Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING WEDNESDAYJANUARY 15, 2020 at 6:30 p.m. COMMUNITY CENTER = 509 OCEAN AVENUE  MINUTES  The Town Commission conducted a Regular Town Commission Meeting on WednesdayJanuary 15, 2020 in the Community Center  toaddress the items below. 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 Nancy Wilson Town Attorney Clifford Repperger    I.  Call to Order - Led by Mayor Simmons Mayor Simmons called the meeting to order at 6:30 p.m.  II. Roll Call  Town Clerk Wilson conducted the roll call.  Commissioners Present: Mayor Jim Simmons Vicel Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherri Quarrie Commissioner Corey Runte Staff Present:  Town Manager Elizabeth Mascaro Town Clerk Nancy Wilson Fire Chief Gavin Brown Public Works Supervisor' Tom Davis Town Attorney Clifford Repperger  III. Pledge ofAllegiance and Moment of Silence  Led by Mayor Simmons  IV. Presentations  A. Proclamation recognizing Will Lucas' contributions to our community and forl his Mayor Simmons read the proclamation that posthumously recognizes Will Lucas' contributions to Melbourne Beach and hisi induction into the East Coast Surfing Hall of Fame. Mrs. Lucas and Bill Tweedie from the. Florida Surfl Museum werei in B. Proclamation recognizing the 100th anniversary oft the Melbourne Beach Community Mayor Simmons read the proclamation recognizing the 100th anniversary oft the Community Center and presented it tol Frank Thomas, Town Historian and Bruce There was a break for refreshments and the meeting reconvened at 6:45) p.m.  recent induction into the East Coast Surfing Hall of Fame  attendance to represent Will.  Center  Morgan.    Commissioners Present: Mayor Jim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherri Quarrie Commissioner Corey Runte Staff Present: Town Manager Elizabeth Mascaro Town Clerk Nancy Wilson Fire Chief Gavin Brown Public Works Supervisor Tom Davis Town Attorney Clifford Repperger C. Public Works quarterly report  Public Works Supervisor Davis gave a rundown on all the accomplishments in PW since his last report. He handed photos to the Commission members showing before and after pictures of stormwater drains after the ditch witch had vacuumed them. The work yielded al huge pile of dirt that may be nutrient dense and could be used in Ryckman Park. Mr. Davis will have the dirt tested by University of Florida IFAS to ensure it doesn'tcontain toxins. In conclusion, the PW Supervisor handed the Commission members a picture ofal lift vehicle that the' Town could purchase for $8,500. He outlined its many uses including tree trimming which would save them $2,800 per year. Additionally, by trimming thej palm trees in' Town, they could save $1,450 per year. The cost to rent a lift is $417/day. Aladder could be used for some of the listed uses but they are dangerous. When asked, Mr. Davis said he performed research on avallable/attfordable lifts through wholesalers; the one he is requesting is from. Altec Cable Trucks. The side reach is 21 feet and the  skyward height is 34 feet.  V. Boards and Committees  Request by the Parks Board for. Jason Judge to be replaced by Ed Struttman as Chairman (both appointed on 2/20/19 to the Parks Board; terms to expire on This notice was for informational purposes and didn't require a vote.  2/20/21)  VI. Public Comments  Kate Wilborn 5022nd Avenue    Ms. Wilborn asked for an update on the Town's stormwater management plans. She said the house on the northwest corner of Pine and 1st is under contract but hasn'tclosed so the opportunity may still be there to purchase it. Next, she commented that the retention area on 1st Avenue still isn'tbeing used.  Debra Marchese 310 1st Avenue  Ms. Marchese gave pictures to the Commission members indicating that the beach access at 1st Avenue is a mess again due to grease buckets from the restaurant and open garbage cans. At thel location where the hardware store previously stood, there is not a proper fence between the commercial property and their residential property and there are also electrical/cable wires on the ground that are connected to the power pole. Finally, in the park, there is an oak tree over the sidewalk that could hurt someone passing underneath it.  Kevin Diamond Rock Harbor Church  Mr. Diamond said his congregation continues to grow and they now hold their services at Gemini Elementary. He wanted to greet the community on behalfof  the church and in conclusion, led the audience in prayer.  Adam Meyer 214 Surf  Mr. Meyer asked what the ultimate plan is with the parking survey. Mayor Simmons answered that the results will be discussed at a meeting but there currently aren't plans for a follow-up mailing. Mr. Meyer commented that there's no information about the cost of the system that would be required in Ocean Park. In conclusion he said there will be a lot of residents who will benefit from being able to park at the ends of the streets. Unfortunately, the only people who willl be negatively impacted are the people who live near those areas SO he may have people parking in front of his house and he'll need to get permits for those visiting him. He suggested starting with a fewer number of streets to see howit  works out.  