ordinance No. 2012-06 adopting revisions to the Citys Sign Code (Chapter 74) to allow digital billboards along I-95, and set the public hearing and second reading for February 7, 2012. Council Member Mettrick seconded the motion. Council Member Mettrick expressed concern for the size of the billboard. Planning Director Fischer noted that the digital billboard would typically be smaller than the large billboards seen in other areas. Council Member Young stated she had attended the Planning and Zoning Board meeting where this was discussed and there was a presentation to show how the signs were operated by a computer. She understood the message could be changed quickly and used for emergency situations. Planning Director Fischer agreed that the billboards could be used as a tool to notify the public for weather and law enforcement alerts. As part of this proposal, the City would be asking that public service announcements be posted at no charge. Mayor Rose asked if providing the public service announcements at no charge would be mandatory. Planning Director Fischer stated that it would not be mandatory. Council Member Tice asked about those billboards that were grandfathered. Planning Director Fischer explained the sign face could change. When asked what would happen if the billboards were destroyed by a weather event, City Attorney Wilson explained that a certain percent of the structure would have to be destroyed for the grandfathered use to no longer be valid.

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Council Member Hazlett commented he would not want to see the billboards on U.S. 192 or Wickham Road but saw no problems with the billboards located along I-95. He believed this may actually help getting possible tenants for Coastal Commerce. Digital billboards allows for multiple advertisers. There being no further comments, Council voted on the motion to approve the first reading of Ordinance No. 2012-06, which passed with a 7-0 vote. Collection of Development Impact Fees Prior to Certificate of Occupancy. Building Official Forbes presented the first reading of an ordinance to modify Chapters 18, 58, and 70 of the Citys Code to modify the timing of the collection of impact fees. He noted there would be no change in the cost. Currently, the fees are collected when the permit is issued. The change would allow for the fee to be collected prior to issuance of the certification of occupancy or certification of completion. Building Official Forbes noted this change would allow the City to become Simplified Nimble Accelerated Permitting (SNAP) certified. From discussion with officials with the Economic Development Commission of the Floridas Space Coast, the timing of the impact fees was the only stumbling block to getting certified. Building Official Forbes stated the Planning & Zoning Board had reviewed the ordinance at their December 13 meeting and, acting as the local planning agency, recommended approval of the ordinance by a 5-2 vote. City Attorney Wilson read Ordinance No. 2012-01, in title only:
ORDINANCE NO. 2012-01 AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA; AMENDING THE TIMING OF COLLECTION OF IMPACT FEES, UTILITY CONNECTION FEES, AND FACILITY CAPACITY RESERVATION FEES; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF WEST MELBOURNE CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

Mayor Rose opened the public hearing. Harry Stapor, 640 Manor Place, stated he served on the Planning & Zoning Board and voted against this ordinance. He noted the impact fee is money to satisfy incremental expenses of the city or county to provide a service. The City makes incremental improvements to the utility systems to accommodate the new development. The water and sewer improvements need to be done in concert with the development. For example, the Coastal Commerce property is a large development that is almost empty and many of the properties have no tenants or improvements. However, all of the infrastructure needs to be in place. The developer may have a cash flow problem and may not be able to come up with the funds at the time of issuance of the certificate of occupancy. The City is still obliged to make the incremental increases to their processing capability and their distribution and collection infrastructure before the certificate of occupancy is issued. He believed delaying the collection of the impact fees provided additional funding to the developer.

