Town ofMelbourne Beach  REGULAR TOWN COMMISSION MEETING  WEDNESDAY, MARCH 17, 2021, 6:00 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 Public Works Director Tom Davis Fire Chief Gavin Brown    1.  Call to Order  Mayor Hoover called the meeting to order at 6:00 p.m.  2. Roll Call  Commissioners Present: Mayor Wyatt Hoover Vice Mayor Joyce D. Barton Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte Staff Present: Town Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk Jennifer Torres Public Works Director Tom Davis Fire ChiefGavin Brown  3.  Pledge of Allegiance and Moment ofSilence  Led by Mayor Hoover Presentations  4.  A. A Representative from the Rotary Club of Melbourne Beach and a Representative from the MBVFD Inc. will each give a short presentation  related to running the beer tent at Founder's Day. Rotary Club ofMelbourne Beach  Alan Ross  Mr. Ross explained that the Rotary Club supports local and international charities. Their main focus is raising money for community-based charities. They are all volunteers and the club has been running the beer tent successfully for years. They are a big supporter of Gemini Elementary School and the money He handed out a letter from Jennifer. Julian, Principal of Gemini Elementary School who wrote in support of the Melbourne Beach Rotary Club continuing their oversight oft the beer tent. He said he also received a letter of support from  raised from the beer tent is important to this goal.  Gemini's PTO President.    Asac club, he said the Rotary is committed to supporting the community. Last year they gave $10,000 to the Melbourne Beach Fire department, the year before He said, when asked, they havealways tried to help. He went on to say that it is his hope the Commission will award them the opportunity to continue their stewardship. He promised to check IDs, abide by the Town's plastic policies, provide liability insurance, and abide by any COVID protocol in place.  they gave $7,000 for Ryckman Park.  Jim Turner MBVFD Inc.  Mr. Turner said the MBVFD is in a unique position to offer an extra layer of safety protocols during the COVID pandemic because public safety is their top priority. In 2020, the MBVFD assisted with several "safe" community events Given the success of these events, the Town Manager asked if they would be interested in handling the beer tent during Founder's Day. Because ofthe pandemic many oft the department's typical fundraising avenues were closed, SO  including the Halloween event and the Christmas Parade.  the additional funds would be welcome to their cause. Back to the Commission for questions: Commissioner Quarrie's questions:  How much money did the Rotary net at the last Founders Day?  Mr. Ross said the Rotary typically brings in between $5,000a and $6,000. Their accountant is not at the meeting. He would have to check. Commissioner Quarrie queried where the $10,000 they gave the Fire The $10,000 we, gave last year was from a different event = a charity  Do you have anything that shows this accounting?  Department came from. concert at Ryckman Park.  Vice Mayor Barton  Did the Town Manager approach the. MBVFD to run the beer tent? Mr. Tuner said yes. To enforce a strong safety protocol. Is there any history in the past oft the MBVFD running the beer tent? - Mr. Turner said yes, before the Rotary they did the beer tent. Mr. Ross of the Rotary said the club has been doing the tent for 30 years.    To. Mr. Tuner - would the beer tent be manned by volunteer firefighters? - Wel have two groups, the association and the fire department. The event would be run by members of the MBVFD but not in the capacity of fire fighters during  the event - instead as members of the association. What happens ifthere is afire during the event?  Mr. Turner said that as a representative of the corporation, he would not Fire Chief Brown responded that they are two organizations and volunteering at the beer tent would in no way effect the volunteers on standby for any kind of  comment on that.  emergency.  Commissioner Runte  Last Founders was. 2019. What was the total net profit and where did it go? - Mr. Ross of the Rotary said they raised $5,000 and most all of the funds went In addition to running the beer tent is there another function you havefor Mr. Ross said they would have someone signing up prospective new members. Their hope is to get peopleinterested in Rotary and increase membership. Mr. Ross said that typically the Rotary handles every aspect including  tot the Gemini Schools program.  Founder's Day other than operating the tent?  Who plans it?  providing liability insurance Commissioner Walters  Commissioner Walters said he has ajundamenta. problem with public safety personnel serving alcohol to the residents. Ifthere is an issue, there could be a  problem, sO he will be voting not to change it.  