Kim Cowles 214 Surf  Ms. Cowles referred to the survey where it reads "The parking issues listed below should be considered individually, however, if there is paid parking in Ocean Park, then Resident Only Street Parking should also be mandatory." She has issues with that because the survey shouldn't be telling her what should or shouldn't be done. She also thinks the survey is based on an incorrect premise because if people on Avenue A are having issues, those should be addressed    separately. Her suggestion is that each situation should be handled independent  from others.  VII. Approval ofthe. Agenda (00:54:42)  Mayor Simmons said that since most people remaining in the audience are present for the boat parking on corner lots issue,he recommended that the agenda item dealing with this matter be moved to Item A. under New Business. Commissioner Quarrie made a motion to approve the agenda as modified, moving Item E. under New Business to Item A. under New Business: Vice Mayor Hoover seconded. Motion carried 5-0  VIII. Consent. Agenda (00:56:58)  A. Site plan review for 407 River View B. Site plan review for 522 Avenue. A  Commissioner Quarrie made a motion to approve the Consent Agenda as presented; Commissioner Runte seconded. Motion  carried 5-0.  IX. Public Hearings (00:58:28)  A. Second reading of Ordinance 2019-06 amending and restating various provisions oft the Land Development Code- Town Attorney Repperger This ordinance addresses many oft the' Town's stormwater issues and includes requirements to increase the amount of stormwater that must be detained on property. The Town's Civil Engineer also must approve the detention plan. AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING VARIOUS PROVISIONS OF APPENDIX "A" OF THE CODE OF MELBOURNE BEACH, THE LAND DEVELOPMENT CODE; AMENDING SECTION 3A-80 (b), AMENDING THE MINIMUM LEVEL OF SERVICE STANDARD FOR STORMWATER RETENTION; CREATING SECTION 3A-80 (d), WAIVING APPLICABLE EXEMPTION FROM DRAINAGE CONCURRENCY FOR SINGLE FAMILY RESIDENTIAL LOTS WHERE MODIFICATIONS OR RENOVATIONS EXCEEDING A FIFTY PERCENT APPRAISED VALUE THRESHOLD ARE MADE TO EXISTING RESIDENTIAL STRUCTURES; AMENDING SECTION 4A-238 (1), REMOVING REGULATIONS PERMITTING MINOR NONSTRUCTURAL FILL IN COASTAL HIGH HAZARD AREAS; AMENDING SECTION 7A-50 (e), PROHIBITING MARL AS A PERMITTED SURFACE FOR PARKING AREAS AND DRIVEW/AYS; AMENDING SECTION 7A-51, PROVIDING FOR CIVIL ENGINEERING REVIEW OF  Town. Attorney Repperger read the ordinance by title:    SITE PLANS, ADDING STORMWATER RETENTION AND DRAINAGE FROM PROPERTY TO SITE PLAN REVIEW, AMENDING SITE PLAN REQUIREMENTS TO INCLUDE ALL EXISTING TREES, OUTBUILDINGS, AND ACCESSORY STRUCTURES, REQUIRING PROFESSIONALLY PREPARED DRAINAGE PLANS, AND PROVIDING FOR CIVIL ENGINEER CONSIDERATION OF SUBSTANTIAL DEVIATIONS; AMENDING SECTION 7A-51.1, PROVIDING FOR CIVIL ENGINEERING REVIEW OF SITE PLANS, ADDING STORMWATER RETENTION TO SITE PLAN REVIEW, AMENDING SITE PLAN REQUIREMENTS TO INCLUDE MAJOR FEATURES AND FENCES, INCLUDING ALL EXISTING OUTBUILDINGS, ACCESSORY STRUCTURES, AND TREES, REQUIRING PROFESSIONALLY PREPARED DRAINAGE PLANS, AND PROVIDING FOR CONSIDERATION OF SUBSTANTIAL DEVIATIONS; AMENDING SECTION 7A-87, AMENDING USES UNDER SPECIAL EXCEPTION PROVISIONS; PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF INCONSISTENT RESOLUTIONS AND ORDINANCES; PROVIDING FOR TRANSITION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING AN  ADOPTION SCHEDULE.  No changes to the ordinance have been made since the first reading, however, Mr. Repperger commented that the Commission may want to modify the proposed language in 7A-51(e) and 7A-51.1(f)(5) where the additional site plan requirements are: found related to outbuildings, trees and accessory structures. On the development application, reflections oft the minor features are required to be shown on the survey not the site plan. Given that the application has those requirements listed in the survey, the Commission may want to append the language in 7A-51(e) and 7A-51.1(f)(5) with "may be Vice Mayor Hoover made a motion to adopt Ordinance 2019-06 with the changes suggested by the Town Attorney; Commissioner B. First reading of Ordinance 2020-01 regarding fund transfer and budget amendment approvals - Town Attorney Repperger (01:07:14) Town Attorney Repperger read the ordinance by title:  reflected on the survey."  Quarrie seconded. Motion carried 5-0.  AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING SECTION 15-6 TOWN CODE OF MELBOURNE BEACH, BUDGET AMENDMENTS AUTHORIZED, CLARIFYING FUND TRANFERS AND BUDGET AMENDMENTS REQUIRING TOWN COMMISSION APPROVAL VIA RESOLUTION; DELETING SECTION 15-7 TOWN CODE OF MELBOURNE BEACH, SERVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR REPEAL OF  TRANSFERS  OF  APPROPRIATIONS;  PROVIDING  A    CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE; ANDI PROVIDING AN ADOPTION: SCHEDULE.  Commissioner Walters said that fori fifteen years the' Town had an Ordinance that stated clearly that the Town Manager could, with approval from the Commission, transfer monies from one line item to another line item within a department. It was changed because the Town Manager at the time was purchasing things not authorized by the Commission. That Ordinance was in effect and the Commissioners through the years understood it completely. With thej proposed Ordinance, the Town Manager would be allowed to change line items at will within a department. The PDj purchased a drone that was never discussed or budgeted. Our current Town Manager overspent the budget by almost $50,000. $20,000+ was because of Hurricane Dorian but the other part wasn't, which is against the law. No department head or manager can spend more than what is budgeted. All that the Manager has to do is bring thet transfer request to the Commission for approval, she now does itafter thei fact. Commissioner Walters doesn't] know why more money is being spent to create another Ordinance when the other one was SO  straightforward.  