Town ofMelbourne Beach  REGULAR TOWN COMMISSION MEETING  MONDAY, OCTOBER 21, 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 Staff Members: Town Manager Elizabeth Mascaro Town Clerk. Jennifer Torres Town Attorney Cliff Repperger 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 Led by Mayor Simmons Presentations  Staff Present:  Town Manager Elizabeth Mascaro Town Clerk Jennifer Torres Finance Manager Jennifer Kerr Town Attorney Cliff Repperger  3. Pledge of Allegiance and Moment ofSilence  4.  5. Boards and Committees  A. Review ofVolunteer application to fill Board vacancy Vice Mayor Hoover moved to recommend appointing Karen Fenaughty: as an alternate member oft the EnvironmentalAdrison, Board; Commissioner Quarrie seconded; Motion carried 5-0.  6. Public Comments  Thomas Flavin 406 Ocean Ave. Approval ofthe. Agenda  7.  Commissioner Quarrie moved to approve the agenda; Commissioner Runte seconded; Motion carried 5-0.  8. Consent Agenda  A. Site Plan Review for 316 Avenue A Melbourne Beach  B. C.  Reappointment of Bruce Morgan to the History Center Board for a term of Reappointment of. Joseph Tracy to the History Preservation & Awareness  two (2); years  Board for a term of 2 years    Commissioner Runte moved to approve the Consent Agenda; Commissioner Quarrie seconded; Motion carried 5-0.  9. Public Hearings  A. Second Reading of Ordinance 2020-03, related to Boats and Recreational Vehicles, amending Section 7A-67, Appendix A, Town Code of Melbourne  Beach, Florida (Land Development Code) Town Attorney Repperger read Ordinance No. 2020-03  AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARDCOUNTY,FLORIDA, AMENDINGTHE LAND DEVELOPMENT CODE OF THE TOWN OF MELBOURNE BEACH REGARDING TRAILERS, BOATS AND RECREATIONAL VEHICLES; AMENDING SECTION 7A-67; AMENDING THE MAXIMUM LENGTH OF TRAILERS, BOATS, AND RECREATIONAL VEHICLES STORED ON ANY LOT WITHIN THE TOWN TO FORTY- FIVE (45) FEET; PROVIDING THAT TRAILERS, BOATS, AND RECREATIONAL VEHICLES MAY BE CONNECTED CONDITIONS FOR STORAGE OF TRAILERS, BOATS, AND RECREATIONAL VEHICLES ON CORNER LOTSTO RECREATIONAL VEHICLES TO BE SUBSTANTIALLY SCREENED BUT NOT COMPLETELY SHIELDED FROM VIEW; PROVIDING THAT EXTERNAL SIDE-ROOM EXTENSIONS ON RECREATIONAL VEHICLES CAN ONLY BE EXTENDED FOR LOADING AND UNLOADING; AMENDING THE ALLOWABLE PERIOD OF ACTIVE LOADING, ANDI NLOADINCOFTRATER) BOATS, AND RECREATIONAL VEHICLES TO FORTY-EIGHT (48) HOURS IN ANY SEVEN (7) DAY PERIOD; PROVIDING A PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE.  TO MAINTENANCE REQUIRE  ELECTRICAL  POWER PURPOSES;  SOURCES AMENDING THE BOATS,  FOR  SAID  TRAILERS,  AND  SERVERABILITY/INTERPRPRETATION  CLAUSE;  Mayor Simmons explained the second reading was tabled and sent toi the October Town Commission Workshop fora aj joint meeting where additional public comment was taken. Two edits were made, one that requires that side extensions must be collapsed between  thel hours of 11 a.m. to 7 p.m. and another clarifying length.    Public Comments Doug Hilmes 443 Riverview Lane  Mr. Hilmes said hei is fine with allowing boats to have a longer length allowance but not the RVs. He thanked Vice Mayor Hoover for his recommendations at the last meeting and would have supported them ifthey were added. Unfortunately, he said, those ideas  were discarded.  Chris Schultz 409 Hibiscus Trail  Mr. Schultz said he was disappointed because he felt the' Town didn'tsupport his code enforcement complaint. His wife received a citation for going over the time allowed for  loading and unloading and he felt she was treated unfairly.  Mike Ottomanelli 570_Avenue. A  Mr. Ottomanelli also liked Vice Mayor Hoover's: suggestions but didn'tthink they went Commissioner Quarrie asked for clarification from the Town Attorney on a few issues Commissioner Quarrie moved to approve Ordinance 2020-03 as revised; Commissioner Runte seconded; Motion carried 4-0 with Commissioner  far enough. He disagrees with the Ordinance.  within the Ordinance.  Walters in dissent.  B. Second Reading of Ordinance 2020-05, amending various sections ofthe Town Code of Melbourne Beach to establish a Special Magistrate to handle  Code Enforcement for the' Town of Melbourne Beach.  