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There being no further public comments, Mayor Rose closed the public hearing. Deputy Mayor Eley stated she thought the issue with SNAP certification was the fire inspection process. Building Official Forbes noted the turnaround time had been addressed; a County fire staff employee spent two or three days a week in the Building Department to speed up the process for approval of the permits. Deputy Mayor Eley stated, because she sat on the board for myregion.org, there was an issue region-wide to streamline the building processes to make it a consistent process. Developers building in different locations have different rules that must be followed. She understood Mr. Stapors concern but believed this would provide additional time for the developer to acquire the funding for the impact fees. Building Official Forbes noted that in most cases the delay in collection impact fees provided a savings to the developer in the form of interest on borrowing or interest earned on funds set aside to pay for the impact fees. He reminded Council that the developer is responsible for bringing the utilities to the site. The impact fees are collected for improvements that are needed to the system further down the road. Deputy Mayor Eley moved to approve the first reading of Ordinance No. 2012-01, adopting amendments relating to timing of collection of development impact fees, and set the matter for public hearing and adoption for the City Council meeting of February 7, 2012. Council Member Hazlett seconded the motion. Planning Director Fischer stated impact fees are determined in advance, not knowing what will happen once the development is built. The fee is a formula based on growth rate to be able to have the capacity for the development. Council Member Bentley asked if collecting the fee later in the development process would require the City to spend money. Planning Director Fischer stated that it may require improvements at the time of development if the location is outside the perimeter of the major lines. Council Member Tice asked why the impact fees were collected at the time of permitting. Planning Director Fischer noted that it was previously easier to track when the fees were paid at the time of permitting. Now, there are better processes in place so that things do not fall through the cracks. Council Member Young noted she had attended the Planning & Zoning Board meeting and taken the concerns to the City Manager. There had only been one case where an extension was needed to pay the fees and that was a project in unincorporated Brevard County. Council Member Mettrick asked about the collection of the County impact fees. Planning Director Fischer noted that many of the fees go directly to the County at the time they are collected.

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Mayor Rose asked about those instances where a temporary certificate of occupancy was issued. Building Official Forbes noted that temporary certification of occupancy will not be issued until the impact fees are paid. Council then voted on the motion to approve the first reading of Ordinance No. 2012-01, which passed with a 7-0 vote. 6. PUBLIC FORUM

Charles Settgast, 7919 Timberlake Drive, encouraged Council to consider a charter amendment to change the reporting structure for the Police Chief. He reminded Council that three charter revision committees had recommended this change to Council between 2006 and 2010, but it was never approved. The concern by citizens was that at some point in the future, the position would be the subject of political persuasion. From looking at other cities in Florida, the police chief typically reports to the city manager. He believed that this had not been considered in the past because of concerns with the City Manager. However, he did not believe that was a concern now. He added that this may be a factor for prospective applicants in the future who may not want to apply knowing that they have seven political bosses. Donald Elliott, 4800 Gail Boulevard, commented on an incident that occurred over the weekend at Hollywood Estates. He noted that he had tried to contact someone at City Hall on Saturday because the management at Hollywood Estates was removing the streetlights on Gail Boulevard. On Saturday, management staff had indicated that they had permission from the City to do the work. He asked for confirmation from City staff that it was allowed and if any permits were needed. He also commented the new light fixtures would be solar powered and he did not believe they would provide adequate light. Mr. Elliott noted that a City Council Member had visited the management company on Saturday as a follow-up to a call from a citizen; he was told the Council Member had been insulted by management and invited to fight. He believed the residents were treated unfairly in regards to the changes that occurred with Waste Management and residential cart program. He also reported that management continued to sell television satellite dishes in the clubhouse when they should have been removed by January 1. Mayor Rose asked that staff respond to Mr. Elliot with answers to his questions. 7. CONSENT AGENDA

Mayor Rose asked that item C be pulled from the Consent Agenda. Deputy Mayor Eley asked that item A be pulled from the Consent Agenda. Mayor Rose noted that each of the three Consent Agenda items would be considered separately. Minutes. Council was asked to approve the Special City Council meeting minutes for Monday, December 5, 2011, and the Regular City Council meeting minutes for Tuesday, December 6, 2011. Deputy Mayor Eley asked that a correction be made to Page 7 of the December 6, 2011 Regular City Council minutes, 5th paragraph, to indicate that she made a point of order that the contracts could not be changed until they are renewed. Deputy Mayor Eley also noted Council had asked for a report at the December 5 meeting on a statement made by Computer Network Technician John Barbuto with the Police Department