Mayor Simmons said the Commission receives a report every month from the Finance Manager that spells out every change that's made in the budget. The changes being discussed are, for instance, the Commission budgeted $200 for boots and they ended up costing $202; a budget resolution should not be required for that kind of transfer. The changes are, however, approved every month ati the regular Town Commission meetings. The reason the budget was overspent is because in October there were more pay periods not accounted for but the overage was approved at the November Commission  meeting.  Mari Williams 312. 2nd Avenue  Ms. Williams said that what Commissioner Walters said makes sense. Oversight is good. She had no idea the' Town purchased a drone; why did we buy it? Maybe there should be a cap over which the' Town Manager can't Mayor Simmons said there are two signatures on every check that is processed and the budget is reviewed every month; every expenditure is authorized. All this is about is ift the Town goes to the trouble of drafting a budget resolution more than once a year. Ifa transfer is made between departments, a resolution is required. Ifat transfer is made in Public Works from trash pickup to tree trimming, a resolution is not required as long as  make transfers but ifit'sunder that amount, it's OK.    their budget isn'toverspent. We get about a twenty page report every month that shows what was under expended and over expended. The Commission Commissioner Runte said the Commission has a lot of macro-management policies in place; he doesn't think that micro-managing people who havel been interviewed and who are qualified and capable is necessary. The reason why the Town has had sO many Town Managers and sO much turnover is probably because they were micro-managed. Town staff has an open door policy and anybody who has any questions is welcome to speak with them directly and  has very tight control over thel budget.  request copies of] public records. Jane Waters 312 6th Avenue  Ms. Waters said she doesn'tunderstand why there is SO much controversy. Is the public not hearing all the sides? She said when one person speaks, another person disagrees SO she doesn't know where the facts lay. Commissioner Walters said she should request a copy of the proposed Ordinance and the previous Ordinance from the' Town Clerk. He read Florida Statute 166.241: The adopted budget must regulate expenditures ofthe municipality, and an officer ofar municipal government may not expend or contract for expenditures in any fiscal year except pursuant to the adopted budget. How did thel budget go over $20,000? Nobody wants to discuss how we ended up with the drone for $2,000 when it wasn'tbudgeted. Mayor Simmons said thel budget is reviewed every month. What was missing when we did the resolutions for budget transfers is that one department was overrun and that overrun was handled by taking money from another department. This resulted in the previously overrun department looking golden and the previously underrun department looking liket they'd overspent their budget. The Commission knows at the end oft the year who over or underran their budget and they are then made whole but the budget is monitored throughout the year. That process allows stafft tol better plan for the next year. As far as thel legality oft the Ordinance, our' Town Attorney has assured us that the proposed process is entirely in keeping with state statutes. Commissioner Quarrie said thej proposed Ordinance shows exactly what language has been added and stricken and she recommends that the Ordinance be reviewed by those who want to fully understand what is being changed. She added that as far as the drone is concerned, it was purchased by the previous Town Manager who the Commission voted to fire.    Mayor Simmons said the Commission manages money, in a macro-sense, very well. Our millage rate is 4-35 this year. Compare that to Satellite Beach's which is 101 mills and Indialantic's which is over 6 mills. We are doing a lot with the Town'si money and that is without any commercial taxes; thel budget consists of property taxes. The State has cut the communication taxes the Town used to receive and keeps almost all the revenue from parking tickets. Also, the Town only receives a 14 percent ofs sales tax receipts. Vice Mayor Hoover made a motion to approve draft Ordinance 2020-01; Commissioner Quarrie seconded. Motion carried 4-1;  Commissioner Walters dissented.  