Town ofMelbourne Beach  REGULAR TOWN COMMISSION MEETING  MONDAY, SEPTEMBER 16, 2020, 6:30 p.m. COMMUNITY CENTER, 509 OCEAN AVENUE  MINUTES  Commission Members: Mayor Jim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte StaffMembers: Town Manager Elizabeth Mascaro Town Clerk Jennifer Torres Finance Manager Jennifer Kerr    1.  Call to Order  Mayor Simmons called the meeting to order at 6:30 p.m.  2. Roll Call  Commissioners Present: Mayor. rJim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte  Staff Present:  Town Manager Elizabeth Mascaro Town Clerk. Jennifer Torres Finance Manager Jennifer Kerr Town Attorney Cliff Repperger  3. Pledge of Allegiance and Moment ofSilence  Led by Mayor Simmons Presentations  4.  5. Boards and Committees 6. Public Comments  Thomas Flavin 406 OceanA Ave.  Mr. Flavin requested that the Town consider entering into an agreement or approving a variance that would allow his HOA to keep the trees they planted in  the Town's right-of-way. Doug Hilmes 443 Riverview Lane  Mr. Hilmes asked for clarification on the number of Commission seats up for  election.  Kevin Scanlon 408 Ocean Ave  Mr. Scanlon agreed with the first speaker, Mr. Flavin, in wanting the Town to consider allowing the trees their HOA planted in the Town's right-of-way.  7. Approval ofthe Agenda  Commissioner Runte moved approve the agenda with one change toplace item Cunder New Business to theend ofthe list; Vice  Mayor Hoover seconded; Motion carried 5-0.    8. Consent Agenda  Vice Mayor Hoover 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 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 ANDUNLOADINGOFTRAILERS, 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 ELECTRICAL MAINTENANCE REQUIRE  POWER PURPOSES;  SOURCES AMENDING THE BOATS,  FOR  SAID  TRAILERS,  AND  ERVERABILITYINTERPRETATION  CLAUSE;    Vice Mayor Hoover spoke about the fact that he appreciates homeowners who want to do what they want to do on their own property, but also understands those who are unhappy with ai neighbor whose vehicle interferes with their view. He read his issues and suggestions from a prepared statement:  Issues:  inability of code enforcement to measure length of RV/Boat on owner's many residents do not want to see. large RVs parked right on their lot line, current code allows some boats/RVs tol be parked in a driveway but is still Leave vehicles 26' or smaller as they are currently regulated (behind front Modify language regarding requirement for vehicles being behind front edge of house to include .and not obstruct any part oft the house that faces the street" or something similar -1 this would keep people from exploiting a technical loophole that allows them to park boats/RVs ini their Regulate visibility ofl larger vehicles by height instead, which might be more easily measured from the road or an adjacent property (via I.e. any part of a vehicle that continually exceeds 10' in height for more than 26' must be fully shielded by vegetation of at least 10' in height. This allows the folks whol have had larger vehicles for years to still have them and it gives some compromise to neighbors who find those vehicles unsightly. A shielding hedge will also ensure that the vehicle is not SO close to thej property line. It would also close the loophole allowing people to park vehicles in their front yards/driveways in some situations. Ifthe code can be enforced this way, Ithink it would be a nice compromise for all parties and still maintain the desired identity of many within the  property  extending 10' or higher  behind thei front line of part ofthe house line ofhouse & behind setback)  Suggestions:  front yard/driveway complaint)  community.  Commissioner Walters said he received a lot of emails from residents who were Commissioner Quarrie said she feels a lot oft the Town Code is outdated and needs tol be changed including thej permitted length of boats and RVs - adding that they have put a lot of effort and money into making sure our codes are family Commissioner Runte said hei felt the issue had been discussed at length and after hearing from everyone, it appears the majority are in favor of the Ordinance. The Mayor asked the Town Attorney to explain what isi involved in recusal and expressed his opinion that there is no one on the Commission whoi is legally  opposed tot the Ordinance.  friendly and RVs and boats promote outdoor, family activities.    allowed toi recuse themselves from a vote unless there is an economic benefit to The' Town Attorney said the Mayor is correct and that in his opinion Commission members are required to vote unless there is ai financial benefit to that member. Mayor Simmons suggested they table further discussion of the Ordinance toi the October workshop to consider suggestions and then have the second reading at  that member of the Commission.  the October RTCM. Public Comments  Christopher Shultz 409 Hibiscus Trail  Mr. Schultz said a 13-5 foot-high RVist taller than a house and effects property value. He believes the Ordinance should be discussed further.  