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that e-mails sent from Ryan Cunningham came from the same IP address as that of Council Member Hazlett. City Manager Morgan indicated he could provide a report. Deputy Mayor Eley noted that the December 5, 2011, minutes should reflect that a report had been requested. Deputy Mayor Eley moved to approve the minutes for December 5 and December 6, 2011, as amended. Council Member Mettrick seconded the motion, which passed with a 7-0 vote. Hollywood Boulevard Sidewalk Grant. Council Member Mettrick moved to approve Resolution No. 2012-02 committing the City to execute the construction portion of the Local Agency Program (LAP) Agreement with FDOT for the Hollywood Boulevard Sidewalk Grant. Mayor Rose seconded the motion, which passed with a 7-0 vote. Veterans Memorial Complex Air Conditioning Replacement. Mayor Rose asked about the air conditioning replacement proposal for the community center side of the Veterans Memorial Complex. He asked if this was tied into the work being done by Ameresco for energy reduction. City Manager Morgan indicated it was not part of the project. He noted that Ameresco did not believe the chiller units for the Veterans Memorial Complex were inefficient. Council Member Mettrick moved to adopt Resolution No. 2012-04 amending the 2011-2012 budget and award the bid for the replacement of the 30-ton condensing unit at the Veterans Memorial Complex to B & B Air Conditioning and Heating, Inc., of West Melbourne in the amount of $19,229. Council Member Tice seconded the motion, which passed with a 7-0 vote. 8. ACTION AGENDA

Flood Risk Reduction Projects. Deputy City Manager Mills indicated staff had prepared several projects that could be completed this season to address concerns of homeowners in the Westbrooke Subdivision. In working with Brevard Countys project to add a turning lane and replace the culvert under Eber Boulevard, it was proposed to replace an additional culvert north of that intersection. The City could upgrade the box culvert at a cost to the City of $110,000. The possible impact from this work would be felt by the Westbrooke, Lynnwood and Stratford Pointe Subdivisions. The second proposal is for MelbourneTillman to widen the capacity of C-65, which runs north/south adjacent to Minton Road. This would widen the actual capacity to accept more flow downstream. The third part of this proposal would be for Melbourne-Tillman to take the extra spoil fill dirt from the widening of C-65 and use it to build up the bank along the Westbrooke side of the C-70 canal. He noted many of the residents had concerns with erosion. Harry Garton, 740 Whidbey Street, stated he had some follow-up questions that he submitted at the December 6 meeting that he did not feel had been addressed. He noted the water level in the canal C-70 is not at normal levels; he believed the canal was not completely open and there was an undocumented obstruction. Mr. Garton also noted the Saddlebrooke drainage is backflowing into Westbrooke and is the most probable cause on why Westbrooke Subdivision flooded. He noted it was illegal for water runoff to flow into another subdivision; he believed this concern had not been addressed. He reported that