Town Attorney Repperger read Ordinance 2020-05:  AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CODE OF MELBOURNE BEACH TO ESTABLISH A SPECIAL MAGISTRATE TO HANDLE CODE ENFORCEMENT CASES IN THE TOWN OF MELBOURNE BEACH; SPECIFICALLY AMENDING SECTION11-15, AUTHORITYTO ESTABLISH; PURPOSE; AMENDING SECTION 11-16 DEFINITIONS; AMENDING AND RENAMING SECTION 11-17, ORGANIZATION: AMENDING SECTION 11-18, POWERS; AMENDING AND    RENAMING PROCEDURES;  SECTION HEARINGS;  11-19,  ENFORCEMENT AMENDING  AND  RENAMING SECTION 11-20, FAILURE TO COMPLY WITH ORDER OF BOARD; AMENDING AND RENAMING SECTION 11-21, APPEALS; AMENDING AND RENAMING SECTION 11-22, NOTICE REQUIREMENIS; AMENDING THE FOLLOWING CODE OF MELBOURNE BEACH SECTIONS TO CHANGE REFERENCES FROM "CODE ENFORCEMENT BOARD" TO "SPECIAL MAGISTRATE." SECTION 1-26, MINUTES; SECTION 27-34, VIOLATIONS; ENFORCEMENT BY CODE ENFORCEMENT BOARD; PENALTIES FOR VIOLATION; SECTION 49-3, DISCHARGE OF CERTAIN WATERINTO. PUBLIC SEWER SYSTEM AND STREETS PROHIBITIED; ENFORCEMENT; SECTION 49-54, PENALTIES; SECTION 49-55, REGISTRATION OF REAL PROPERTY MORTGAGEES HOLDING MORTGAGES IN DEFAULT; SECTION 49-56, MAINTENANCE REQUIREMENTS; SECTION 49-57, SECURITY REQUIREMENIS; AND SECTION 65-6, DUE DATE FOR ANNUAL BUSINESS TAX; DELINQUENT PAYMENTS; PENALTY FOR FAILURE TO PAY ANNUAL PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR. AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE. Mayor Simmons summarized what the Ordinance entails. Commissioner Runte moved to approve Ordinance 2020-05as amended; Vice Mayor Hoover seconded; Motion carried 5-0. C. Second Reading of Ordinance 2020-06, amending Section 11-54, Town Code of Ordinances, related tol Police Officers Retirement System  ENFORCEMENT;  PENALTIES; SECTION 46-20,  BUSINESS  TAX;  PROVIDING  A CLAUSE;  SERVERABILITY/INTERPRPRETATION  Town Attorney Repperger read Ordinance 2020-06:  AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TOTHE POLICE OFFICERS' RETIREMENT SYSTEM; AMENDING SECTION 11-54, TOWN CODE, RETIREMENT; AMENDING SECTION 11-54 (k)(2), TOWN CODE, REQUIRED DISTRIBUTIONS, TO AMEND THE REQUIRED MINIMUM DISTRIBUTION AGE; AMENDING SECTION 11-54 (I)(4), TOWN CODE, MISCELLANEOUS PROVISIONS, TO. ADD Al NEW SUBSECTION ENTITLED QUALIFICATION OF SYSTEM; PROVIDING FOR    SEVERABILITY AND INTERPRETATION: AND PROVIDING AN  EFFECTIVE DATE.  Vice Mayor Hoover moved to approve the second readingofOrdinance 2020-06; Commissioner Quarries seconded; Motion carried 5-0  10. Old Business  A. Review of Sollensys Corp. Block Chain security program - Town Manager  Mascaro  Town Manager Mascaro researched and presented her review. Vice Mayor Hoover said that after receiving this information, he is of the opinion they should  not go forward with the company.  11. New Business  A. Discussion and possible action related to Beach Access Parking following Brevard County Natural Resources Management Department briefing on the potential impacts to future beach re-nourishment funding - Mayor Simmons  Public Comment Pete Peterson 305 6th Avenue  Mr. Peterson asked about the kiosk's ease of use.  Mayor Simmons reviewed information shared by Brevard County related to resident- At the Sept 2, 2020 Workshop, Mike McGarry of Brevard County Natural Resources Management Department briefed the Commission on potential impacts to future beach re-nourishment funding if the Town restricted street-end access/crossover parking to residents only. He explained that Federal and State funding, which comprises 34 of Brevard County's re-nourishment funds, were predicated upon beach owners providing public access, including dedicated parking, to municipal beaches. Per the funding formula, all street-end access parking spaces, combined with Ocean Park parking spaces, are required to meet the minimum number of spaces necessary for Melbourne Beach. (Per Mr. McGarry, this does not affect the resident-only restrictions for on-street parking since these spots have never been included in the parking spot calculations.) He further explained that the Town would likely be liable to repay the past 10 years of  only parking:  funding if these restrictions were left in place.    Mayor Simmons presented a few recommendations that included the installation ofa paid parking kiosk (similar to those planned for Ocean and Ryckman Parks) dedicated Commissioner Runte moved to approve Town Commission agenda item A, number three and purchase an additional new kiosk dedicated to end-of- street parking; Vice Mayor Hoover seconded; Motion carried 5-0.  toe end-of-street parking accesses.  