Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING  MONDAY, AUGUST 19, 2020, 6:30 p.m. COMMUNITY CENTER, 509 OCEAN AVENUE  MINUTES  Commission Members: Mayor. Jim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte StaffMembers: Town Manager Elizabeth Mascaro Town Clerk Jennifer Torres Finance Manager Jennifer Kerr    1.  Call to Order  Mayor Simmons called the meeting to order at 6:30 p.m.  2. Roll Call  Commissioners Present: Mayor Jim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte  Staff Present:  Town Manager Elizabeth Mascaro Town Clerk Jennifer Torres Finance Manager Jennifer Kerr Town Attorney Cliff Repperger  3. Pledge eofAllegiance and Moment of Silence  Led by Mayor Simmons Presentations  4.  5. Boards and Committees  A. Reviewo ofTown Board Volunteer Applications to fill Board vacancies  Vice Mayor Wyatt Hoover moved to appoint Jamie Guth as a memberofthe Environmental Advisory Board; Commissioner Quarrie seconded; Motion Commissioner Quarrie moved to appoint Tom Jones as an alternate ofthe Parks Board; Vice Mayor Hoover seconded; Motion carried 5-0. Commissioner Quarrie moved to appoint Rachel Rubenstein as an alternate ofthe Parks Board; Vice Mayor Hoover seconded; Motion carried 5-0.  carried 5-0.  6. Public Comments Ingrid Perkins 5103rdAve  Ms. Perkins said the Vacation Rental Ordinance confuses her and Mayor Simmons said she should schedule a meeting with the Town Manager to discuss her concerns.  Steve Perkins 5103rd.Ave  Mr. Perkins said he agrees with his wife and stated he doubts there is one person in the  room who has paid more taxes than his family.    John England 514.Ave. B  Mr. England noted that the parking spaces ati the end of streets are not being used and feels it's a good idea to roll those spaces into a paid parking program because it'sa  shame that the accesses are completely shut off.  Mike Pollen 305Ave. B  Mr. Pollen said he completely disagreed with the gentlemen who just spoke and felt for the first time that he didn't have to worry about animals, kids, and college students  destroying his yard.  7. Approval ofthe Agenda  Mayor Simmons added approval of the draft minutes to the agenda and reset the orderofitems, requesting that under Consent Agenda - Item D Reappointment ofJohn Haig to the Board of Adjustment for a term of3) years - be moved to New Vice Mayor Hoover moved to approve the agenda as modified; Commissioner Quarrie seconded; Motion carried 5-0.  Business.  8. Consent Agenda  A. Site Plan Review for 310 Fourth Avenue, Melbourne Beach B. Site Plan Review for 222 Surf Road, Melbourne Beach  C. E. F.  Reappointment of Charles Cain to the Board of Adjustment for a term of3 Reappointment of Kelli Hunsucker toi the Environmental Advisory Board Reappointment of Genie Gold to the History Center Board for a term of2  years  fora term of 2 years years  G. Reappointment of. Jo Solley-Hansen to the History Preservation & Awareness Board Center Board for a term of 2 years  Vice Mayor Hoover moved to approve the Consent agenda; Commissioner Quarrie seconded; Motion carried 5-0.  9. Public Hearings    A. First Reading of Ordinance 2020-04 amending Section 7A-102, Appendix A, Town Code of Melbourne Beach, Florida (Land Development Code) - Town  Attorney Repperger  B. Town Attorney Repperger read Ordinance 2020-04:  AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE TOWN OF MELBOURNE BEACH, AMENDING SECTION 7A-102 TO AUTHORIZE THE CONSIDERATION OF CONDITIONS, LIMITATIONS, OR REQUIREMENTS IN A PROPOSAL FOR: ZONING CHANGE OR AMENDMENT VOLUNTARILY PROFFERED AS PART OF A BINDING DEVELOPMENT AGREEMENT; CREATING SECTION 7A-103 AUTHORIZING BINDING DEVELOPMENT AGREEMENTS; PROVIDING A SERVERABILITY, /INTERPRETATION CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION  SCHEDULE.  Public Comments Tom Swenson 220. SurfRoad  Mr. Swenson said he didn'tunderstand what the Town Attorney said and Mayor Simmons proceeded to explain what Binding Development Agreements are. Vice Mayor Hoover moved to approve Ordinance 2020-04; Commissioner Runte seconded; Motion carried 5-0.  10. Old Business  A. Review and possible action regarding Ordinance 7A-671 related to Boats & RVs- Commissioner Quarrie provided excerpts from the minutes of past meetings where thej proposed Ordinance had been discussed. After reviewing them, her assessment was that Planning & Zoning did recommend it and the Commission passed it and shei felt it was tabled becausei there was some confusion. But based ont the decisions made by both Planning & Zoning and the Commission, she felt the Ordinance should go forward and not be sent back to Planning & Zoning. Commissioner Walters said Planning & Zoning wanted to separate RVs and boats  Commissioner Quarrie  in the Ordinance.    