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homeowners in Westbrooke would be taking pictures when the rainy season starts to document the backflow from Saddlebrooke. He also noted that the culverts for C-69 were too high and the flow was restricted. There was a drop in the height for the Palm Bay Shopping Center and believed this was preferential treatment for this use which caused flooding in the areas to the north. Lastly, Mr. Garton commented that the C-70 canal was more of a problem and asked if it would better to spend the money to fix C-70 rather than C65. Mary Lou Abrams, 2652 Vining Street, expressed concern that the models were not working. She noted that staff had been working on this for the last four months. She believed the problems with the model should have been fixed. Deputy City Manager Mills stated he assumed the model, which belonged to the MelbourneTillman Water Control District, was working at 100 percent. When the City Engineer found that it was not, all the data had to be inputted to get the model working. He replied to Mr. Gartons comments that they could do a cost analysis on correcting the issues with C-65 versus C-70 to determine which would provide more of a benefit. However, he noted that the Melbourne-Tillman Water Control District does not own the area around Flanagan Avenue and did not believe there was as much capacity that could be achieved to the west. Deputy City Manager Mills also commented on the Saddlebrooke backflow and believed there was a low-cost solution that would require educating Saddlebrooke residents. He reported the City Engineer was currently reviewing the culverts going south by the Palm Bay Shopping Center to determine if there are issues with the flow of water. Deputy Mayor Eley reported she had attended the Saddlebrooke Homeowners Association meeting last week and the president of the group seemed willing to work with the Westbrooke Subdivision. She noted that one gentleman was adamant that the homeowners association was not responsible for the flooding in Westbrooke; therefore, there was some resistance. Deputy City Manager Mills stated the City will help coordinate and facilitate between the two homeowner associations. Council Members expressed an interest in having City Engineer Matt Soyka present to answer any questions that may come up. Deputy City Manager Mills noted that Mr. Soyka is providing engineering assistance to Melbourne-Tillman Water Control District. He said that Mr. Soyka will attend a Council meeting to explain the model once it is done. In the interim, the projects proposed could be done before the rainy season to provide some benefit. Council Member Mettrick noted that the property owner at the corner of Eber Boulevard and Minton Roads felt he was not responsible for the culvert. City Manager Morgan stated repairing and upgrading the culvert would be appropriate as a City expense because it would provide for a public benefit. Council Member Bentley asked if the culvert at Eber Boulevard was the problem or if it was further down the road. Deputy City Manager Mills stated there could be other issues south of Eber Boulevard. He stated there could be capacity downstream that would be able to accept the water. Council Member Bentley stated he wanted to make sure that this was the best use of the funds. Because the model was not complete, there could be another project

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that could create a larger benefit. Deputy City Manager Mills stated that culvert was undersized, especially with the culvert that will be placed at Eber Boulevard. He strongly believed there would be a positive effect from the project. Council Member Bentley asked about the cost savings by doing the project now. Deputy City Manager Mills stated the savings would be $20,000-$25,000 because the County would already be mobilized. Council Member Tice asked if it would help with a larger box culvert. Deputy City Manager Mills stated that it would be sized to match the Countys Eber Boulevard improvements downstream. Council Member Hazlett moved to authorize the City Manager to enter into an agreement with the Brevard County Public Works Department to construct a 9 by 6 box culvert at the driveway crossing of the Chevron Gas Station as part of the Countys Eber Boulevard turn lane improvement project and approve Resolution No. 2012-03 adopting a Stormwater Utility Fund budget amendment of $110,000 for the construction of the box culvert. Deputy Mayor Eley seconded the motion, which passed with a 7-0 vote. Mayor Rose asked when the modeling results would be finished. Deputy City Manager Mills said he hoped to have them by the next Council meeting. Mayor Rose questioned whether it was necessary to move forward with the spending approval now when the modeling results could show something different at the next meeting. City Manager Morgan stated the County has recommended the work be done as soon as possible. Deputy Mayor Eley noted that representatives from the St. Johns River Water Management District indicated that the culverts further downstream needed to be repaired and enlarged. Therefore, they identified this work as something that would decrease the backlog. Council Member Tice asked if there could be other options provided when the modeling was complete. Deputy City Manager Mills noted the model may add other things that can be done in addition to what is proposed. Council Member Young noted that the representative from St. Johns River Water Management District indicated the C-70 canal does not slope enough and has become shallow. She asked if it would help to dredge the canal. Deputy City Manager Mills stated it would be more beneficial to widen the canal. Council Member Young also spoke on the erosion of the yards and that some of the erosion of the yards was now in the canal. Council Member Mettrick asked if a different type of fill could be used to build up the yards of those homes that had been washed away. Deputy City Manager Mills indicated the fill would be that which was used on the banks of C-65, which had not eroded. Council Member Mettrick moved to authorize the use of the Citys employees and consulting engineer to provide technical assistance to the Melbourne-Tillman Water Control District for construction of a bypass drainage from C-69 just south of Norfolk Parkway to connect with C-65 and use of extra spoil material from the widening of C-65 to create a berm along the north bank of the C-70 canal adjacent to the Westbrooke Subdivision. Council Member Bentley seconded the motion, which passed with a 7-0 vote.