Mayor Hoover  How many volunteers would each of you be prepared to field and from where? Mr. Ross of the Rotary said between 20-30 people. The source of the volunteers are the club, family, friends and Gemini. He added that they have never had any issues getting volunteers, noting that they ran Southern Squall Mr. Turner of the MBVFD said they typically get between 25-30 people who What COVID safety precautions have you considered implementing this year?  and had no issues.  are active members in the department.    Mr. Ross from the Rotary said they are prepared to wear masks and interested in hearing what the Town's rules are because they will prevail. Mr. Turner of the MBVFD said that masks and gloves are required, gloves come in handy when separating money from beer and through the use of tickets they can keep cross-contamination to a minimum. What precautions are in place to avoid over serving/underage drinking? Mr. Ross of the Rotary said they have a system in place to check IDs and they keep an eye on people who have had too much. They would not serve someone Mr. Turner of the MBVFD said they check IDs, and are nationally accredited inl liquor service certification. He added that he would never want anything  who had too much.  negative to come back on the Town.  Commissioner Runte  To Rotary Spokesman: Iwas under impression there was an issue with Mr. Ross of the Rotary said they did have some issues due to the fact that4-5 volunteers did not come at the last minute but otherwise they ran a good Commissioner Runte said that in his opinion all proceeds should stay in the Town fMelbourne Beach because there are plentyo oforganizations we have here who need help and he does not like the idea oftaking money made in Town outside the community. Therefore he wants to be reassured on paper that would Mr. Ross of the Rotary said they would have no problem with that. Commissioner Quarrie asked Mr. Ross of the Rotary ift they have any kind of agreement with members as far as beer consumption during the event because Mr. Ross of the Rotary said that to the best ofl his knowledge no one ever drinks while serving. They may have had a few people on break have a beer but they can institute a policy of no drinking until they are: finished volunteering. Mr. Ross added that it is the Rotary's intention to donate the money they raise to support Gemini's school's programs and they can donate Commissioner Runte said he thinks it's pertinent that all records are made transparent to the Town and that the Town approves who receives the money raised. He added that the Town staff handle a lot ofthe event and it's important tol have transparency no matter who ends up running the tent. He also took issue  volunteers at the Pineapple Man?  event.  be the case.  she has seen a lot of consumption in the past.  anything left over to the MBVFD.    with the fact that the Rotary could not offer specific figures on money raised or provide any kind of financial records, saying they should have been ready to answer the question of exactly how much money has been raised each year and Commissioner Walters reminded the Commission that the' Town had no say in how the money raised in thej past by the Fire Department was spent and agreed that the decision on how and where to spend any and all money raised in the Mayor Hoover thanked both groups and said the Commission is grateful for Commissioner Walters moved to allow the Rotary Club to have the beer concession for Founders Day on May 1, 2021; Vice Mayor Barton seconded; Motion carried 4-1 with Commissioner Quarrie in dissent. Mayor Hoover said moving forward there are: several stipulations and procedures  exactly where the money goes.  Town, should be decided by the Town. everything they each do for the community.  that must be followed going forward.  Theyinclude:  All proceeds must stay in the' Town of Melbourne Beach All volunteers must obtain nationally accredited liquor service certification No alcohol consumption by volunteers until shift is complete All financial records must be made transparent and readily available upon The' Town approves who receives any funds and how much they receive from funds raised at an event within the Town of Melbourne Beach. All volunteers must follow COVID protocol established by' Town  request to the Town  Commissioner Runte added that the beer tent must be run: flawlessly and all procedures followed precisely this year - or the Rotary will not be asked tol handle the event ever  again.  5. Boards and Committees 6. Public Comments  Frank Thomas 606 Atlantic  Mr. Thomas pointed out that Founders Day should never be referred to as Founder's Day (with an apostrophe). There were several founders, not just one. He also does not likei thei fact that some people pronounce the name of] Ryckman  Park incorrectly.    