X. Old Business (01:22:58)  Consideration of options regarding Fire Department stipends (tabled from The Fire Chief said he updated the: stipend plan to address questions and concerns posed by the Town Commission from previous meetings. He also met with Labor Attorney Hament and included his recommendations thati include requirements of the State. Asalary survey was also conducted that included local fire departments. The plan was: streamlined and verbiage was added such that if the proposed budget is exceeded, no more: money would be allocated. The stipend plan will be reevaluated for FY 2021 at the end ofthis fiscal year. Commissioner Runte said that there have been four or five meetings on this topic Mayor Simmons explained that the Fire Department has a hard time retaining volunteers. Many of them were recently certified and they are hoping to keep their certification active until they find aj job which results in high turnover numbers. This stipend plan provides them with an incentive to obtain training within ai fast period of time and to put in hours in the station to respond to calls. This function had to be budgeted and it is increasing our Fire Department expense by $80,000 but we are getting a bargain compared to what surrounding communities pay; we are paying about 25% ofwhat Indialantic pays for similar services. The Town Commission and the Fire Department now have a very good relationship. Another savings' Town residents get is on propertyinsurance since having al Fire Department within two miles of every house significantly reduces Labor Attorney Hament said the Length of Service. Award Program (LOSAP) isn't being considered at this time but ifiti is considered in the future there are some  December 4th TCW) - Fire Chief Brown  and he appreciates the clear and concise end product.  propertyinsurance premiums.  considerations that should bel looked at.    Mari Williams 312 2nd Avenue  Ms. Williams said she had occasion to call the Fire Department when a live power line fell in her yard; they responded within two minutes. She also loves what they Vice Mayor Hoover made a motion to approve the stipend plana as presented for FY20; Commissioner Quarrie seconded. Motion  do at Christmas time.  carried 5-0.  XI. New Business (01:31:20)  A. Consideration of options provided by the Town Planner related to boat parking on corner lots - Town Manager Mascaro (moved from New Business, Town Manager Mascaro said this issue was originally brought to the Commissions attention when they discussed boat parking on corner lots. When staff looked intoi thei issue further, they found that there are several paragraphs in Land Development Code (LDC), section 7A-67, that distinguish between interior VS. corner lots. While researching the matter, she also noticed that the maximum length permitted for recreational vehicles and boats is 26 feet; there are many RV'sand boats in Town that exceed that length. She added that, when measuring boat length, the trailer is included and that compounds the issue. Additionally, the Code says that such vehicles and boats can only be plugged in for charging. There are several other reasons to plug in these vehicles such as for dehumidifiers and other electronics that must run for basic maintenance reasons. She would like the Commission to consider requirements for boat/RV parking on corner lots; it's posing a big challenge for those people since it's SO difficult to legally obscure those boats/RV'S. Should we consider raising the legal height of fences or allow for the top portions of thel boats/RV'S to show or simply make the restrictions the same as interior lots? Those on corner lots are being held to a higher standard. While addressing this, the Commission may want to Mayor Simmons said that before moving forward, should this not have gone to the Planning & Zoning Board first for their opinion? Town Manager Mascaro said that's fine, but at the November Commission meeting it was decided that there would be a moratorium on enforcement ofl boat parking on corner lots until more research was conducted sO that's why she's bringing it  Item E.)  address other items in 7A-67.    back tot the Commission. It was decided that this matter would be passed Commissioner Walters asked the Town Manager who started this? He remembered the conversation the Commission had about corner lots, but there was nothing about length that he could recall. The Ordinance has been in effect since 1987 and fora all those years there wasn'taj problem. Now there's a problem and he wanted to know who brought it toi the' Town Managers' attention; 5 people, 10 people? Did those people say that something needed tol be done about allowing longer RV's/boats? The Town Manager said that this was originally brought tol her attention because ofa code issue regarding corner lot parking. While reviewing the matter, however, staff noticed the reference toi the 261 ft. length limit; many boats and RV'si in' Town exceed 26 feet. So, ifthe Commission is going to change 7A-67, they may as well consider other issues in that section of the Code. Commissioner Quarrie said, as the Town Manager said, this was brought up initially because someone on a corner lot was unable to completely obscure their boat from viewafter taking a lot of measures to do: sO. It was at that time that the Commission put a moratorium on enforcing the Code for those corner lot situations while researching options to make the rules more equitable. She didn'ta a agree with Commissioner Walters' attitude toward the Town Manager forl looking at the Ordinance and bringing up toi the Commission other issues that should be looked into. She was letting the Commission know that there are some inconsistencies for them to consider; that's herj job and he shouldn't bec confrontational with her. Commissioner Quarrie added that since the 1980's there may be things in the Code that need to be revisited. Mayor Simmons said he recommends that this matter be referred to the Planning & Zoning Board for a recommendation on how boats, RV'sa and Commissioner Walters said he was confrontational because he sent two emails to the' Town Manager from which he received no reply. When he asks an employee to provide an answer for him he expects his question to be  along to the Planning & Zoning Board for theiri input.  