Town of - Melbourne Beach REGULAR TOWN COMMISSION MEETING WEDNESDAY - JULY 15, 2020 @ 6:30 pm 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 Clifford Repperger I. Call to Order Vice Mayor Hoover called the meeting to order at 6:32 p.m. II. Roll Call Town Clerk Torres conducted roll call: Commissioners Present: Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte (via Zoom) Commissioners Absent: Mayor Jim Simmons Staff Present: Town Manager Elizabeth Mascaro Town Clerk. JenniferTorres: Town Attorney Clifford Repperger Public Works Supervisor Tom Davis III. Pledge of Allegiance and Moment ofSilence Led by Vice Mayor Hoover IV. Presentations V. Boards and Committees VI. Public Comments Kate Wilborn 502. 2nd Avenue Ms. Wilborn asked for an update on storm water issues at Pine and 2nd. Vice Mayor Hoover said Public Works had been doing updates in the area and Town Manager Mascaro added that Public Works Supervisor Davis installed swales on Pine and 1st that seem to be moving a majority oft the water off the street - and as far as flooding goes they hadn't seen anymore. Ms. Wilborn said she sent the Commission photos that show flooding and she didn'tt think the Town is supposed to use: resident's property to percolate. She also said that swales seem like a nice idea but they are more of a symbolic idea. Town Manager Mascaro responded that the area is in the Town's right-of-way and the swales are not symbolic - they really work. VII. Approval ofthe Agenda Commissioner Quarrie moved to approve the Agenda; Commissioner Walterss seconded; Motion carried 4-0. VIII. Consent Agenda A. Approval oft the June 17, 2020 Regular Town Commission Meeting Draft Minutes B. Site Plan Review for 408 Fifth Avenue, Melbourne Beach C. Site Plan Review for 410 Fourth Avenue Melbourne Beach D. Site Plan Review for 509 Sunset Boulevard Melbourne Beach Commissioner Walters noted that edits were made to the June 17, 2020 RTCM draft Commissioner Walters moved to approve the Consent Agenda with the draft minutes approved as amended; Commissioner Quarrie minutes after the agenda packet was sent out. seconded; Motion carried 4-0. IX. Public Hearings A. First reading of Ordinance amending Section 7A-67, Appendix A, Town Code of Commissioner Walters moved to table the Ordinance based on the recommendation not to approve made by the Planning & Zoning Vice Mayor Hoover asked the Town Manager if Planning & Zoning wanted to separate RVs and boats and' Town Manager Mascaro said yes. Melbourne Beach, Florida (Land Development Code) Board; Vice Mayor Hoover said he still feels they have some work to do on the Ordinance and referenced a few areas that he felt needed edits. He pointed out that in one area it refers to a "reasonable amount oft time" for loading and unloading = and in another area it states the time allowed is 48-hours. He also felt it needed stronger language than "substantially screened by vegetation" and that they should have additional privacy requirements in consideration of neighborhood comments they received. Commissioner Walters said he made a motion to table it. Commissioner Quarrie seconded; Commissioner Quarrie said they need to wordsmith it a little better and go over the original minutes SO they have a better understanding of what was discussed. Commissioner Walters said he wants to table the Ordinance and send it back to Planning & Zoning asking for their advice because they don'taccept it in its current structure and he felt they should let them make their suggestions and then send it Commissioner Quarrie said when they brought us the draft we discussed the idea of separating RVs and boats and making two separate Ordinances but the discussion was not in favor of that and before they send it back to Planning & Zoning she wanted Town Attorney Repperger said the Planning & Zoning Board felt 45-feet is appropriate for boats but not for RVs - the separation is in the size and the problem with the three that voted in favor of not recommending the Ordinance was the fact that RVs were: included. He suggested the Commission table this until the next Commission meeting when they can look further into this issue. Vice Mayor Hoover asked ifthe Planning & Zoning Board wanted to keep thel length of RVs at: 26-feet = or at another length - and then asked if the Board had made any back to the Commission. to have a clear understanding of what was discussed. other suggestions? Town Attorney Repperger said they felt 45-feet was too long for RVs. Commissioner Quarrie said that's why she felt a review of the minutes would give the Commission a better understanding and the opportunity to re-read their notes to see howi they responded the first time - she said it should be tabled until the next Vice Mayor Hoover called for a vote on Commissioner Walters's motion to table the Commission meeting after they received those minutes. Ordinance. Motion carried 4-0. X. Old Business A. Consideration and possible action of BSE bid to write RPF for Orange Street Commissioner Walters moved to table the decision on this bid untilt they Commissioner Runte said he'd like to see a cost as