B. Consideration of ending Emergency Order 2020-10 and 2020-11 and extending face covering regulations within Town by approving Emergency Order 2020-12 Some discussion took place over changing the orders into Resolutions but the Vice Mayor Hoover moved to approve draft Emergency Order 2020- 12; Commissioner Runte seconded; Motion carried 5-0. Vice Mayor Hoover moved to approve draft Emergency Order 2020- 13: Commissioner Runte seconded; Motion carried 5-0. C. Discussion and possible action related to The Avenue of Melbourne Beach Homeowners Association request for approval (or variance) for thei trees to remain on the right-of-way, as planted - Commissioner Runte Commissioner Runte provided a hand out toi the Commission which was an email from a resident related toi the issue. Town Manager Mascaro said the issue is the weight oft the plants on pipes and repair can be very costly - citing an $800,000  and 2020-13- Mayor Simmons  Town Attorney recommended against that.  repair in the past. Public Comment  Kevin Scanlon 408 Ocean Ave.  Mr. Scanlon said the HOA would be willing to take on some liability ift there was damage related to the trees and said the HOA would agree to maintain the palms.  Town Manager Mascaro said the' Town recently had to pay $800,000 for drainage repairs caused by Coconut Palms planted overhead. Mayor Simmons agreed and said  these are the rules and he is not in favor of making an exception.  Thomas Flavin, HOA president 406 Ocean Ave    Mr. Flavin thanked Commissioner Runte for his support. He reminded the Commission that this street is notj just residential it is the' Town's main street and what people see what they first enter' Town. Everyone agrees they look great and it would create a good Further discussion ensued among the Commission and' Town Attorney Repperger. Commissioner Runte said almost all Main Streets and downtowns everywhere have  impression for visitors.  plantings in the right ofv ways - and they look great.  Pete Peterson 506 6th Ave  Mr. Peterson said hel has seen this issue get litigious in other communities and Vice Mayor Hoover asked thel HOA President (Tom Flavin) ifl he would take Mr. Flavin said he has no doubt the HOA would agree to pay forl legal fees. Commissioner Runte moved to approve' The Avenue ofMelbourne Beach Homeowners Association request for approval for the Coconut trees to remain in the right-of-way, as planted pending an agreeable contract between The Town of Melbourne Beach and the HOA regarding maintenance, including costs, schedules, potential relocation costs to remove trees at their expense in the event of some interference with' Town facilities, compensation for potential utility damages, and all legal fees required to draft the agreement; Vice Mayor Hoover seconded; Motion carried 3-2 with Mayor Simmons and Commissioner Quarrie in dissent. D. Consideration and possible action ofs submitted art work for Pier Kiosk = Town  cautioned the Commission to review it carefully.  responsibility by HOA agreement.  Manager Mascaro  Town Manager Mascaro presented several selections of art work for consideration. The Commission consensus was to go forward with the Pelican but substitute out the Hibiscus flower. Commission Quarrie suggested the pelican is painted with more: natural colors and with a native flower and native vegetation - Town Manager Mascaro submitted an invoice for the mural costs. The artist agreed to donate. her time and service at no charge and is only asking for payment oft the acrylic paints and other necessary supplies at at total cost of $198.  everyone on the Commission concurred    Commissioner Walters moved to approve mural with the changes indicated and approve payment ofthe invoice in the amount of $198 to the artist;  Commissioner Runte seconded; Motion carried 5-0.  E. Consideration of approving proposed Resolution 2020-12 related to transferring funds from short-term capital to long term capital - Finance Manager Kerr  Finance Manager Jennifer Kerr read Resolution 2020-12:  Al RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR 2019-2020; AMENDING RESOLUTION NO 2020-05 AMENDING EXPENDITURES FORTHETOWNS GENERAL FUND; ESTABLISHING AUTHORITY FOR THE TOWN MANAGER TO IMPLEMENT THE  BUDGET; AND PROVIDING FOR. ADOPTION.  Commissioner Quarrie moved to approve Resolution 2020-12; Vice Mayor F. Consideration of approving proposed Resolution 2020-13 related to carrying forward revenue fund balances for utilization from FY2020 tol FY 2021-  Hoover seconded; Motion carried 5-0.  