sheds are handled on corner lots.  answered. Holly Madden 608. Mango Drive  Ms. Madden said that in the' Town Manager's narrative, she said that there are many boats/RV's in Town that exceed the allowed length, why haven'tthey been fined? Mayor Simmons said they have been issued citations but they can't be fined until they've gone through a long process. Staff works with the    owners to come into compliance but some are simply unable to comply and they have asked for changes to the Codei to accommodate their situations. He again explained thei moratorium and said that there were: seven or eight code actions on boats or RV's. When Ms. Madden showed dismay about thei issue, the Mayor said the Commission has tol listen to every resident whether in the  majority or minority. Walter Gibbs 1606Atlantic, E1708  Mr. Gibbs said thej problem is not necessarily one oflength but height. Melbourne Beach is residential; there are places where boats and RV's can be  parked.  Lauren Hardman 320 6th Avenue  Ms. Hardman said she was fined fora: 221 foot boat. She appreciates this matter going in front oft the Planning & Zoning Board; our Codes are behind  the times. Glenn Colon Surf& Orange  Mr. Colon said his boati isi in Miami because he can't keep it here. He does  think that those on corner lots shouldn't be penalized.  Debra Marchese 310 1st Avenue  Ms. Marchese said her son lives on 6th Avenue and he has a boat on a corner lot that he now parks in her yard. We: all pay taxes SO we should be ablet to  park a boat on our property. LeAnn Schultz 409 Hibiscus  Ms. Schultz says she feels fortunate tol live in small, quaint Melbourne Beach. She asked the Town Commission to please maintain thel lifestyle in' Town. Shel has and likes recreational vehicles of all sorts. On April 18, 2019, she received a warning about her 24 foot RV being parked in front ofl her house while unloading. She has seen thirty RV's of different lengths being parked in front ofl houses. The house behind her on Banyan Way had ai trailer on their property that was lived in and an RV that is parked next tol her house was also lived in. Itis within ten inches of] her property line and has slide-outs. She doesn'twant people livingi in RV's and allowing them to be parked too close to  the lot line.    Jane Waters 312 Sixth.Avenue equitably managed.  Ms. Waters said that these complaints are all code issues that aren'tbeing The Mayor responded that from the reports the Commission receives, codes are being enforced and then he explained how the code enforcement process works adding that the scofflaw has all thej power. Code enforcement is Commissioner Walters said that Ms. Schultz submitted a complaint in May  severely limited by state law. and it was just resolved recently. Thijs Stelling 610 Mango  Mr. Stelling said he has a large RV. He has worked hard, he has earned it and he wants to enjoy it. He'd) like to see, while this issue is being looked into, if there is the possibility that he could build a garage fori it. Older houses havea lower roof so it's not tall enough for him to build a garage that would be high Commissioner Runte made a motion to send this matter to the Planning & Zoning Board for their input regarding recreational vehicles and sheds on corner) lots, length restrictions and garages that can accommodate RV's; Vice Mayor Hoover seconded. Commissioner Walters said it's frustrating to him that the Land Development Code has been discussed over and over again and here we are suggesting more changes be made toi it. Its should not be a living document. Ordinances cost a  enough to accommodate his RV without violating code.  lot to prepare. Justin Filler 304 South. Palm considered separately. Motion carried5-0.  Mr. Filler suggested that each of the concerns be addressed separately by the Planning Board. Mayor Simmons assured him that each issue willl be  In conclusion, Mayor Simmons said that our code enforcement is proactive and the Officer drives the streets regularly, at different days and times. Commissioner Runte said we should continue to enforce the Code for all  properties except for corner lots.    Commissioner Runte made a motion to continue the moratorium for recreational vehicles on corner lots only, no exceptions: Commissioner Quarrieseconded. Motion carried 5-0.  B. Consideration oft the December 18, 2019 Regular Town Commission Meeting Commissioner Walters questioned why the following had been stricken from  draft minutes - Town Clerk Wilson (02:16:55)  the draft minutes:  Sec. 3.02. ADMINISTKATIVE UNITS OFTOWN GOVERNMENT. (a) The Commission by ordinance may establish, abolish or reorganize, and prescribe the composition, duties and functions ofany Town departments, (b) The Town Manager, as provided under Section 3.03, with the approval of the Commission, may bet thel head of any department. The' Town Commission may! by ordinance authorize the' Town! Manager to create, abolish or reorganize any departments or positions, and further to delegate any oft the duties and authorities of the' Town Manager to said departments or positions. The' Town Manager shall: remain responsible for proper execution of all thei functions oft the Town Manager whether or not such functions have been delegated by the' Town The Clerk responded that given the other changes made to that section of the minutes, she found that verbiage to be redundant but she agreed to Commissioner Walters made a motion to approve the December 18, 20191 minutes as amended; Vice