well but thought they should agree to approve up to a certain amount SO1 they don'ts slow down the process. He suggested that amount be $5,000 or less depending on what services are project - Town Manager Mascaro receive a cost; Commissioner Quarrie seconded; included and the scope ofwork. Commissioner Walters said he wants the company to give us an actual number and then the Town Manager can call other municipalities to check and see ift the price Commissioner Runte said he was just saying they should authorize up to $5,000 for now so the project can proceed and they don'tl have to wait a month. they quote is good. Public Comments Tom Swenson 217 SurfRoad streets than on Orange. Mr. Swenson said that he feels likei there are more: issues on Riverside and the Key Town Manager Mascaro said the Town has a master plan and this particular roadway is part of the plan. The amount of water that goes down Orange and down the Key Streets and into the river has caused major issues and flooding and the only way to fixi iti ist toi re-engineer the road, add swales, remove the Miami curb, etc. Vice Mayor Hoover said the purpose of Miami curb is to funnel stormwater directly intoi the river so the Town is trying to remove Miami curb and put in micro-swales. Public Works Supervisor Davis said there is a stormwater masterplan and it serves as Mr. Swenson said they should have a plan for the entire Town and execute it based on how much money we have to spend. He asked why they would put a bid out for something they don't have a complete scope on and suggested they get a Town Manager Mascaro said that is exactly what they are doing - but because of Commissioner Quarrie said that they are obligated to get an RFP on any project. Vice Mayor Hoover called for a vote on the motion to table this item made by Commissioner Walters and seconded by Commissioner Quarrie. the' Town's game plan and Orange was carefully chosen. comprehensive RFP for the whole Town. limited funds - they can only do one project per year. Motion carried 4-0. B. Consideration and possible action to approve or amend Vacation Rentals Town Attorney Repperger said that in order to implement the vacation rental Commissioner Walters asked where he got the fees from and Town Attorney Repperger said they are comparable to what other local jurisdictions have done; adding that these are fees currently being used by Indian Harbour Beach. Application Fee Schedule - Town Attorney Repperger process, they must adopt a resolution to adopt fees. Vice Mayor Hoover remarked that they seem a bit steep. Town Attorney Repperger said the Commission is free to do what they want with Commissioner Walters said he just wanted to know where the fees came from SO the Town isn'tgauging residents with exorbitant costs - and now that he is aware they are comparable to Indian Harbour Beach, he can explain where they came Commissioner Quarrie suggested extending the deadline to complete the them - keep them as is - adjust them, etc. from. registration application to September 1, 2020. Public Comments Ingrid. Perkins 5103rd. Avenue Ms. Perkins said she has lived here 10 years and she and her husband are artists with three children and they are very proud to be members oft this community. She then asked how soon the fee schedule would be implemented. She has a room in her house that she rents on occasion - mostly to locals. Her concern, aside from the fees, is having someone come in and inspect the room because she values her privacy. Town Manager Mascaro suggested she call or come to' Town Hall to discuss the issue because her situation sounds more likeal RB & B: and that is a little different. Frank Lagrassa 412 1st Ave. Mr. Lagrassa said he supports the Town's effort to control vacation rentals. Lauren Hardman 320 6th. Ave Ms. Hardman felt that ify you lower the fees it would lower the level of people who are: renting and she would hate to see someone trash a place because fees were Commissioner Quarrie moved to approve the Resolution amending they vacation rentals application feeschedule: Commissioner Walters Commissioner Runte moved to extend ther registration dateof vacation rentals to September 1, 2020; Commissioner Quarrie lowered. seconded; Motion carried 4-0. seconded; Motion carried 14-0. XI. New Business A. Discussion and possible action of an emergency Ordinance related to Face Masks Mayor Simmons Commissioner Quarrie stated that she works in a business that deals with the public and in thel last two weeks every single person in there has been from out of Town. She went on to say that she is very torn about the whole situation and would like to get public input doesn'twant tol be sued based on taking anyone's Commissioner Runte said there are obviously concerns dealing with lawsuits but they don'toutweigh the negative repercussions and the cases of COVID going up. rights away. Public Comments Nancy Haney 181 Ocean Ridge Drive Ms. Haney said that her understanding is that the Towns ofIndialantic, Satellite Beach, and Cocoa Beach have mask mandates in place. She wanted tol know ifthe Town of Melbourne Beach has conferred