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Professional Services Agreement for Community Redevelopment Plan. Planning Director Fischer reminded Council that they had created the Community Redevelopment Area in August 2011, which was located in the business corridor along Wickham Road and U.S. 192. The next step in the process was to create a redevelopment plan. She was recommending the consultant group of Kimley-Horn be hired to prepare the plan. The City has been pleased with their services and they have a working knowledge of the steps that have already taken place. She noted that the City would be eligible for reimbursement from the Community Redevelopment Area for preparation fees associated with the community redevelopment plan. The proposal was $55,900 over 2 fiscal years. She noted that $25,000 had been included in the current budget. Deputy Mayor Eley moved to authorize the City Manager to award the continuation of the professional services contract to Kimley-Horn for preparation of the Community Redevelopment Plan per Florida Statutes as the second step in the redevelopment process. Council Member Bentley seconded the motion, which passed with a 7-0 vote. Local Lawn Maintenance Program. Building Official Forbes presented the first reading of Ordinance No. 2012-02 to establish a local lawn maintenance program. He noted this was already included in the Citys Code under Section 26-106, but the process was not spelled out. This would be used for those properties that have gone through the Code Enforcement Board process for noncompliance of overgrowth violations. The three types of lawn maintenance would be to mow the lawns, cut back the hedges at window level to provide visibility, and tree trimming to provide visibility. This would allow the City to clean up those properties that were left vacant and were not being maintained. City Attorney Wilson read Ordinance No. 2012-02, in title only:
ORDINANCE NO. 2012-02 AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA; AMENDING SECTION 26-106, CORRECTION OF VIOLATION BY CITY, PROVIDING FOR AN EFFECTIVE PROCESS OF USING LOCAL LAWN MAINTENANCE COMPANIES TO MAINTAIN PROPERTIES IN VIOLATION AS PER FINDINGS OF THE CITY OF WEST MELBOURE CODE ENFORCEMENT BOARD; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF WEST MELBOURNE CODE OF ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.

Council Member Mettrick asked if this would hold a homeowners association responsible. Building Official Forbes indicated the code violation would lien the property and not the association. This would be used in those cases where the property has gone into foreclosure and the bank has not taken the responsibility for maintaining the property. Therefore, the violation is sent to the bank. Council Member Mettrick asked if the banks were responding to requests for property maintenance. Building Official Forbes indicated it took a long time to get the banks to respond. This would allow for the Code Enforcement Board to order the property be cleaned up.

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Council Member Bentley asked about the rotation of lawn care companies to be used. Building Official Forbes stated that they would set a certain price and have lawn care companies bid on the work to be done. Council Member Bentley moved to approve the first reading of Ordinance No. 2012-02 to establish a program for the City to use local lawn maintenance companies on a rotational basis to clean up properties not in compliance with current ordinances, and schedule a public hearing and second reading for February 7, 2012. Council Member Mettrick seconded the motion. Council Member Young noted that the liens on property can be higher than the value of the property. The City may pay for the landscaping company to clean up the property but may never get reimbursed. City Attorney Wilson noted that this has been done in other cities and he knew that it was done in St. Augustine with very few fines not getting paid. It is worth more in public policy to have the neighborhoods cleaned up. Council Member Hazlett expressed concern that the City should not be in the grass cutting business. He did, however, agree that this type of service was appropriately passed to the private sector. He encouraged staff to subcontract out other lawn care service that the City provides. Council Member Mettrick asked if there was a law that homeowner associations and City liens could only be in place for one year. City Attorney Wilson did not believe it applied to code enforcement situations but would consult the state law. Council then voted on the motion to approve the first reading of Ordinance No. 2012-02, which passed with a 7-0 vote. Retirement Board Proposed Cost Saving Amendments to Police Officers Retirement Plan. City Manager Morgan presented the first reading of Ordinance No. 2012-07. He noted this ordinance came from a recommendation from the Police Officers Retirement Board. The first change is in response to new state law in regards to the definition of salary and would be retroactive to July 2011. The second item would further clarify the vesting policy to say that 25 years of service must be completed with the City. This had been valued differently by the actuary and the result would provide some actuarial savings to the City of about $230,000. He stated if the first reading was approved, the ordinance would need to be sent to the State Division of Retirement for review prior to coming back for public hearing and second reading. City Attorney Wilson read Ordinance No. 2012-07 in title only:
ORDINANCE NO. 2012-07 AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, AMENDING PROVISIONS RELATING TO DEFINITION OF SALARY; AMENDING PROVISION RELATED TO VESTING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