Commissioner Quarrie pointed out that Planning & Zoning considered separating boats and RVs, but didn't. They only asked the Commission to consider it and the Commission made the decision not to separate based on the cost of advertising. Mayor Simmons said, to him, thei issue is more ofa code enforcement issue. We Commissioner Quarrie said the real issue is whether or not your neighbor cans see any of your recreational vehicles and she felt that everyone who spoke at the last meeting agreed with her sentiment that ifs someone has an issue with what they Commissioner Runte expressed confusion as to why they are discussing this issue Vice Mayor Hoover said he received a lot of feedback on the issue since March and felt the Commission should consider adding some additional requirements Commissioner Walters said this all started because we had a 14-foot tall, 45-foot RV: next to a home and the Mayor recommended sending the issue to Planning & Zoning and they came back and said we would like to separate those issues. He added that Vice Mayor Hoover had comments not addressed yet and said Planning & Zoning is an advisory board and they know what they are doing. He added that when it came back to us we don't! have to accept it and to not send it back to Planning & Zoning when they requested iti is a slap in the face. Mayor Simmons said he wanted to correct something. He did not recommend it was sent to Planning & Zoning - that is just the process they are required to follow. He added that we already sent it to them once and we don't send it back  don'tallow extended sides, sewer hookup, etc.  are. looking at, it's up to them to change their view.  again because it was already dealt with at public hearings, etc.  for RVs.  and forth. Public Comments Adam Myer 214Surf  Mr. Myer's concern is that he is unaware how many RVs are parked in the Town. His guess is that people with large RVs are not the majority and his concern is that we will change the Town policy for a minority not the majority.    Tom Swenson 217Surf  Mr. Swenson said he agreed with Mr. Myer in that the Commission seems to be  working for the minority not the majority.  John England 5144 Ave. B  Mr. England said that as a boat owner, he is in favor ofl being able to have a boat Commissioner Runte commented that numerous code violations have been issued based on outdated code related to boats and RVs because over time the size has increased and everything is bigger. He said this Ordinance does have a lot to do with stopping repetitive code violations for an unreasonable code made  that is at least 30-feet in length.  50 years ago.  JeffSaracca 508 Banyan Way  Mr. Saracca said he has had a 33-foot boat on the side of] his house for years and he's been a resident, paying taxes to the Town longer than most people in the room. He disagrees with any change that would force anyone with a boat that is over the size regulations to find storage because that is very hard to do.  Brian Troy 509 Hibiscus Trail  Mr. Troy said the 26-feet limit is outdated and storage is expensive and difficult Mayor Simmons said the Commission could go a couple different ways with this Commissioner Walters moved to send Ordinance 2020-03 back to Motion failed 2-3. with Mayor Simmons, Commissioner Quarrie and  toi find.  issue; send it back to Planning & Zoning, table it, or approvei it. Planning & Zoning: Vice Mayor Hoover seconded;  Commissioner Runte in dissent.    Commissioner Quarrie moved to accept Ordinance 2020-03 as a First Reading: Commissioner Runte seconded; Motion carried 3-2 with Vice Mayor Hoover and Commissioner Walters in Dissent. B. Review Social Media Policy. Provide edits and changes if necessary = Town  Manager Mascaro  Town Manager Mascaro said she was tasked with creating a social media policy and part of that policy requires that if Commissioners have a social media account as a Commissioner, it must be approved through the Town. Each Commissioner is responsible for getting that information to Town staffbecause  everything is subject to public records.  