Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING WEDNESDAY, JANUARY 20, 2021, 6:30 p.m. COMMUNITY CENTER, 509 OCEAN AVENUE  MINUTES  Commission Members: Mayor Wyatt Hoover Vice Mayor Joyce D. Barton Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte StaffMembers:  Town Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk. Jennifer Torres    1.  Call to Order  Mayor Hoover called the meeting to order at 6:30 p.m.  2. Roll Call  Commissioners Present: Mayor Wyatt Hoover Vice Mayor Joyce D. Barton Commissioner Steve. Walters Commissioner Sherrie Quarrie Town Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk Jennifer Torres  Commissioners Absent: Commissioner Corey Runte  Staff Present:  3. PledgeofAllegiance and Moment ofs Silence  Led by Mayor Hoover Presentations  4.  5. Boards and Committees 6. Public Comments  Kate Wilborn 502 2nd Avenue  Ms. Wilborn said she wanted to make the Town aware of the rezoning application for 500 1st Avenue. She does not agree with allowing a rezoning because she is concerned with adding more cement to the ground resulting in additional The Town Clerk explained to the Commission that there is a current application on file for 501 1st Avenue scheduled to go before the Planning & Zoning Board on Mayor Hoover explained to Ms. Wilborn that there are several steps before approval is given. The first hearing will be at the Feb 2 Planning & Zoning Board Meeting, which she is welcome to attend. After that it will come before the Town  displaced water.  February 2, 2021.  Commission for consideration.    Joe Watts 900 Atlantic Street  Mr. Watts is a member of the Melbourne Beach Rotary Club. He would like the Commission to consider allowing the club tol have an official sign posted in Town recognizing the Rotary Club of Melbourne Beach. Mr. Watts said he wants to remind visitors and residents there is a Rotary Club in' Town because they need to build their membership up and he would like some support from the Town. Mayor Hoover suggested they could discuss thei issue further at a future  workshop.  Spencer Howerton 401 Ocean. Ave, Suite 200A  Mr. Horton is ai member oft the Melbourne Beach Rotary Club. Hei reiterated the club's desire to gain new members and wanted the Commission to know that if they would allow the club tol have an official sign, the club would fund the purchase and installation ofit. They would only need assistance with the  permitting process.  He went on to say the club had an amazing turnout for the Pineapple Man event even though they lost participation ofbetween 100-150 people because of COVID. He said it was still a great event and wanted the Commission tol know the racecourse is now certified. Next year there will be no organization manager. He  thanked the' Town for participation.  Julie Singer Orange Street  Ms. Singer would like to start a playgroup and use the Community Center for gatherings. She suggested they pay a teacher $30 per session and have approximately ten kids for $6 per child. She felti it would be a good community activity to offer with possible events to include science, musical theater etc. Commissioner Quarrie explained that the Town Code of Ordinances does not allow people to rent the Community Center and make a profit. She also advised that the Community Center is not currently rented out due to COVID Ms. Singer said she felt this would be a non-profit venture and wanted to find out the administrative part SO after the pandemic she could get the group started. Mayor Hoover said he felt the best way forward is for Ms. Singer to reach out to the Environmental Advisory Board (EAB) to see ift the activity could be hosted by the board as a five-event series. Ms. Singer agreed to reach out to the EAB.    7. Approval ofthe Agenda  Commissioner Quarrie moved to approve the Agenda as presented; Vice  Mayor Barton seconded; Motion carried 4-0.  8. Consent Agenda  A. Approval of Dec. 2, 2020 TCW Minutes - Town Clerk Torres B. Approval of Dec. 16 2020 RTCM Minutes = Town Clerk Torres  Commissioner Quarrie moved to approve the Consent Agenda as presented;  Vice Mayor Barton seconded; Motion carried 4-0.  9. Public Hearings 10. Old Business  A. Consideration of Executed. Agreement for approva/appointment for Stewart Capps to serve as the Town's Code Enforcement Special Town Attorney Repperger explained that this agreement is to appoint Stewart Capps as Special Magistrate and replace the Code Enforcement Commissioner Walters asked what Mr. Capp'squalifications are. The Town Attorney said he has a tremendous amount of experience that includes 25. years as Special Magistrate for Brevard County and as the attorney for Town Code Enforcement Board. The terms oft the agreement Commissioner Walters referred to page 24 oft the agreement and asked if The' Town Attorney said there was no language related to that but he would additifthe Commission desired. Commissioner Walters said that was not necessary but was something they could keep an eyeon. Commissioner Quarrie moved to approve Stewart Capps as the Code Enforcement Magistrate and the agreement/contract: as  Magistrate - Town Attorney Repperger  Board.  