Finance Manager Kerr  Finance Manager Kerr read Ordinance 2020-13:  AF RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR 2020-2021; AMENDING RESOLUTION NO 2020-10 RELATED TO THE USE OF ALL BALANCE CARRY FORWARDS FOR ALL FUNDS INCLUDINGTHEGENERALFUND; ESTABLISHING AUTHORITYFOR THE TOWN MANAGER TO IMPLEMENT THE BUDGET; AND  PROVIDING FOR ADOPTION.  Commissioner Quarrie moved to approve Resolution 2020-13: Vice Mayor  Hoover seconded; Motion carried 5-0.  12. Staff Reports  A. Town Attorney - None B. Town Manager:  The parking fee in Indialantic is $2.50 per hour ifthe Town wants to match this. Commissioner Walters would like the fee to be $2.00. Town Manager    Mascaro advised the fee can be changed to meet the season, time of day, etc. The issue will be discussed further and decided at the November RTCM. Commissioner Walters wanted to clarify whether there would be a Town After some discussion, the November Workshop was cancelled.  Commission Workshop in November.  C. Town Clerk:  Town Clerk Torres shared that she is planning to create and distribute a special Election Issue ofthe Beachcomber = that also includes Votingand  Election information. D. Departmental Reports 1. Building - None 2. Public works:  Public Works Supervisor Davis took a moment to say he believes the Mayor has brought back civility tot the Town meetings = as well as a commitment to  implementing procedures to retain staff. 3. Code Enforcement - None 4. Police Department passed along. 5. Fire Department  Mayor Simmons asked that his congratulations to. Amber Garrity be  Commissioner Walters asked Chief Brown about $1,000 that was spent on two uniforms. Chief Brown said that Officer's coats are $400 each. General members getau uniform after two years that are $250 that are: reissued if unstained. Commissioner Runte asked about a search in September from the Pier. Chief Town Manager Mascaro noted that with the start of the new fiscal year, Chief Brown is officially the first paid Fire Chief for the Town of Melbourne Beach  Brown confirmed the missing kayaker was found.  6. Finance Department  Vice Mayor Hoover asked if next month the Town Manager and Finance Manager would be presenting suggestions for preventing another shortfall - they agreed.    Vice Mayor Hoover moved to approve the September Finance Report; Commissioner Quarrie seconded; Motion carried 4-1 with  Commissioner Walters in dissent.  13. Town Commission Comments A. General Comments  There was some discussion on the bike trail. Handouts were provided and the Public Works Supervisor recommended not going forward with road markings - saying he would prefer signs on posts rather than on streets. Mayor Simmons suggested Riverside, Ocean, Oak and Atlantic  Vice Mayor Hoover suggested they focus on Shannon, Palm, Pine, and Orange - and added that they need to talk about it further. He suggested adding it to the. Action Items SO they can discuss options like stencils, signs, or something Simmons suggested the Commission Workshop it. He also mentioned a Fire Truck he saw in the dark morning but it was flashing red lights and as he passed it - he realized it was a school bus. He said that the U.S. Congress has suggested Florida go to daylight savings time year-round - making it dark year-round. He suggested a Resolution to the FLC saying the Town is against  else.  this.  B. Review of Commission Action List Get formal bid for Blockchain Server limit on. A1A to 35 MPH Street Paving/repaving Plan Establish Salary Ranges  Items closed  Collaborate with Indialantic to make joint request to FDOT for reduction in speed  Updates  Charging Stations: Commission approved cost to replace breaker box and TM Research Availability and Compensation for Building Official: Commission agreed to let TM create plan to move money from General Fund to FDOT Traffic Light Stanchion: Move to January 2021 RTCM Sheds on Corner Lots: Heading to Planning & Zoning for Review. Discuss  was asked to get vendor contacts from Comm. Runte  support position  again at December RTCM.    Items added Options forl bike paths  Town Manager Mascaro noted that there are now only two items on the Action List. Commissioner Walters moved to adjourn; Vice Mayor Hoover seconded;  Motion carried 5-0  Meeting adjourned at 8:32 p.m.  ATTEST:  Malt Hoome Wyatt Hoover, Mayor  Town Clerk  FAD