She asked the Commission if they had any changes or edits. general overview of what Sunshine Law entails.  Town Attorney Repperger passed out a Sunshine Law overview to provide a Mayor Simmons and Vice Mayor Hoover each made a few minor grammatical  edits to the policy. Public Comments Ingrid. Perkins 5103rdAve  Ms. Perkins suggested making meetings available online and live-streaming  them.  Sue Tompkins 204 Neptune Drive  Ms. Tompkins said she feels very fortunate that we have a Police Department that  goes above and beyond the call of duty.  Lauren Hardman 320 6th Ave.  Ms. Hardman asked what discipline occurs when a Commissioner uses slanderous language on social media. Mayor Simmons said they can be censured but not removed. Ms. Hardman felt there should be repercussions for bad behavior because her taxes should not be going towards Town Attorney bills Walters wanted to clarify that the Town Manager does not have the right to  caused by a Commissioner's bad behavior. censor him on his own media.    Town Attorney Repperger said she does not.  Vice Mayor Hoover moved to approve the Town social media policy; Commissioner Runte seconded; Motion carried 4-1with Commissioner  Walters in dissent. 11. New Business  Added item: Reappointment of Haig John toi the Board of Adjustment fora Mayor Simmons said the records show that Haig John ofthe Board of Adjustment had only made one meeting out of six in three years and he would  term of 3. years  not recommend reappointment. Commissioner Walters agreed.  Mayor Simmons asked ift there was a motion to reappoint Haig John. No motion Dies for lack ofar motion. Haig John will not be reappointed toi the Board of A. Confirm Qualified Candidates and Order Names to be printed on the November 3,2 2020 Municipal General Election and Special Election Ballot - Town Clerk Town Clerk Torres said three candidates qualified for one (1) Commissioner-at- Large seat fora a (2) two-year-term and one (1) candidate (who is unopposed) Mayor Simmons said Vice Mayor Hoover would need to recuse himself from the Commissioner Quarrie moved to qualify Wyatt Hoover for the Mayoral Election on November 3, 2020 in the Town of Melbourne Commissioner Walters said only one candidate completed their paperwork correctly and the motion should include forgiving any discrepancies or errors in the candidate's paperwork. He asked that the motions are amended to include this forgiveness of errors. He indicated he will send the Town Clerk a list.  was made. Adjustment  Torres (2:03)  qualified for the Mayoral seat for a three (3): year term.  vote.  Beach; Commissioner Runte seconded;  Commissioner Quarrie withdrew her motion.  Commissioner Walters moved to qualify Wyatt Hoover as a candidate for the Mayoral Election on November 3, 2020 and order his name    listed on the ballot forgiving any discrepancies that may exist in his paperwork; Commissioner Runte seconded; Motion carried 4-0. (Vice Commissioner Walters moved to qualify Joyce Barton as a candidate for Commisioneratlarge for the Town of Melbourne Beach forgiving any discrepancies that may exist in her paperwork: Commissioner Runte seconded; Motion carried 5-0.  Mayor Hoover recused himselffrom thisv vote.)  Commissioner Walters moved to qualify Paul Carlson as a candidate for Commissioneratlarge for the Town of Melbourne Beach forgiving any discrepancies that may exist in his paperwork; Commissioner Runte seconded; Motion carried 5-0. Commissioner Walters moved to qualify Gail Gowdyas: a candidate for Commissioneratlarge for the Town ofMelbourne Beach forgiving any discrepancies that may exist in her paperwork; Commissioner Runte seconded; Motion carried 5-0.  B. Consideration of ending Emergency Orders 2020-06 and 2020-07 or extending the Emergency Orders with Ordinance 2020-08 and Ordinance 2020-09-  Mayor Simmons (2:09:35) Bruce Morgan 501 Sunset Blud.  Mr. Morgan said he believes masks should be optional  Ingrid Perkins 5103rd Ave  Ms. Perkins said shel believes masks should be used and would like to see the Commissioner Runte moved to approve Emergency Order 2020-09 and Emergency Order 2020-10 which extend the Town mask mandate through September 17, 2020; Commissioner Quarrie seconded; . Review Proposal from Florida Solar Energy Council on Performing and Energy Analysis and Solar Feasibility Assessment - Town Manager Mascaro Town Manager Mascaro said the EAB Board contacted Karen Fenaughty with Florida Solar Energy Council to determine the scope and cost of an energy audit for the Town Hall Complex. Their cost the proposal came back at $5,000.  