with them to see how they arrived at their decision and what the fines would be. Dan Brunger 400 6thAve. Mr. Brunger wanted the Commission to consider a few things. There are people like his mother who has congestive heart failure and can't wear a mask and he would hatet to see: someone in town have those struggles. He asked ifthe Commission had considered the disposal of used masks, because hel has seen them thrown on the ground = so they may want to consider providing extra trash receptacles. Mr. Brunger went on to ask ift the original emergency order declared Town. Attorney Repperger said the Order was made by a Proclamation initially adopted on March 18, and it was adopted pursuant to Chapter 16. The Order says a Declaration of Civil Emergency shall remain in effect until Governor's Order by the Mayor was still in effect. expires -Sept 5, 2020. Cynthia Lagrassa 412 1st Ave Ms. Lagrassa said she thinks a mask ordinance just gives the police more to do and creates al burden for them because they have more important things to do. Commissioner Runte responded by saying that in reference to it being a burden on businesses, when an employee tests positive when there is no mask order and that business has tol be closed for two weeks - that is a burden. Ingrid Perkins 5103rd Avenue Ms. Perkins said that ift they make a lot of small adjustments, it could work. She agreed with having a warning in place ofai finei for a firsti infraction - soit's more like a slap on the wrist and after the first infraction shei feels the fine should be low - like $10 - and masks should only be required where people can'tsafely social distance 6-feet apart and not require masks outside. Town Manager Mascaro said the orders make it clear they are not directed at outside activities Frank Lagrassa 4121st Ave Mr. Lagrassa said he is fundamentally opposed toi the policy and he believes weI have reached a point ofinsanity with special interest groups having far too much tos say. Mike Granger 2103 Neptune Drive Mr. Granger said he doesn't wear a mask but ifl he has to doi it - he will. He said he doesn'thave: aj problem with it. He agrees that a warning is better than ai fine fori infractions. Gabor Kishegyi 221 Surf Road Mr. Kishegyi said he doesn't have strong thoughts eithers way but feels masks should be strongly suggested in a close environment. Tom Winston 217 SurfRoad Mr. Winston said there is a CDC: study from 2018 that said ify you don't havea N95 mask, the other kind does not help. He pointed to the Country of Sweden where he says, they never locked down and the death rate is lower. Vice Mayor Hoover responded by saying that recent studies show people who contract COVID still have significant impact after 60 days. It's notj just about death but also about continuous problems caused by thei infection. Scott Fishman 410 4th. Avenue Mr. Fishman said he echoes the comments from those on the fence and wondered how kids would be affected by a mask order. Vice Mayor Hoover said children 6- year-of-age and younger are not required to wear masks. Lauren Hardman 326 6th. Avenue Ms. Hardman said she does not envy the Commission at all in the decisions they need to make. As a person who is high-risk, she is cautious but it's not OKto accept even one death from it. As far as the Town - she feels people should be required to wear masks ift they go into Town Hall. She said it shows respect and we'vel lost that in our society right now. Nancy Haney 181 Ocean Ridge Drive Ms. Haney said Florida is very different than many other states - in that Florida is very relaxed when it comes to facemasks and social distancing. All the states treat it more seriously and people follow the common rules and guidelines. Whether we. know if masks help or don't = we: should start with wearing masks. Ifyou) have a health condition, you can get a doctor's note. Vice Mayor Hoover said he doesn'tthink it would be appropriate forl local police to ask for exemptions for health conditions. There has to be a certain amount of good will Town Manager Mascaro said she spoke to the Police Chief about enforcement and it really will be up tot the store owner to enforce. The police are going to take avery practical approach to this. Alot ofthis will fall on the shoulders of the Commissioner Quarrie asked if any local businesses offered feedback. Town Manager Mascaro said the gas station had a few questions - but that's the Town Clerk Torres read two emails that were received for public comment. and personal responsibility. business owners. only one. Ian Kennedy 511 Magnolia Drive Good evening Commissioners and residents of Melbourne Beach, My name is Ian Kennedy. I'd like to begin byi introducing myself:Iam 21-years- old and currently a senior at Florida State University. I was born and raised in Melbourne Beach, soIam back here under my parent's roof due to the university closure. My mother and father are both around the age of 60, putting them at a higher risk of severe illness from COVID-19. This is why: you don'ts see my face today,you only hear my words. Despite the suggested use of masks and social- distancing, Idid