Mayor Hoover seconded. C. Consideration of Resolution 2020-01 amending the fee schedule (related to Ordinance 2019-06) - Town Manager Mascaro (02:22:06) Town Manager Mascaro said this is the resolution and associated fee schedule (exhibit "A") that includes ai fee under Site Plan Review for Civil Engineer review. An applicant is charged the actual cost of the review. There isn'ta dollar amount because it depends on howl long thei review takes and who performs it. Mayor Simmons asked how the applicant will know what the cost will be for Civil Engineer review. Until such time as staff gets a good feeling about the average cost, they'll contact B.S.E. prior to any submissions to get an estimate. Finally, a builder can use whatever engineer he/she chooses but Vice Mayor Hoover made a motion to approve Resolution 2020-01, amending the fee schedule; Commissioner Quarrie seconded.  agencies and offices.  Manager to other departments or positions.  add it back into the minutes.  Motion carried 5-0.  the review must be performed by the' Town's engineer.  Motion carried 5-0.    D. Consideration of change to development application form (related to Ordinance 2019-06) - Town Manager Mascaro (02:28:56) Town Manager Mascaro outlined what was added toi the development application in the site plan section in order to align it with Ordinance 2019- 06. The Commission made a couple changes to be incorporated in the development plan application in the section covering site plans. The completed edits for Site Plan for Single Family. Development and Site. Plan  for duplex, multi-family and/orc commercia/include:  Adding Civil Engineer to the group ofthose who will review/evaluate Professionally prepared plans in compliance with Ordinance 2019-06 Making Drainage Site Plan showing. flow paths and retention areas to meet certification requirements. (3A-80 & 7A-51.1) more prominent. Adding and the Drainage Site Plan to the end of the following clause: Ten (10) 11X17 Complete sets of plans (all information as outlined in item 3 above) including a copy of the survey both existing and  site plans.  proposed and the Drainage Site Plan.  Commissioner Runte made a motion to approve the development application as amended; Vice Mayor Hoover seconded. Motion E. Consideration of new chapter in the' Town's Policies & Procedures manual about budgeted fund transfers (related to Ordinance 2020-01) - Town This new policy establishes procedures fori implementing intradepartmental transfers, interdepartmental transfers and interfund transfers and was written Vice Mayor Hoover made a motion to approve the addition of Chapter 25 to the Policies & Procedures manual; Commissioner Quarrie seconded. Motion carried 4-1; Commissioner Walters F. Consideration of Safebuilt contract renewal - Town Manager Mascaro  carried 5-0.  Manager Mascaro (02:36:42)  in conjunction with Ordinance 2020-01.  dissented. (02:37:27)  This renewal is for one year at the current rates. Safebuilt has notified us that ifwe renew next year, the rates will increase. Also, the Building Official, Marc Meyers, is retiring in six months. Mayor Simmons said ift the Commission    thinks we should find a new Building Official, we should spend the next year doing SO. Town Manager Mascaro said there are probably people out there who would be a good fit; we can terminate Safebuilt with a 90 day notice. The state requirements for Building Officials are very stringent so the market is tight. There's also high liability. Commissioner Runte said personal referrals are the way to go when recruiting a Building Official and when the time comes, he will help in the process. Town Manager Mascaro said she'd like to combine the Building Official and Code Enforcement positions and offer a salary of $90,000 plus benefits. This would cost less than our current Commissioner Walters made a motion to approve the Safebuilt contract for one year; Commissioner Runte seconded. Motion The Commission consented to adding an action item to research compensation and requirements for Building Officials.  staffing cost for both positions working fewer hours.  carried 5-0.  G. Consideration of Resolution 2020-02 regarding safetyimprovements on A1A The Town Manager received a request from Mark Ryan, City Manager of Indian Harbour Beach, to pass this resolution encouraging the FDOT to take steps to reduce the posted speed limits on SR. A1A and make the current flashing lights flash red instead of white. This is part of the on-going pedestrian safety projects in support ofthe SCTPO Vision Zero initiative to reduce traffic accidents and fatalities. This request is in response to a young Mayor Simmons said he can'tsupport reduced speeds on A1A and flashing red lights on a state highway. What he could support is revised signage such that the pedestrian knows not to enter the crosswalk until traffic has stopped. The red lights would give pedestrians right of way from Melbourne Beach to Cape Canaveral. The Commission agreed that issues related to pedestrians crossing A1A is a problem but they didn't agree that this resolution was the solution. Commissioner Walters suggested having Chief Griswold talk to SRO Vila about teaching the children at Gemini about pedestrian safety. The Commission consented to taking no action on Resolution Commissioner Quarrie said she'd like to have somebody else be a member on the South Beaches Coalition. It's hosted this year in Indian Harbour Beach.  - Town Manager Mascaro (02:48:41)  girl being killed while crossing A1A in December 2019.  