NeilTompkins 204 Neptune Drive  Mr. Tompkins said that at 432 Riverview Lane there is a storm drain and baffle box that have an issue. He requested an update from the Public Works Director. He also mentioned an article in Florida Today related to the American Rescue Plan Act, noting there is a lot of money going to municipalities and whatever the Town needs to do to pursue this, they should. He would like to see a public discussion on how funds received are used. His choices would be stormwater and  lagoon management. Bob Semones 149 Moonlight. Drive  Mr. Semones lives in the unincorporated area of Melbourne Beach and would like tol be ablei to park at' Town parks for free because no one: is parking there. Mayor Hoover responded by saying that the Town is implementing paid parking so in the near future, the public (non-residents) can use those parking spots as  well, which will be free until 8 a.m. Approval ofthe Agenda  7.  Commissioner Quarrie moved to approve the Agenda; Vice Mayor  Barton seconded; Motion carried 5-0.  8. Consent Agenda  Commissioner Walters said there are 25 pages included in the agenda packet related to the site plan approvals that he doesn't feel are necessary. He feels itjust adds work to Mayor Hoover said that is an issue they could discuss later and adjust if needed. Commissioner Quarrie moved to approve the Consent Agenda; Commissioner Runte seconded; Motion carried 5-0.  the Town Clerk and increases our use of paper unnecessarily.  9. Public Hearings 10. Old Business A.  Request forar reduction of code enforcement lien for 2204 Redwood  Avenue, CE Case CEB15-01  Town Attorney Repperger gave a brief history of the issue. The applicant was present and addressed the Commission.  David Crespie    2204 Redwood  Mr. Crespie stated that when he bought the property it had multiple liens and he has worked with the' Town Attorney to get the property into compliance, noting that he had nothing to do with what happened to the property prior. The Commission asked various questions of the applicant to which he responded that the pool in question had been filled in. He has no connection to the owner and his plan is to sell the property. When asked if he benefited from the lien, he said he didn't. When he purchased it he hoped the lien would be reduced. Commissioner Walters said he did not see any reason to reduce the lien. Commissioner Runte said the property is worth at least $350,000 and he believes the applicant stands to make a large profit, but by reducing the lien, the Town The applicant stated that he has a contract for $310, 000, SO according to the Commissioner's numbers, hei is leaving $40,000 on thei table. He added that he Commissioner Quarrie said the applicant could ask a higher price and added that they are trying to make sure the Town's expenses are covered and she didn'tsee Town Attorney Repperger said he had advised the applicant to attend the Commission meeting to plead his case. The request was very clear. The violation remained for a very long time = even prior to the code case. He added that it's very clear that Mr. Crespie had no involvement in any of the violations on the property and is the one who brought the property into compliance. Vice Mayor Barton said she believes if there was a time for negotiating the lien it would have been prior to this, although she was not entirely opposed to somewhat of a reduction because he is not the one responsible for the violations. The applicant, who identified himself as the General Contractor stated they Commissioner Runte questioned the reduction amount, and said according to the written request, the applicant was requesting a 90-percent reduction and now that amount is being changed to 10-percent. He pointed out that the applicant knowingly purchased this property and knew there was a lien when he did SO. Addressing the applicant, Commissioner Quarrie said he was an astute business man capable of making the money back. However, the Town doesn't have the  would not recoup its expenses.  solicited two attorneys to get the property and pool compliant.  any reason to offer a reduction.  wanted a 10-percent reduction.  same opportunity if they reduce the lien.  Some discussion about the amount of the reduction took place.    Commissioner Walters moved to deny the request for a reduction of the code enforcement lien for 2204 Redwood Avenue, CE Case CEB15: 01 and tol let the current fine stand; Commissioner Quarrie seconded; Town Attorney Repperger said it's important for the Commission to understand this was a life safety issue as well and while they can look at it as a financial issue, it was a safety issue because of the pool and a substantial violation for a long  time.  