Commission extend the orders.  Motion carried 5-0.    Vice Mayor Hoover said he doesn't think they should approve it at this time because its seems like al lot of money and he would like more details before approving. He would also like the Town to look into grants.  Nor motion made.  D. Consideration of allowing artwork to be painted on the' Town's Stormwater drains Town Manager Mascaro explained that thel EAB asked to have the Commission consider allowing artwork tol be painted on the Town's Stormwater drains. The artwork would be completed by local artists (local schools, churches, youth groups and local artists) free of charge. The Town would supply the art supplies. Commissioner Runte said that as long as there is quality control, he's good with Vice Mayor Hoover said his biggest concern is what they will look like in 12-15  Town Manager Mascaro  it.  months.  Ingrid. Perkins 5103rd Ave  Ms. Perkins said: she would really like to see an encouragement of artin  community.  Joyce Barton 322 Avenue  Ms. Barton said she's concerned residents won't all know it was a planned thing and then they may go out and do it themselves SO it could promote graffiti.  Non motion made.  E. Consideration and Review of Quote from Computer Experts for new Software Town Manager Mascaro said the Town's current software licenses for Microsoft Office expire in October 2020. The quote from Computer Experts for new computer software licenses for 15 workstations is $5,985.00 Commissioner Runte said the process is expensive and the way the Town  Licenses - Town Manager Mascaro  Manager is presenting iti is more cost effective.  Public Comments    Ingrid. Perkins 5103rd.Ave  Ms. Perkins asked ift the Town considered having resident who owns a computer  software company handle this.  Commissioner Runte said they have to go with Microsoft products. Commissioner Quarrie moved to approve the quote from Computer Experts for new software licenses: Vice Mayor Hoover seconded; F. Consideration of moving money from the Reserve Account into a 360 day Certificate of Deposit account with an estimated 0.05%* annual percentage yield, which translates to $498.35 at 360 days = Finance Manager Kerr The Finance Manager said thei interest rate has returned to what it what was but the Commission could consider approving a move ifthe rate goes back down  Motion carries 5-0.  again.  Public comments  Ingrid Perkins 5103rdAve.  Ms. Perkins said this sounds like a great idea but wondered ifthere is a particular reason the Town used BBR and not Space Coast Credit Union. The Mayor replied Commissioner Runte moved to give Ms. Kerr the authority to stagger two CDS to purchase CDs ifthe rate goes down to .05: Vice Mayor G.C Consideration of Budget Resolution 2020-05 - Finance Manager Kerr  it was due to thei fact that thel bank must be a commercial bank.  Hoover seconded; Motion carried 5-0.  Finance Manager Kerr explained that it's time to renew the Town's current health plan and recommended renewing the current plan because it's in the best interest Vice Mayor Hoover moved to approve Budget Resolution 2020-05: Commissioner Runte seconded; Motion carried 5-0. H. Consideration of Reallocation of Funds from FY 2019-2020 Fire Control Budget  ofthe employees.  - Fire Chief Gavin Brown Chief Brown requested the following:    1. Move Extractor Washer/Dryer line item to long term capital fund. 2. Allow repainting of Fire Department interior garage walls with funding 3. Move remaining funds from Professional Services to long term capital fund to assist with the purchase of an equipment trailer and chiet/administrative vehicle or the Fire Department. (Approx. $50,000) Commissioner Walters said he would bei in favor of approving items 1-2 but thought that as far as vehicle the Chiefs should to ask the MBVFD Inc. to buy it. Chief Brown said he'sj just asking for the money they didn'tspend this year tol be Commissioner Quarrie said she's happier leaving the money in rather than Commissioner Walters moved to approve that the $11,000 extractor washer/dryer line item be moved to long term capital fund; Vice  ($11,000)  from Floor Refinishing capital item. ($1,475)  allocated for this purchase. putting it into a newi truck.  Mayor Hoover seconded; Public comments  Ingrid Perkins 5103rd.Ave.  