2020-01.    She has not missed a single meeting and her experience is that they last for ten minutes and nobody listens to anything that member communities have to say. She said they don't listen and don'ts seem to want input. Ifnobody else wants to go she said they should be notified that nobody from Melbourne Beach will attend the meetings because there's no value added. They can call us ifthey need us for any reason. The Mayor suggested telling them that a representative from Melbourne Beach won't be attending their meetings H. Discussion and possible action regarding the adoption of sediment and erosion control requirements for lots under development - Mayor Simmons Mayor Simmons said that a house across the street from him is being builtand every day the trucks are in and out and dirt is being deposited on the street by those trucks. When that dirt and debris ends up in our storm drains, it ultimately ends up in the river. Dr. DeFreese told us that the muck in the riveri is largely comprised of soils, clays and things like that that come through the storm drains. In Anne Arundel County, Maryland, they are required to come up with a plan that keeps dirt on properties. They are requiring silt fencing, something that knocks the dirt off tires prior to entering the roadway (such as gravel) and they are required to clean in front of the construction site Commissioner Quarrie thought we were already taking sediment control measures. Itturned out that those measures are: spelled out in our Code and The Commission tasked the Town Manager with determining if current controls were in effect and, ifso, why they were not being implemented by the  anymore and to call us if they need us.  (03:01:24)  daily.  the Florida Building Code but they aren'tbeing enforced.  Building Official consistently.  Sediment control was added to the Action Item list.  XII. Staff Reports  A. Town Attorney Report - Town Attorney Repperger said he is still planning on having the first reading oft the short term rental ordinance for the February RTCM but he'd like to discuss the draft version with the Commission before B. Town Manager Report - Town Attorney Mascaro mentioned that the Town received a check from Ring's Manufacturing for $3,398 for the Police Department. The money will be used to update their electronic citation system that the State has been on them to update; we are one of the few  that at the February Workshop.    municipalities that has not dones SO. The donation will pay for thel hardware and software necessary to produce electronic tickets. Our Code Enforcement Officer, Jim O'Byrne who has 35) years inl law enforcement, secured the money The' Town Manager also said that money was put into thel budget to paint the Community Center and since it's the 100th birthday, it's something that Public Works is planning to dos soon. She asked the Commission ift they had any Referring to an item on the Manager's report about a "budget" for the Planning & Zoning Board allowing them to discuss pertinent issues with the Town Planner, Mayor Simmons suggested that they request funds on an as- Commissioner Walters asked the' Town Manager ifs shel had changed the format oft the invoice list. She answered that shel had not. He then asked if she would ask the Planning & Zoning Board ift they would expedite the boat/RVissuel by holding a special meeting. She answered that she would. He added that he'd like the amount oft time for loading/unloading, prior to storing, tol be longer than six hours. He said the problem is with storage. The Commission took a break and reconvened at 10:06 p.m.  fort the Town through his relationship with Ring's.  color preferences -1 they did not.  needed basis. The rest oft the Commission concurred.  Town Clerk Wilson conducted thei roll call.  Commissioners Present: Mayor. Jim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherri Quarrie Commissioner Corey Runte Staff Present: Town Manager Elizabeth Mascaro Town Clerk Nancy Wilson Fire Chief Gavin Brown Public Works Supervisor Tom Davis Town Attorney Clifford Repperger  Before moving on, the Town Manager asked the Commission how they felt about the lift truck that was mentioned by the Public Works Supervisor in his quarterly report. Mayor Simmons asked where the money would come from. Ms. Mascaro answered that they could use the leftover money from the' Town    Hall flooring budget that was going to possibly be used for new: flooring in the PD plus money that was already allocated for trimming the sea grapes in Ocean Park along with palm/tree trimming which totals about $5,000. The Mayor's issue is that Public Works keeps getting more equipment but doesn't get more people. Public Works Supervisor Davis said that in some respects, thel lift would make their job easier because they'll be ablet to use it asa maintenance van as well, storing touch-up paint, tools, etc., in it when they go toj job sites. He also said ownership leads to a successful team. He has one employee who has taken "ownership" of the ditch witch and knows all about it. He'll have another do the same with thel lift. He could use a fourth employee but this equipment will help them, not bog them down, in the meantime. The ROI would take less than two years. In conclusion, Mr. Davis said he doesn'tl know how Public Works got along for all those years. After discussing the matter: further, the Town Manager referred tot thel budget and explained how both the speed trailer and lift could be purchased while  staying within budget:  $5,000 allocated in the budget for the speed trailer $6,000 remaining from what was budgeted for the floor $4.990 allocated in thel budget for tree trimming  $15,990 total available  minus $ 8,500 for thel lift van, leaving $7,490 for the speed trailer  It was determined that both the lift van and speed trailer could be purchased. Commissioner Runte made a motion to approve the request from the Public Works Supervisor for $8,500 to purchase thel lift vehicle for Public Works using moneyleft over from what was budgeted for the floor and the money allocated for tree trimming.solongas the speed trailer is purchased; Vice Mayor Hoover seconded.  