Motion carried 5-0.  B. Review and consideration of Orange Street Project Bid Town Manager Mascaro presented a breakdown oft the bids and said the Town engineers recommend the Commission consider the lower bid from Brewer She went over the details of the project and said letters and door hangings willl be sent to nearby property owners once the bid is approved and Brewer Paving will Mayor Hoover said the Andrews Project was not done while the current' Town Manager was here but communication with residents wasn't good and he wants Commissioner Walters said he wants to see written communication to residents that provides specific details including contact information and exactly when the work is happening and exactly what work is happening. He said there needs to be Commissioner Runte said that a lot oft that communication is supposed to start with the contractor. They should be knocking on doors and the' Town should be Town Attorney Repperger said he believes that the performance bond can'tb be waived fora a project oft this cost but ift that turns out not tol bei true, they can revisit Commissioner Walters asked where money for thej project isi is coming from and Town Manager Mascaro said it was all part of the budget the Commission  Acceptance Recommendation  Paving.  reach out to residents as well.  to make sure that doesn't happen again with this project.  awritten log.  managing that and collecting their logs.  the issue.  previously discussed and approved.  Commissioner Runte moved to approve the Orange Street project bid acceptance recommendation from Brewer Paving in the amount of $737.952.60 including the removal oft the performance bond unless it is proven that we cannot remove the performance bond and in that case we approve the full amount including the    performance bond; Commissioner Walters seconded; Motion  carried 5-0.  11. New Business  A. Consideration of Resolution 2021-02  Town Manager Mascaro explained that the Commission has discussed the issue ofoutdoor seating to aid local businesses with financial recovery from the pandemic several times and agreed to allow the' Town to create a resolution allowing Town businesses to take advantage oft this temporary use. Town Attorney Repperger said he doesn'ts see any problems with it. Commissioner Runte moved to approve Resolution 2021-02 as presented; Commissioner Quarrie seconded; Motion carried 5-0.  12. Staff Reports  Town Attorney Repperger disclosed that Serene Bluei is applying for a variance with the Board of Adjustment the following night and he has had dealings with them in the past, unrelated to the variance. He went on to say that his firm, White Bird, has not provided any service to Serene Bluel but he does have some of their files from his time at former law firms. However! he said there is no conflict related tot this variance. In disclosing Commissioner Walters asked whether the $5,000 deposit is being collected for variance Town Attorney Repperger said in thei fee resolution the $5,000 deposit applies only to text changes. It was enacted after Sun on the Beach requested to change the definition of bed and breakfast. Al lot oft time and effort was put into the work including drafting an ordinance and at that time the Commission agreed that any citizen can file a text change tot the codel but changed thei fee schedule to allow for a $5,000 deposit to cover the Mayor Hoover added that collecting a $5,000 deposit isn'treasonable in all cases. Town Manager Mascaro added that in the current variance request there is no ordinance draft required and very little work that needs tol be done, so the $5,000 deposit would be Commissioner Runte moved to approve the confictofinterest waiver as presented; Vice Mayor Barton seconded; Motion carried 5-0.  this, he asked the Commission to approve a conflict waiver.  applications.  extensive costs involved.  excessive.  Town Manager Report  Town Manager Mascaro addressed the funding being made available from the Florida League of Cities and she is researching it and will share that information when it's  received.    