Ms. Perkins said she is in favor ofapproving the vehicle because the Chiefmade  valid points. Motion carried 5-0.  Commissioner Walters moved to approve repainting gofFire Department interior garage walls with funding from Floor Refinishingcapital item, not to exceed $1,500; Vice Mayor Hoover Mayor Simmons suggested they separate item #3 into two separate items, one dealing with the equipment trailer and the other with the vehicle. Commissioner Walters moved to approve moving funds from professional services to long term capital fund to assist with the purchase of an equipment trailer not to exceed $8,000; Vice Mayor Commissioner Walters moved that the Commission ask MBVFD Inc.  seconded; Motion carried 5-0.  Hoover seconded; Motion carried 5-0. top purchase Chief] Brown a vehicle;    Motion died for lack of a second. an exact amount is known.  The Commission decided to address any distribution of the remaining funds until I. Consideration of request that the Town Commission give the Police Pension Board the authority to adopt required tax compliance changes by policy and then request the Town Commission to add by Ordinance at a later date - Attorney Commissioner Walters moved the Commission give authority for the Police Pension to adopt required tax compliance changes bypolicy and advertise for a First Reading ofthe related Ordinance next month; Vice Mayor Hoover seconded; Motion carried 5-0. J. Discussion and possible action related to two options that may offer safer bike  Bonni Jensen on behalfo of] Police Pension Board.  travel in Town - Public Works Supervisor Davis    The Commission had requested that staff research options for safer bike travel in our Town. Public Works Supervisor Davis said research has been completed and Pavement markings of bike sharing lanes on thej pavement with the cost of the stencil to do in-house painting is $195 plus shipping. The cost of the paint and materials would depend on how many areas the symbol is applied. It must be painted on the pavement every 250 feet and after each intersection. Reflective Post the "Lanes Shared with Bikes" signs. Iti is not specified the frequency with which the signs must be posted. The signs could be posted on our present traffic control signs such as speed limit etc. The cost per sign would average about $60 Vice Mayor Hoover moved to go forward with road stencils on streets that are 22-feet or wider and delay Orange; Commissioner Runte  two options identified. They are:  paint would be the optimum material, or:  per sign.  seconded; Motion carried 5-0.  12. Staff Reports  A. Town. Attorney Report - None B. Town Manager Report  Town Manager Mascaro said she heard back from FDOT about how they can Ini regard to Business Tax Receipts, she suggested the Commission consider waiving the fees due to thei impact of COVID on local businesses. Commissioner Walters requested that the candidates for office receive a copy  reduce the speed limit on A1A.  of meeting agendas. C. Town Clerk Report - None D. Departmental Reports: 1. Building Department  Commissioner Quarrie asked ift the Building report could be changed SO  that private information isn'trevealed. 2. Public Works Department - None 3. Code Enforcement - None 4. Police Department - None 5. Fire Department - None 6. Finance Department    Commissioner Runte moved to approve the July Finance Report: Commissioner Quarrie seconded; Motion carried 4-0 with Commissioner  Walters in dissent.  13. Town Commission Comments A. General Comments  B. Review of Commission Action List  Closed:  Comprehensive plan for safe pedestrian and bike routes  Social Media Policy Establish Facebook pages  Updates:  Collaborate with Indialantic for Joint Request to FDOT to reduce Street Repaving - TM did not receive costs from Scott. Update at Sept RTCM. Charging stations: PWS says breaker box must be replaced at a cost of $3,000- $4,000. TM asked to see how much generic cost would cost and update at Sept Employee 6-month evaluations: Almost all in. TM asked Commission to consider changing timing of evaluations to October in 2021 around the time of Code enforcement magistrate: Move First Reading to September Sheds on corner lots: Send to PNZ1 for review in October  Speed: Will update at Oct. RTCM.  RTCM.  the annual review.  14. Adjournment Motion carried 5-0. Meeting adjourned at 10:28 p.m.  Vice Mayor Hoover moved to adjourn; Commissioner Runte seconded;  ATTEST:  WyatHoover, Mayor  Clerk  AE