Motion carried 5-0. . Town Clerk Report - noi report D. Departmental Reports:  1. Building Department - no comments  2. Public Works Department = Mayor Simmons asked ift the PW Supervisor knew who broke the stormwater drain on Rosewood. He answered that he didn't but that itl has been repaired. Mr. Davis said they are going to be working on the swale on the west side of Ocean Park. Locates have been done. They will do four feet for the whole width with a one: foot bottom drop; it will be a gentle slope. They also just finished a 4'x4' installation to  secure the picnic roofs.    3. Code Enforcement - the complaint about someone living in an RV was 5. Fire Department - Fire Chief Brown said he met with six different fire departments, three of which have done their floors recently. They either have polished concrete or use: a polymer epoxy. He wants to continue researching SO we don'tend up in the same position again. Chief Brown is going to a convention next week where he will check out flooring options. Commissioner Runte said he will help when thet time comes to choosea contractor. He also mentioned a product called granite grip. Thel Fire Department was open the previous weekend with the new  addressed  4. Police Department - no comments  employees.  6. Finance Department - no comments  Vice Mayor Hoover made a motion to approve the finance report as presented; Commissioner Quarrie seconded. Motion carried 4-1with Commissioner Walters dissenting.  XIII. Town Commission Comments A. General Comments  Mayor Simmons said there was a walk-on agenda item - Commissioner Walters provided ai rebuttal to explain his "no"vote on a matter at the October 16, 2019 meeting. The meeting rules on this read:. Minutes may have attached to them an explanation why a member ofthe Town Commission voted in a particular matter. Said explanation shall not be subject to a vote by the other Commissioners and shall not exceed. 250 words. The explanation must be submitted by the agenda closing datej for the next regular meeting. Said explanation shall not contrast the Commissioner's vote with other members ofthe Commission. Said explanation shall show respectf for the position ofother Commissioners and shall merely explain why the Commissioner voted as he or she did. The explanation may be expungedfrom the minutes and maintained as a separate public record byo a majority vote ofthe Commisiboner/or/alune to adhere to this rule subsection. The Mayor said he would submit that the rebuttal fails to adhere tot the meeting rules. It does not show respect for the position of other Commissioners; it does not explain why the Commissioner voted as he did and; it does contrast the Commissioners vote with other members ofthe Commission. He said he would entertain a motion to expunge this from the  minutes and maintain it as a separate public record.    Vice Mayor Hoover made a motion to expunge Commissioner Walters' statement from the minutes and maintain it as a separate Commissioner Walters said the Mayor's position isn'tcontrasted. What he said the Mayor did was say that Commissioner Walters accused the Vice Mayor of a felony - no such thing is in the minutes. Commissioner Walters said he didn'tcontrast anyone's vote with any other vote, he just stated the facts. He continued by saying the Mayor didn'thave any problem with the Vice Mayor saying that Commissioner Walters constructed fiction about him: He (Vice Mayor Hoover) said Mr. Walters has constructed fiction about him; his reputation in the community doesn't reflect Mr. Walters' lies..... Mr. Walters' behavioral trend is attacking people and just this week he accused (from October 16, 2019 minutes). Commissioner Walters said nothing he  public record; Commissioner Runte seconded.  said is in violation of the rules.  Motion carried 4-1; Commissioner Walters dissented  Mayor Simmons said that the statement provided by Commissioner Walters will be expunged from the minutes and maintained as a separate public  record.  B. Review of Commission Action List  The Commission closed the following action items:  Fire Department stipend comparison between old and new programs  Fire Department stipends  Town Commission approval of fund transfers Civil Engineer to review site plans for drainage **  Update to LDC requiring that surveys show outbuildings that will be installed, removed or modified and tree locations for single family P&Z Board -) Land Development Code. Action Items ** ** closed by adoption of Ordinance 2019-06 The Commission opened the following action items:  residences **  Research availability and compensation for Building Officials  Sediment Control  XIV. Adjournment  Vice Mayor Hoover made a motion to adjourn; Commissioner Runte  seconded. Motion carried 5-0.    The meeting adjourned at 10:43 p.m.  ATTEST:  S5 James D. Simmons, Mayor  Clerk  E