Commissioner Runte said the funding seems very excessive at $1.3 million and asked the' Town Manager to make sure there are no strings attached before moving ahead with She also said that she and the Public Works Director have been reaching out to the kiosk people about their arrival and are told it will be "soon." Signage is ready to go as soon as Commissioner Quarrie asked what's been happening at the beaches the last few Town Manager Mascaro said nothing more than usual. There is increased traffic a and tickets have been issued - but nothing out of the ordinary at this time of year. Town Manager Mascaro handed out a proposed layout for Founders Day and reminded the Commission that the Town has always been the responsible party to make sure that Founders Day goes off without a hitch, we do all the purchasing and planning. The protocols that we are putting into place is that thel beer tent will not have space for She went on to discuss other COVID precautions for Founders Day, vendor information, Vice Mayor Barton asked ifthe food trucks keep their profit. The Town Manager said they keep their profits from sales, we charge each a registration fee. She also said the The Town Manager added that the Town has not benefited from beer sales in the past. Commissioner Runte said that ift the Rotary doesn't execute the beer tent flawlessly then Town Manager Mascaro said she did feel strongly about the Fire Department handing thel beer tent this year - especially due to safety and COVID concerns. Mayor Hoover said an overall review of all the boards and howi they communicate with Town Staff needs improvement and that hasn't happened under previous administrations and thanks to the current' Town Manager it's finally happening. He said he wants to have specific stipulations for how the beer tent is run. Commissioner Quarrie said there should be a contract with the Rotary that states all money raised goes back into the Melbourne Beach community. We need financial records. We need them all to get certified to serve alcohol and those certificates need to be provided to the Town. In addition, she added, safety issues are SO important. Mayor Hoover said they need to have a deadline for completing the certificates and Changing the subject, Commissioner Walters told the Town Manager he was under the impression the Commission agreed that former police officer Tilesio was not to be paid  anything.  they arrive. weekend.  people to hang out. There will be no tables underit.  and what food will be provided.  Town plans to add misting fans to cool off patrons.  in his opinion this will be their last chance to run it.  letting us know who is volunteering that day, etc.    sick time unless there was a formal release signed stating that he would not sue the Town Manager Mascaro said it was not enforceable and he was entitled to his money. Town Attorney Repperger said there was an initial attempt to get him to sign a waiver. Hel had an attorney. The decision was made to cut the check because it was treated as a Commissioner Walters had a copy oft thel letter sent to Mr. Tilesio with the check. Town Manager Mascaro asked why Commissioner Walters is communicating with Mr. Commissioner Walters said Mr. Tilesio initiated the conversation because he feels Town Attorney Repperger said that it was best tol limit discussion ofTown employment adding that they can go back and look at the minutes to see the actual wording on the Commissioner Walters then asked what happened to the costs that were once listed on Town Manager Mascaro said the Commission decided in August not to disclose the individual's cost on the Building Report and asked fori it tol be removed. Commissioner Walters then said that staff shouldn't be making recommendations to residents or non-residents related to getting ai reduction in fines. Town Attorney Repperger said the only reason a recommendation was given is due to thei fact that the Commission might havel been inclined to grant a reduction in this Commissioner Walters then asked where the protocols for the presentation came from. Town Manager Mascaro said it was provided to offer guidance for new members ofthe Due to a family emergency Commissioner Runte asked to be excused from Commissioner Quarrie noted that one: site plan review didn't have the correct number. To correct this issue in the future, Town Manager Mascaro told the Building Official to use a spreadsheet with formulas calculated and attached to every site review plan.  Town. He asked when that changed.  voluntary resignation.  Tilesio. cheated.  issue.  thel building report.  particular case.  Commission.  the remainder ofthe meeting at 91 p.m.    Public Works Report  PWD Davis met with Eau Gallie, Electric and they will start thej process of installing the light bases next week and the lights could be completelyinstalled by The Ocean Park flagpole was rehabbed below the expected cost and iti is currently The striping is inj progress. Ocean is completed. The two white side lines on Pine are looking good. His striping capabilities now allow him to do 133 stop bars. Special Olympics of Florida called this afternoon and in thej past they used our Bocce ball courts for practice. They would like to doi this again this year at 5:30 p.m. Wednesday nights and Saturdays at noon. This does not conflict with any league play. The Commission did not object to their use of the courts. Town Attorney Repperger said the contract with the HOA will be on next month's  thee end of April. flying.  