include an hourly rate of $125. there is any limit on the prep work.  presented; Vice Mayor Barton seconded;  Paul McLaughlin 412 2nd Avenue    Mr. McLaughlin asked for clarification on the Code Enforcement Mayor Hoover said he would act in lieu of board, making the meetings more efficient and less costly in the end. They will be quicker and there  Magistrate.  will be less legal fees.  Alison Dennington 413 SurfRoad  Ms. Dennington questioned the cost and Mayor Hoover explained that he previously served as the Board Attorney - sO he was paid. Now instead of spending time giving advice to the Board, he will be making the decisions. He went on to say the Commission has now streamlined the process by changing it from Code Enforcement Board to a Code Enforcement  Magistrate.  Kate Wilborn 502 2nd Avenue  Ms. Wilborn asked ifthis change would have any effect on the notice she received for 501 1st Avenue - and Mayor Hoover said it would not.  Motion carried 4-0.  11. New Business  A. Appoint a Voting Delegate/Director and an Alternate - to serve on the 2021 Space Coast League of Cities - Town Clerk Torres Mayor Hoover explained to the other members of the Commission how the Space Coast League of Cities functions and the type of time commitment it involves.  Commissioner Walters moved to nominate Vice Mayor Barton as the Town's Voting Delegate for the Space Coast League of Cities and Mayor Hoover as the alternate: Commissioner B. Advise the Town how to proceed with handling collection of the BTR/Zoning review fee for Vacation Rental applicants = Town Clerk Town Clerk Torres explained that the Town needed clarification as to whether the $500 application fee paid as part oft the Vacation Rental Application includes the fees for a Business Tax Receipt and the Town Planner inspection - or ift these fees should be charged separately.  Quarrie seconded; Motion carried4-0.  Torres    Commissioner Walters said he feels the $500application fee should Vice Mayor Barton moved toi include the fees for the Business Tax Receipt (BTR), the BTR application feea and the Town Planner fee in the $500 Vacation Rental Application fee;  include ita all. Vice Mayor Barton agreed.  Commissioner Walters seconded;  Kimberly Collins 4124t_Avenue  Ms. Collins said she wanted to thank the Commission. She agreed with the  decision and said it really simplified thej process.  Motion carried 4-0.  Commissioner Walters asked for an update on stanchions. Public Works Director  Davis said they have not heard anythingyet.  12. Staff Reports  A. Town Attorney Report B. Town Manager Report  Town Manager Mascaro said she wanted to get an update on Founder's Day. Mayor Hoover said he is not in favor of] hosting anything this quarter and thought it best  to wait and see how vaccine rollout goes. Commissioner Walters agreed.  Vice Mayor Barton asked about rescheduling and the Town Manager said that was a Town Manager Mascaro told the Commission the Fire Department has several charitable causes they donate money to and perhaps the Town might consider keeping more: money raised in the Town, focused on charitable ideas oft their choosing instead of only what the Rotaryi is doing. She went on to say there were issues with the Pineapple Man Triathlon event - including safety concerns and disorganization. She suggested that until the Melbourne Beach Rotary can stabilize their organization -1 the Fire Department could help fulfill the responsibilities and bring them back in-house. Dave Micka, former Town Fire Chief, and current Fire Department Safety Officer, said that back in the 90's they collaborated with the Rotary by splitting the duties and the money and then the Rotary decided they did not need the Fire Department anymore. Commissioner Quarrie asked ift the Rotary owned their own equipment - and Mr. Micka  possibility.  said no, they rent.    Commissioner Quarrie asked him to research costs on insurance.  Fire Chief Gavin Brown said the department is not trying to encroach buti if there isa Mayor Hoover asked if there was a limit on beer events and Chief Brown said yes, they Mayor Hoover said his only concern related to the Fire Department taking over events is that the Rotary Club does fund important things at Gemini and ift they cannot continue Commissioner Quarrie suggested the Town make a list of what to look out for - and Town Manager Mascaro then turned the conversation to COVID cleaning at' Town Hall. She explained that the staff has been together through the entire COVID pandemic, working every day in the office. Employees havel been taking all precautions including taking temperatures, wearing face coverings, washing hands frequently, using hand sanitizer, etc. With more aggressive strains oft the virus on the horizon the Town Manager requested