Doug Hilmes 445 Riverview lane  Mr. Hilmes said that RVs are different from boats and read a prepared statement that indicated he believes RVs and boats should be separated into two different  Ordinances.  Dian Croce 414Fifth. Avenue  Ms. Croce said she does not like thei idea ofi increasing thel length of boats or RVs.  Helen Nealon 414 Ocean. Avenue  Ms. Nealon suggested the Town use: a drone or other such technology in order to assess and enforce code enforcement issues with RVs and boats. Shei is also  happy to see the second reading is being tabled.  Lauren Hardman 320 6th Ave  Ms. Hardman noted that shel has been in attendance at meetings for this issue from the start, many months ago and noted that most everyone here tonight is here for the first time. She wanted tol know where they were before this and why  they didn'tattend any oft the other meetings.  Elena. Altevogt 407Anchor Key    Ms. Altevogt said she thinks this decision is a very important decision and should  be on thel ballot for voters to decide.  Frank. LaGrassa 412. First Avenue  Mr. LaGrassa said that ifthe Town doesn't do something to allow more modern  RVs and boats they will see a lot of RV garages and storage.  Dan Brunger 400 6th Avenue  Mr. Brunger said the issues go back to November 2018 when he received a fine. He believes enforcement is selective and more time is needed for loading and  unloading.  Pete Peterson 305 Sixth Avenue  Mr. Peterson said his company designs marina and boat ramps and they don't look atl boats for storage or slips for anything less than 30-feet, adding that a 21-  foot boati is ridiculous. John. England 514 Avenue B  Mr. England said from prop to toe his boat is just over 26-feet. He said a lot of homes here are built on setbacks sO it's very easy to bei in violation of current  rules.  Walter. Hardman 320 6th Avenue  Mr. Hardman said he lives on a corner lot and has al boat that's been sitting there  for 20 years. He only received a citation a year ago.  Thijs Stelling 617 Mango Drive  Mr. Stelling said boats get bigger and people have different demands.  Frank LaGrassa 412 First Ave.  Mr. Lagrassa agreed with the previous comment adding that we are a community  ofmany different interests and needs.    David Stein 507.Andrews  Mr. Stein said the 26-foot restriction is unworkable and unsafe and is in support Comments ended and the issue went back to the Commission for further Mayor Simmons said he feels the minority opinion is important too - not just Commissioner Walters said that just because a law is over 30 years old doesn't Commissioner Runte thanked everyone for coming and said moving forward it's important that if we have a code we enforce it, and that our code should match Mayor Simmons said he wished he'd seen more members of the publicat Vice Mayor Hoover moved to table the Second Reading of Ordinance 2020-03 to the October 21, 2020 Regular Town Commission Meeting and have discussion on it scheduled for the October 7, 2020Town Commission Workshop: Commissioner Quarrie seconded; Motion B. Second Reading of Ordinance 2020-04, related to Binding Development Agreements, amending Section 7A-102, Appendix A, Town Code of Melbourne Beach, Florida (Land Development Code) - Town Attorney  ofthe amendment as written.  discussion.  the majority = and he will work to protect that.  mean it should be changed.  what our life looks like now.  meetings over the last seven years.  carried 5-0.  Repperger  Town Attorney Repperger read Ordinance 2020-04: AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARDCOUNTY,FLORIDA, AMENDINGTHE LAND DEVELOPMENT CODE OF THE TOWN OF MELBOURNE BEACH, AMENDING SECTION 7A-102 TO AUTHORIZE THE CONSIDERATION OF CONDITIONS, LIMITATIONS, OR REQUIREMENIS IN A PROPOSAL VOLUNTARILY PROFFERED AS PART OF A BINDING DEVELOPMENT AGREEMENT; CREATING SECTION7A- 103; AUTHORIZING BINDING DEVELOPMENT AGREEMENTS; PROVIDING A SERVERABILITY  FOR ZONING  CHANGE  OR AMENDMENT    INTERPRETATION CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND  PROVIDING AN ADOPTION SCHEDULE.  Commissioner Runte moved to approve Ordinance 2020-040n second reading: Vice Mayor Hoover seconded; Motion carried  5-0.  Mayor Simmons recessed the meeting at 8:12p.m. Mayor Simmons called the meeting to order at 8:16 p.m.  