agenda. Finance Report  Commissioner Quarrie moved to approve the February Finance Report; Vice Mayor Barton seconded; Motion carried 3-1 with Commissioner  Walters in dissent.  13. Town Commission Comments A. General comments B. Action Items List Closed Action Items  Storm water issue on 2nd Avenue - Closed  Town Manager Mascaro said that engineering plans were reviewed. There is a downhill low point- it was engineered this way in keeping with engineering practices. There is nothing wrong with the engineering process. Scott has met with this resident and gone Commissioner Walters initially did not want to close thei item but after some clarification as tot the extent the Town has gone to - including daily observations by Vice Mayor Barton said she drove by the property on a very rainy day when she noticed some other areas were: flooding and didn't observe any flooding on this particular  over this information with her several times.  multiple people with no issues found - he agreed.  property.  Updated Action Items  Everythingp parking - Discuss at April Town Commission Workshop    Mayor Hoover said there was an idea ofincorporating in additional spots from Ocean Park into what is in front of thel business. He would like it tol be on the agenda oft the Commissioner Quarrie said she feels that the Planning & Zoning Board should look at thei issue and offer theiri insight before the Commission went any further. Mayor Hoover said he agrees that Planning & Zoning should be involved but the Commission needs to have a little more discussion in order to refine specifically what they are looking for. Instead of giving them an ambiguous task we can narrow down Commissioner Quarrie said there are sO many: parts of the code and Planning & Zoning can offeri insight. Perhaps our first step is toj present them with the Resolution wej just Mayor Hoover asked ife everyone was ok with talking about it at the next workshop.  next workshop.  what we are asking of them.  passed and get them to brainstorm a little  For a due date - this will be moved tot the. April Workshop. Expand Outdoor seating - Update at June RTCM  Town Manager Mascaro said she spoke tot the owner ofs shops on Ocean Avenue who was in favor of thel beautification suggested and open tol help with funding and grants. However, outdoor seating is still a no-go with her tenants. She will wait and see ifany Vice Mayor Barton shared information about a grant she learned about - called the FDOT. JPA. She said they must act quickly because the deadline to apply is. June 30, and ifthey can get an application in by. June 30, there is a good chancei the' Town could receive this grant which is for $700,000. This money is only forl landscaping and landscaping materials, not buildings. The grant requires Town to maintain the Vice Mayor Barton said we would have to create the design and they would implement it. Some design costs are reimbursed. The' Town would need to submit a design in order Town Manager Mascaro said ift the Commission is interested in pursuing this grant they might consider approving the estimated costs for an architectural designer to create a Mayor. Hoover. suggested they add FDOTJPA Agreement Grant to the current. Action Item related to Beautification ofOcean Avenue and update the item again at the April Commissioner Quarrie moved to approve $5,000 to begin thel landscape design process with an architectural designer; Vice Mayor Barton  business owners elect to participate.  landscaping once installed.  to be considered.  design.  RTCM.  seconded; Motion carried 5-0.    Bike Trail Options - Update at April RTCM  PWD Davis said he needs to do further research on what he can do, He would like to give another update during the. April RTCM. The paint is available and he can do it with Mayor Hoover said the important thing is contrast in visibility. It does not have to be done in green paint. PWD Davis said he may have to get a custom stencil. Address Faded Crosswalks = Update at April RTCM  our own machine.  PWD Davis said the process to refresh the crosswalks has begun. Areas on Riverside and Ocean have been completed as well as several parking spaces. He said he feels confident the process will get better and better and residents will notice a significant change in the Commissioner Quarrie suggested tagging some of the COVID money for new PWD Davis offered a quick update on the stanchions saying he was able to contact someone who confirmed the Town is on the list but there is currently no projected date. Commissioner Quarrie moved to adjourn; Vice Mayor Barton seconded;  next few weeks.  Commission microphones and audio/visual equipment.  Motion carried 4-0. The meeting adjourned at 9:11 p.m.  ylt Hooner Wyatt Hoover, Mayor  ATTEST:  Jennifer'  s  Torres, Town Clerk