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Deputy Mayor Eley moved to approve the first reading of Ordinance No. 2012-07 amending portions of Article IV of Chapter 34 of the City of West Melbourne Code entitled Police Officers Retirement to conform the City Code to recently enacted State of Florida law and to enact Retirement Board-recommended cost saving changes, and set the ordinance for public hearing and adoption after the required review by the State Division of Retirement. Council Member Hazlett seconded the motion, which passed with a 7-0 vote. Appointment to Parks and Recreation Advisory Board. City Clerk Hanscom asked Council to make an appointment to the Parks and Recreation Advisory Board. She explained that one opening had occurred with the resignation of John Tice when he was elected to Council. Applications were on file for the Board from Andrew Jones and Deborah Raskett. Council Member Mettrick moved to appoint Andrew Jones to serve on the Parks and Recreation Advisory Board to fill an unexpired term ending September 2013. Council Member Young seconded the motion, which passed with a 7-0 vote. Proposed Charter Amendment Development. This item was removed from the agenda earlier in the meeting. 9. MANAGEMENT REPORTS

Update on External Assessment of Police Department Property and Evidence Function. City Manager Morgan reminded those present that on November 30, 2011, the community was made aware of an incident that occurred in June 2009 where then Commander Chuck Schrum had taken prescription drugs for personal consumption. This was discussed at a special meeting on December 5, 2011. Since then, he was able to secure a two-member team assessment from the City of Punta Gorda, as recommended by the Florida League of Cities. The team had completed their on-site assessment of the evidence room policies and procedures on January 11, 2012, but a report was not yet available. The Police Department is committed to enact changes in response to recommendations made by the external review team. Council Member Hazlett stated the report provided with the agenda was not what Council had asked. He believed those individuals involved in the cover up were still involved. He commented that he had talked with officials in Tallahassee who believed that Mr. Schrum could lose his pension. He was still waiting on an investigation by the Florida Department of Law Enforcement (FDLE) on the handling of the Schrum matter. He believed that recent Council meetings had been cancelled in the hopes that this matter would go away. He believed there was a severe lack of management and leadership on this issue. Deputy Mayor Eley stated the report presented with the agenda did not address the fact that a single employee could have unlimited access to the evidence room. There should be checks and balances in place. Deputy Mayor Eley also commented that, at the December 5 meeting, Council had asked that an investigation be conducted and asked for the status of that investigation. City Manager Morgan replied that he and the City Attorney had asked the FDLE for assistance