Town Clerk Torres conducted Roll Call: Commissioners Present: Mayor Jim Simmons Vicel Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte  Staff Present:  Town Manager Elizabeth Mascaro Town Clerk Jennifer Torres Finance Manager Jennifer Kerr Town Attorney Cliff Repperger  B. First Reading of Ordinance 2020-05, amending various sections of the Town Code of Melbourne Beach to establish a Special Magistrate to handle  Code Enforcement in 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 SECTION 11-15, AUTHORITYTO ESTABLISH; PURPOSE; AMENDING SECTION 11-16 DEFINITIONS; AMENDING AND RENAMING SECTION 11-17, ORGANIZATION; AMENDING SECTION 11-18, POWERS; AMENDING AND RENAMING SECTION 11-19, ENFORCEMENT PROCEDURES; HEARINGS; AMENDING AND RENAMING SECTION 11-20, FAILURE TO COMPLY WITH ORDER OF BOARD; AMENDING AND RENAMING SECTION 11-21, APPEALS; AMENDING AND RENAMING SECTION11-22, NOTICE REQUIREMENIS; AMENDING THE FOLLOWING CODE OF MELBOURNE BEACH SECTIONS TOCHANGE REFERENCES FROM "CODE ENFORCEMENT BOARD" TO "SPECIAL MAGISTRATE" SECTION 1-26, MINUTES; SECTION 27-34, VIOLATIONS; ENFORCEMENT; PENALTIES; SECTION 46-20, ENFORCEMENT BY CODE ENFORCEMENT BOARD; PENALTIES FOR    VIOLATION; SECTION 49-3, DISCHARGE OF CERTAIN WATER INTO 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 REQUIREMENIS; SECTION 49-57, SECURITY REQUIREMENTS; AND SECTION 65-6, DUE DATE FOR ANNUAL BUSINESSTAX; DELINQUENT PAYMENTS; PENALTY FOR FAILURETO SERVERABILITY/INTERPRPRETATION CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE.  PAY ANNUAL BUSINESS TAX; PROVIDINGA  Public comment  Robert Baldwin 446 Riverview Lane  As a former member of the Code Enforcement Board, Mr. Baldwin said he is a big fan of using a special magistrate because no one on the previous board had any real code  enforcement experience. Dan Brunger 400 6th Avenue  Mr. Brunger asked the Commission to make sure the Town Ordinances comply with  state and federal statutes. Gail Gowdy 215.Ash_Avenue  Ms. Gowdy asked a question that was answered by Commissioner Runte. Commissioner Runte moved to approve the first reading ofOrdinance 2020-05subject to minor changes to determine the terms of a lien; Vice  Mayor Hoover seconded; Motion carried 5-0.  C. First Reading of Ordinance 2020-06, amending Section 11-54, Town Code of Ordinances, related to Police Officers Retirement System Town Attorney Repperger read Ordinance 2020-06:  AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM; AMENDING SECTIONII-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 A NEW SUBSECTION ENTITLED QUALIFICATION OF SYSTEM; PROVIDING FOR SEVERABILITY AND INTERPRETATION: AND PROVIDING AN  EFFECTIVE DATE.  Vice Mayor Hoover moved to approve the first reading ofOrdinance 2020-06; Commissioner Quarrie seconded; Motion carried 5-0.  10. Old Business 11. New Business  A. Consideration of extending or ending Emergency Order 2020-08 and 2020-  09- Mayor Simmons  Public comment  Lauren Hardman 320 6th Avenue  Ms. Hardman said she would like to see the order stay in place.  Vice Mayor Hoover moved to approve Emergency Order 2020-10; Commissioner Runte seconded; Motion carried 5-0. Vice Mayor Hoover moved to approve EmergencyOrder 2020-11; Commissioner Runte seconded; Motion carried 5-0. B. Consideration and possible action to approve purchase oft the Sollensys Blockchain Server to improve the Town's data security and replace our  current cloud storage services - Vice Mayor Hoover  Vice Mayor Hoover explained the technology behind a Blockchain server and the protection they can provide. Matthew Helmintoller, a representative from Block Integration Network was on hand to speak about the program which has an outlay of Mayor Simmons suggested the Commission direct the Town Manager to speak to Computer Experts about the program and also to reach out toi the Town of Indialantic to  approximately $45,000 and $200 per month.  find out ift they have interest in the program.    C. Discussion and possible action related to Civility, Respectful Communication andAcoumtablity) for creating hostile environment - Commissioner D. Discussion and possible action of request to install a swing in Ryckman Park  Quarrie (Item moved to end ofNew Business)  Public Works Supervisor Davis  Public Works Supervisor Davis said a longtime resident has requested that we install a porch type swing in Ryckman Park near the river. The resident expressed that this type of swing would likely get considerable use. Research revealed a swing of that style is available in a very heavy wooden frame rated for up to 800 Ibs. The resident offered to donate the swing but the PWS felt it was better to purchase the swing. The cost for the swing with shipping would be approximately $400. Material for the heavy frame on which the swing would hang is estimated to cost approximately $100. The Commission gave unanimous consent for Public Works Supervisor Davis to use $500 from his current budget for the purchase and installation ofa E. Discussion and possible action to renew lawn service contract = Public Works Publics Works Supervisor Davis said the lawn maintenance agreement between the Town and Fertig's Sharper Cuts will expire in December 2020. He is very satisfied with their service. The current annual cost is $29,813. Because we would be adding additional new. areas to be mowed and edged in Ryckman Park, as small area in front of the Post Office and the newly reclaimed area along Oak Street that cost would be $32,613, which would be a $2,800 a year increase. Because of the good service that has been consistently provides, Public Works Supervisor Davis asked the Commission to waive the RFP and process and allow Vice Mayor Hoover moved to approve Public Works Supervisor to renew the service contract for two years with a 12 month extension not to exceed $36,300 annually; Commissioner Quarrie seconded; F. Discussion and possible action to commence a Storm Water Swale Program -  swing.  