the office be allowed to close at 41 p.m. each day for COVID cleaning; ar routine that would include a thorough cleaning of all surfaces, offices, meeting rooms, hallways, bathrooms, doorknobs, the copier, wall fixtures and thel lobby. The Town Manager said she wanted to keep the staff safe: - and keep all residents and The members of the Town Commission asked a variety of questions including whether we have a cleaning service. In response the' Town Manager said we do, but their duties The Commission raised concerns about not being available for the public during the Town Clerk Torres told the Commission that while other municipalities closed, reduced hours or worked. from home, the' Town has been open for business throughout and all staffhasl been on the job with the office staffed from 8 a.m. to 5 p.m. Monday through After some discussion, the Commission felt the office should remain available to serve residents and the public. Mayor Hoover said staff could still clean and post a sign announcing the office is COVID cleaning - but directed the staff to continue to answer  need, they are prepared to get involved. are limited tot three per year for non-profits.  because we stop using them - iti is a concern.  what to do - ini the event the Rotary cannot do an event.  customers who enter thel building - as safe as possible.  are very limited and do not include offices or detailed work.  time between 4-5 p.m.  Friday.  phone calls and serve customers as well.  Julie Sandwell 304 Orange Street    Ms. Sandwell suggested the' Town ask the cleaning service they employ toj perform this  daily task for an additional fee.  . Town Clerk Report D. Departmental Reports 1. Building Department 2. Public Works Department  Mayor Hoover asked Public Works Director Davis what kind of] paint he was using. He Public Works Director Davis shared that he met a contractor in Ocean Park and the main issue is the pavement is in poor condition. He felt that as far as numbering for Mayor Hoover then asked about bike stencils for the roadways. Public Works Director Davis said he did not have any photos to offer and has not received any feedback yet. Mayor Hoover shared the fact that resident Jennifer Ottomenelli sent in a grant Vice Mayor Barton then asked why we don't fly a flag at the end of Ocean.  replied that it was water-based, commercial paint.  kiosk parking - posts with numbers on them may be the answer.  opportunity that may meet thel bike issue.  Public Works Director Davis explained that the flagpole was top quality when it was first purchased years ago but now it has reached its life expectancy and has severe erosion. Hist team has worked on it extensively to attempt repairs. Iti is currently inoperable and tor replace it the cost would be $2,000. Some discussion about removing it from that specific site in order to avoid erosion caused by the water, took place. Mayor Hoover Town Manager Mascaro said there were two walk-on items added to the agenda. The first is related tot the lighting replacement needed in Ryckman Park.  said thei issue should be discussed further at another time.  Public Works Director Davis said he received three proposals, two of which did not meet One: met all the requirements and he recommends that the Commission approve it. Thej proposal comes in at a cost of $31,903 for thej park to be equipped with new posted poles and LED (directional down) lighting with a wind rating oft up to 180 mph sustained. This would cover all thirteen lights in Ryckman Park. He noted the cost of another quote was $53,000 and that did not meet all the requirements. Commissioner Quarrie asked about FPLS decorative lighting program.  the requirements.    Public Works Director Davis said that when you do the math on FPL rentals with ai 15 year lifespan, the cost becomes burdensome and added that FPL is for-profit and they make al lot of money off these lights, so in the end, the Town would end up spending  more.  Commissioner Quarrie asked about the budget for street lights.  Town Manager Mascaro said that money is not budgeted because they didn'tanticipate having to replace lights this year which is why they now need to discuss where that Some options she mentioned included; the $50,000 allotted for Town Hall to get new software - and while this is very necessary 1 it could be pushed out another year. Commissioner Quarrie asked if there was any money left over from the playground The Town Manager said no, that money was spent. She said we do have money for the The Commission discussed other options including putting off the Orange Street project Some temporary suggestions for the park lighting were discussed including; closing the The Town Manager addressed the second walk-on item = which was possible mold She explained that the air conditioning company came out and found what looked like The consensus of the Commission was that if mold is present at Town Hall - that issue Town Manager Mascaro said she would have experts come out to clarify if there is a Mayor Hoover asked if she needed Commission approval to move forward ori ifit would Town Manager Mascaro said it would be good to allocate funds out oft the budget now. The cost for the mold remediation ofa 17,000 square foot space could be estimated at Public Works Director Davis asked the Commission if they would like him to get the costs/quotes and then have them approved at an emergency meeting.  