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but did not have an affirmative response that the investigation was something they would be willing to conduct. He suggested that the City could engage a retired police chief. Both Deputy Mayor Eley and Council Member Hazlett indicated that they had expected an investigation of the actions of Police Chief Brian Lock. They both expressed concern that six weeks had gone by since the special meeting on December 5 and nothing had been done. Council discussed the report expected from the team from Punta Gorda. City Manager Morgan indicated the report would address how to insure secure practices for the evidence room going forward, but would not address what had happened in 2009. Council Member Mettrick stated the cellular telephone records clearly show that Chief Locks first concern was to get help to Mr. Schrum. He asked if the Council could use the law firm hired on December 5 to conduct an investigation. He asked what would happen when the report was received from the review team from Punta Gorda. City Manager Morgan replied there may need to be physical improvements to the property and evidence room to get the department to accreditation standards. He noted that Council had been informed about what had happened in the past but was not sure what other information could be provided. Mayor Rose stated the infraction occurred in June 2009 and yet there had been no contact with the State Attorney until September 2009. He stated there was no evidence of correspondence with state authorities in July or August. Council Member Tice commented that hiring a retired police chief to review the case would be a waste of time. He read from a letter submitted from Chief Locks attorney, which stated that [Chief Lock] is willing to [resign] under acceptable terms. He stated that at the December 5 meeting, Council chose not to put Chief Lock on administrative leave with the assumption that they would be working toward a mutually accepted exit strategy. Council Member Young noted that Council had asked for an investigation at the December 5 meeting by an outside person to look at the situation to verify if Chief Lock did the right thing. She thought it was made clear at that meeting that the law firm would look at the findings of that report before presenting it to Council. She believed any further questions on the incident, such as why Mr. Schrum was permitted in the evidence room alone, was a separate issue and should be submitted to the City Manager. Council Member Hazlett stated Council already knew that Mr. Schrum committed a felony and was never prosecuted or terminated. The issue is that Chief Lock never reported the incident. Just because there was a transition of City Managers does not mean Chief Lock could not have reported the incident to Council. He felt strongly that the matter should have been handled differently and he was reluctant to trust the data submitted from the Police Department. Council Member Hazlett also commented that he had received many e-mails, which he occasionally forwards on to other people, but he did not create the e-mail from Ryan Cunningham. He stated the issue here was to address the management and lack of leadership.

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Deputy Mayor Eley stated Council had been told that Mr. Schrum could not be prosecuted because he had a right to be in the evidence room. If that was the case, she wanted assurance that this was no longer the case. Mayor Rose reiterated that Council was waiting on an investigative report on whether or not Chief Lock acted correctly. In addition, Council was waiting on a report on the investigation into the e-mail sent by Ryan Cunningham and the allegations that it was sent by Council Member Hazlett. 10. CITY COUNCIL REPORTS

Council Member Bentley had no report. Deputy Mayor Eley had no report. Council Member Hazlett complemented the most recent issue of the Sun newsletter. He was also pleased to see work was continuing on the West Melbourne Community Park master plan. Council Member Tice stated he had driven on the Henry Avenue extension over the weekend and it looked good and was almost complete. He also noted the paving project at the intersection of Henry Avenue and Minton Road looked like it was near completion and would be a benefit for drivers. He stated he had seen that the purchase of the Harley Davidson motorcycle for the Police Department had gone through; he commented he had hoped that could have come back to Council for further review. Council Member Young commented she, too, had been on the Henry Avenue extension. She also commented she was glad to see the construction staging area at Henry Avenue and Doherty Drive cleaned up. Council Member Mettrick congratulated Legal Assistant Christine Pennington for receiving Employee of the Year for the City. He also reported he had spent the day with Meter Reader Technician Joy Holloway from the Water Department and had assisted with 42 water shut-offs that day. He could not understand why people would let their water be shut off for not paying on the bill and then having to pay the $50 fee to turn the water back on. During his drive-around with Ms. Holloway, he had traveled the Henry Avenue extension and commented on the line of sight issue with vehicles pulling out of Park Hill Boulevard onto Henry Avenue. Council Member Mettrick also reported he was the Council Member that was called to Hollywood Estates by a resident who had indicated that management was cutting down poles on City property. He agreed that the individual he had spoken to with the management company was very angry and verbally abusive. He contacted City Manager Morgan about the issue and believed it was being handled. Mayor Rose reminded residents that Tuesday, January 31, 2012, was the Presidential Preference Primary and encouraged everyone to go out and vote.

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11.

ADJOURNMENT

There being no further business, the meeting was adjourned at 10:14 p.m.

_____________________________________ Hal J. Rose, Mayor

________________________________ Cynthia S. Hanscom, City Clerk

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