Supervisor Davis  the Town to renew a contract with Fertig Sharper Cuts.  Motion carried 5-0.  Public Works Supervisor Davis    Public Works Supervisor Davis said the Town wanted to initiate a program titled "Swale People Live Here'implementing: a marketing and educational program via our website and printed material that would describe how we can reduce our impact on the Lagoon by reducing the sediment and other pollutant material dumping into the Lagoon. The department would offer to digas'x4'swale near the street in front of a residence and ift the resident Vice Mayor Hoover moved to approve the Swale Program; Commissioner Quarrie seconded; Motion carried 5-0. G. Consideration of the June 24, 2020 and July 1, 2020 Town Commission  desired sod in the swale we would place it.  Workshop draft minutes - Town Clerk Torres  Commissioner Quarrie moved to approve the June 24, 2020 and July1, 2020 Town Commission Workshop Draft Minutes; Vice  Mayor Hoover seconded; Motion carried 5-0. Jordan, Daughters of the. American Revolution.  H. Consideration of Proclaiming September 17-23 as Constitution Week - Janine  Commissioner Runte moved to approve the request to proclaim September 17-23 as Constitution Week; Commissioner Quarrie I. Consideration of proclaiming August 2020 as Florida Water Professionals Month - Florida Water & Pollution Control Operators Association Vice Mayor Hoover moved to approve the request to proclaim August 2020 as Florida Water Professionals Month; Commissioner Runte C. (Moved from earlier in the agenda) Discussion and possible action related to Civility, Respectful Communication and Accountability for creating Commissioner Walters made a few statements and asked for guidance from the Town Attorney. Commissioner Quarrie presented a few points. Afteran extended debate between Commission members, the Commission agreed to end the discussion and close the issue without further action.  seconded; Motion carried 5-0.  seconded; Motion carried 5-0.  hostile environment - Commissioner Quarrie  12. Staff Reports  A. Town Attorney Report    The Town agreed to waive the appointment of a Special Magistrate with the PBA. He said an impasse hearing has been scheduled for September 21, 2020. The Town Attorney explained the format and procedures of the meeting and Commissioner Runte moved to approve the stated procedures for Commissioner Walters asked ift the police officers who have been terminated were allowed to speak. Town Attorney Repperger said they are allowed to  asked the Town Commission for approval to proceed. the impasse hearing; Vice Mayor Hoover seconded;  speak during public comment. Motion carried 5-0.  The Town Attorney reminded the Commission not to discuss substantive  issues that may come up before the hearing  B. Town Manager Report  Town Manager Mascaro shared that a change in the speed limit on A1A was imminent. She also gave an update on a Halloween event - movie and candy hand-outin the park that was being planned with social distancing.  The Commission agreed it was a great idea.  C. Town Clerk Report  The Town Clerk shared a request for the extension of a Special Event application and deposit for the Baird wedding to October 22, 2022.  The Commission agreed that was acceptable.  The Town Clerk also shared that she had created an ADA compliant agenda packet and planned to begin created them in this way going  forward.  D. Departmental Reports: 1. Building Department 2. Public Works Department 3. Code Enforcement 4. Police Department  Commissioner Walters said the he would always be there for the police department and asked Officer Smith to please let them know he would be  there for any of them if they needed him.  Fire Department    6. Chief Brown gave a quick update on the floors - which are coming along. He also noted his department was awarded a grant to help offset cost of washer and dryer and also said he appreciated the Commission working with the department SO well on their manyi improvements.  7. Finance Department  Vice Mayor Hoover moved to approve the Finance Report; Commissioner Quarrie seconded; Motion carried 4-0with  Commissioner Walters in dissent.  13. Town Commission Comments A. General Comments  B. Review of Commission Action List Employee 6-month evaluations Code Enforcement Magistrate  Closed  Added  Request Town Manager to research Blockchain program, discuss with Indialantic and bring before the Commission again during the October RTCM.  14. Adjournment  Vice Mayor Hoover moved to adjourn the meeting; Commissioner  Runte seconded; Motion carried 5-0.  The meeting adjourned at 10:36 p.m.  ATTEST:  Wph HooiMn WyattHoover, Mayor  Jennifer' Torres, Town Clerk ha