not feel comfortable: attending this meeting out of fear of jeopardizing my parents' health. Like I said, Iam young andIam healthy. For many people in my generation, COVID-19 may be just flu - something we can fight off with Vitamin Cand a couple days of Netflix in bed. But this isn'tjust about me. It's about all ofus. Thisi is not the reality for thei majority oft the people in America, in Florida, and in Melbourne Beach. This is why iti is crucial tol have a mask mandate in our town. Defeating COVID-19 must be a collective effort. Each of us must do our own part for the greater good of! humanity. Despite the political controversy, both the scientific and medical communities have proven the efficacy of masks and recommend wearing them to reduce thet transmission of COVID-19. But a recommendation is not enough. Ifwearing a mask remains up toj personal discretion, then positives cases will continue toi rise and our precious community will continue tol bei in danger. Other towns, other cities, other states, and other countries have required masks and have then seen a decrease in COVID-19 cases. There is a direct correlation between mandated prevention and protection. Why is Melbourne Beach still behind? Our rates are continuing to climb as a result of negligence and al lack of compassion for our neighbor. On Monday, July 13 (two days ago), Florida Today reported 32 positive Coronavirus cases in Melbourne Beach. While this is about 1% of our town's population, the number is still too high. Even one positive case was too high. Melbourne Beach is not safei from the horrors oft this virus and we cannot pretend that itis. Commissioners, science has given you a powerful, effective, and simple tool that will protect your community. So please enforce it. Please protect us. Lastly, r'lI leave you with a quote from Dr. Anthony Fauci, director ofthe National Institute of Allergy and Infectious Diseases. He said: "It's really in our hands as a community, as a nation, as a populace to make this happen. It does not have to be 100,000 cases a day.' Thank you for your time. Kathleen Tesi 2005 Neptune Drive Iwould very much like to come tot the meeting but do not wish tol be in a crowd, particularly since there is only encouragement and no requirement to wear masks. Iam asking that you please step up: as Town leadership and approve the requirement to wear masks. Iunderstand that it isa difficult thing to enforce, but even having the requirement would make a difference. Right now there are different rules in our local communities, which makes an already confusing situation more SO. Additionally, it isl hard to go anywhere and feel safe. .Inow know many people whol have the virus, that its seems just a matter of time before the entire county isi infected and our medical services are overrun. A good friend's 133 year old daughter tested positive. She has lost her sense of smell and taste, a very frightening thing for her to experience. Both of my neighbor's parents have now tested positive as well as friends, local business owners, grocery store staff and a host of others. We need to do this one simple thing to support each other and keep things safe. Iti is not fair to any ofus, but folks like my senior parents, in particular, that cannot even do simple life tasks like going to the grocery or hardware store without the possibility of contracting a disease that will kill them. The lack of public health safety measures in our state, and our county and town in particular, force seniors like my parents to remain locked in their homes. This is very difficult for their wellbeing and also seems to be taking a toll on their cognitive functioning as well. Ifeel like we are leaderless in the midst ofaj public health emergency. Instead oft things getting better, they are getting sO much worse. Please do what is right for thel health and wellbeing of our community. We need a mask requirement if we are to have any hope. Iti is already so late ini the Commissioner Walters asked for clarification on the number of the orders: Town Attorney Repperger said they would be Emergency Order 2020-06 and Commissioner Quarrie said she thinks Emergency Order 2020-06 should be adopted with the penalties changed. She suggested a firsti infraction is a warning with a complimentary mask provided to them, second is $50 and third and Commissioner Quarrie said she would recommend the same changes in fines to Vice Mayor Hoover had ai few small edits in wording on each Order and then asked the' Town toj provide businesses the signs they can post. Hes suggested the effective date could be this Friday as 12:01 p.m. and the end date would be at Midnight on. August 20, 2020. It would be a 30-day Order to start and then the Commission can continue iti ifthey choose to. Commissioner Quarrie moved to accept Emergency Order 2020-06 with game. Please do something! Emergency Order 2020-07. thereafteri is $100. Emergency Order 2020-07. changes as specified; Commissioner Walters seconded; Town Attorney Repperger said - in regard to both Emergency Orders - he would amend the third "whereas" clause to say "as extended by the Governor's Executive Order." Motion carried 4-0. Commissioner Quarrie moved to accept Emergency Order 2020-07with changes specified includingattorney changes; Commissioner Runte seconded; Motion carried 3-1 with Commissioner Walters in dissent. B. Consideration of Impact Fee Funding Stephen M. Swanke, Brevard County Vice Mayor Hoover said he feels thatl libraries are generally underfunded sO the impact fees should go toward the libraries but hei is noti in favor ofi impact fee for the Planning & Development Department correctional facilities. Commissioner Runte explained that this money has already been collected and will go toward correctional facilities and thel libraries -1 thel ballot is asking for approval on how they each have decided to spend it. Public Comments Ashley Link Brevard County Public. Libraries Ms. Link explained that thei impact fees have already been collected and what the libraries would) like to spend the money on is large print books because they will really impact the community in a positive way. Ingrid. Perkins 5103rd Avenue Ms. Perkins said: she is in support ofi impact fees for thel library - but thinks the impact fees could be better spent by SheriffIvey on psychological services, reeducation and on re-assimilating. Commissioner Walters moved to recommend approval ofLibrary Impact Fees as stated on the ballot; Commissioner Quarrie seconded; Motion Commissioner Runte moved to reject approval ofCorrectional Facilities Impact Fees as stated on the ballot; Commissioner Waltersseconded: carried 4-0. Motion carried 4-0. XII. Staff Reports A. Town Attorney Report - No report B. Town Manager Report Vice Mayor Hoover asked the' Town Manager to tell them about the Loggerhead Stewardship Report -TM Mascaro said the Town is nowi in compliance with the In other updates, TM Mascaro said thej parking kiosks wouldn'tarrive for approximately ten more weeks and said the' Town has handed out about 480 resident parking decals SO requirements of the grant. far. C. Town Clerk Report D.I Departmental Reports: 1. Building Department 2. Public Works Department 3. Code Enforcement 4. Police Department 5. Fire Department Fire Chief Brown said he put a Fire Department stipend update into the agenda packet and then proceeded to give a short overview. He said the program is working and since we: started there has been a 200-perent increase in membership, which is a huge increase and the program is working the way they Vice Mayor Hoover explained that the stipend program was created due to a big wanted it to - he then thanked the Commission. decrease in participation and volunteers. 6. Finance Department Commissioner Runte seconded; Commissioner Quarrie moved to approve the Finance Report; Commissioner Walters said that since 2004 the' Town had a good Ordinance that mandated when you went over your budget or had to switch something around, you had to explain why - but last year that changed and now we get this Finance Report each month. Hes said an internal audit said there were expenditures in the law enforcement fund in the general fund and stormwater funds exceeded budget - which means we violated state law and he wanted to know what was going to Town Manager Mascaro said they had explained the reason that happened - and it was due to police cars. She said they were not prepared to replace police cars and one was involved in an accident while another caught on fire. Commissioner Walters said the stormwater budget has been over expended in the happen. past. Motion carried 4-1 with Commissioner Walters in dissent. XIII. Town Commission Comments A. General Comments Commission Walters congratulated Public Works Supervisor Tom Davis on ajob well done. Closed B. Review of Commission Action List EAB! Projects for 2020 Town Manager Evaluation seating/signage Investigate grant opportunities for water retention along Oak and County Roads Create a Special Event permit for restaurants tol have additional outdoor Updates Collaborate with Indialantic to make, joint request to FDOT for reduction in speed limit on A1A to 35 mph - Town Manager attended workshop with Indialantic Town Manager. Waiting on FDOT to make a decision Street paving and repaving plan - The Commission asked the Town Manager and Public Works Supervisor to create a color-coded master plan Charging Stations - Town Manager shared that Tesla is no longer available, meaning the charging stations are: no longer free. They cost $500. TM is looking at other options and will return in August with more information: Commission asked TM tol look for similar offers and/or grants as Tesla was offering. Employees 6-month Evaluations - Town Manager has not received all Code Enforcement Magistrate = Town Attorney Repperger said first reading and will update in August if any developments. indicating projected dates/timeline of future projects. evaluations and will update in August. will be at August RTCM. XIV. Adjournment Motion carried 4-0. Meeting adjourned at 9:12 p.m. Commissioner Walter moved to adjourn; Commissioner Quarrie seconded; ATTEST: Town Clerk 5 (James D. Simmons, Mayor AEV