money will come from.  equipment.  roof at Town Hall in long-term capital., or doing halft this year and half next.  park at night, and motion, solar, or flood lights.  found at Town Hall.  mold in the ductwork oft the air handler.  takes precedence over park lights - and it could be costly.  mold issue and determine costs.  be better to schedule a special meeting once an estimate came in.  $30,000.    Mayor Hoover asked ift the Commission members could attend a special/emergency The Commission advised the' Town Manager toi temporarily close Ryckman Park from  meeting on Friday at 9:30 a.m. All members agreed. sunset to sunrise until thel lighting issue can be resolved.  3. Code Enforcement 4. Police Department 5. Fire Department  Fire Chief Brown announced that five new members of the department received Fire1 Certification and several members also took part in a Wildland Fire Certification Class.  6. Finance Department  Commissioner Quarrie moved to approve the December Finance Report as presented; Vice Mayor Barton seconded; Motion carried 3-1with  Commissioner Walters in dissent. 13. Town Commission Comments A. General Comments  Commissioner Walters asked for an update on former Officer Tilesio and his notice of intent to sue the' Town. Town. Attorney Repperger said ifhe does move: forward with that he would send it tot thel league. Commissioner Walters asked the' Town Attorney to  follow thei issue as the Town Charter requires. B. Review of Commission Action List  Updated:  Audio/Microphones: Push to February 17 RTCM  Crossover. Assessment: The crossovers have been cleaned out and thej job will be complete by the end oft the week. Work must stop at the end of February and can bej picked up again in the fall. Update again at July 21 RTCM. Contract with the Avenue MB HOA: Push to February 17 RTCM Charging Station: Due toi finances thisi item will be updated again at. April 21  RTCM.  The Town Manager gave a brief update on the Orange Street drainage improvement and resurfacing project. She said that 309 has a contract on it and thej prospective buyer is Commissioner Walters said he wanted to bring up the fact that the staff] has 11 paid holidays. He referred to an email he received from the Town Clerk. Ini it he said it was stated that Martin Luther King Jr Day was a legal holiday for stafft to take off and he  an architect who says he wants to make thej property beautiful.    believes it isn't. Instead, he said, it is the only federal holiday that is designated as a  community service day.  For reference the email sent toi the Commission read:  Martin Luther King Jr. Day is a Federal and State holiday observed on. Monday Jan. 18th however it is not observed as one ofthe Town's holidays and Ive had aj few people State, Federal and County government offices are closed in observance. The City of Indian Harbour. Beach and Rockledge are also closed. From what I can glean, asa public employer, the Town ofMelbourne. Beach is required to observe certain state holidays (including MLK Day) and must grant employees paid leave.. Iwanted to bring this to your attention for possible consideration of recognizing Martin. Luther King Jr. Day, January 18th, as a Town holiday = or provide staffwith the reason we Commissioner Walters said that when he learned the staff] had taken the day off, he asked the' Town Manager who approved it and didn't receive a response - adding that it's expensive to give a day off and he wanted tol bring it up soi it doesn't happen again. He proceeded to read all the days offe employees receive and said it was his belief1 that staff picked their birthday as a day off over Martin Luther King Jr. Day. The Town Clerk asked Commissioner Walters when that took place because she could find no record of any discussions previously conducted on the subject of Martin Luther  (outside the office) askz why.  don't - so we can share it with the people who inquire.  King Jr. Day.  Commissioner Walters said he would try tol locate that information.  Mayor Hoover said he gave permission for the day off and responded directly to the Town Manager with this because he thought it was appropriate and he: supported it. He also said he liked the concept of a service day. He suggested they review the holiday Commissioner Quarrie moved toadjourn: Vice Mayor Barton seconded;  schedule during the February 3, 2021 Workshop.  Motion carried 4-0.  The meeting adjourned at 8:59 p.m.    ATTEST:  Honn Mayor  Wyatt Hoover,  Aoo Jennifer Torres, Town Clerk