Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING WEDNESDAY MAY 20, 2020 at 6:30 p.m. COMMUNITY CENTER - 509 OCEAN AVENUE  MINUTES  The Town Commission conducted a Regular Town Commission Meeting  on Wednesday May 20, 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 Interim Town Clerk Jennifer Torres Town Attorney Clifford Repperger  1    I.  Call to Order - Led by Mayor Simmons Mayor Simmons called the meeting to order at 6:35 p.m.  II. Roll Call  Interim Town Clerk Torres conducted the roll call.  Commissioners Present: Mayor. Jim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Corey Runte Staff Present: Town Manager Elizabeth Mascaro Interim Town Clerk Jennifer Torres Town Attorney Clifford Repperger  III. Pledge ofAllegiance and Moment ofSilence  Led by Mayor Simmons  IV. Presentations  Mayor Simmons explained that the meeting would be handled significantly differently, especially as far as public comment goes. He read the procedures that  were included at the beginning of the agenda  A. Proclamation Recognizing National Safe Boating Week, May 16-22, 2020  The Mayor read the Proclamation and proclaimed May 16 - 22, 2020as  National Safe Boating week.  B. Proclamation Recognizing Police Memorial Week, May 10-16, 2020  The Mayor read the Proclamation and proclaimed May 15, 2020 as Police Memorial Day and May 10-16, 2020 as Police Memorial Week. He advised that normally this would have been read last month but the meeting was  cancelled due to COVID-19.  C.0 Citizen of the Year  The Mayor said normally the announcement of Citizen of the Year would take place during Founder's Day with quite a few more people. He said this year's selection was one oft the most obvious he's ever seen and announced the  2    Citizen of the Year 2020 was Crystal Cain - The Mayor then read the Ms. Cain was then presented with the Proclamation and Public Works Supervisor Tom Davis presented her with a "golden shovel" as a gift. The meeting was adjourned at 6:46 p.m. to celebrate the Citizen of Year with  Proclamation.  cupcakes and iced tea.  Mayor Simmons reconvened the meeting at 6:53 p.m. with Roll Call. (23:55)  Interim Town Clerk Torres conducted the 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 Interim Town ClerkJennifer Torres Town Attorney Clifford Repperger  V. Public Comments Betsy Baird 1111 River Road  Ms. Baird said she was there to talk about Pine Street. She said people use it for walking and riding bikes and mothers push their babies while cars go by and she asked the Commission to consider erecting a pedestrian sign indicating it isa a  pedestrian friendly street. Curtis Byrd - EAB Commissioner 306 Surf Road  Curtis Byrd, Commissioner of the Environmental Advisory Board, said the EAB had a successful Zoom (virtual) meeting last month and plan to host one again this month. He acknowledged the Town Manager and the' Town Clerk, who he said did a great job organizing it - and he hopes to continue to offer the option of virtual Zoom meetings in the future from the Masny room sO people from all over can attend. Mr. Byrd then went on to say the EAB just finished with their most recent internship and they think Ms. Taylor Greene did a fantastic job helping the board implement some oft the guidelines for sustainable actions. He went on to say that Ms. Greene worked with Public Works Director Davis and one big item the board is looking at is a water fountain in Ryckman Park and making iti into a water bottle refill station. Mr. Byrd said that Ms. Greene also gave the Town  3    Manager information about electric car charging stations and ideas for what we can do in the future. He explained that Ms. Greene also helped create a mapi that showed Ocean Avenue and what we can do to make it al little greener - such as rain gardens, recycling areas, rechargeable areas, more signs, etc. Mr. Byrd said he was very happy with the work done and hopes tol have another intern next year  from Florida Tech. Deborah Marchese 310 1st Avenue  Ms. Marchese said she wanted to add on to thej pedestrian walking item. She said she walks every day and while she doesn'tthink it's the Town's responsibility- there are a lot of people whol liket toj plant things right on - or next to -1 the sidewalk. Ms. Marchese said shel has to duck all thei time to walk along the sidewalk and believes there should be some kind of setbacks. She also thinks that residents there should be responsible for cutting their plants sO people can walk  on the sidewalk. Betsy Baird 1111. River Road  Ms. Baird said she thinks it would be a nice thing to add a bird bath on Pine  Street like the one that was at Gemini.  Mark Shields 703 Pine Street  Mr. Shields said he was here on behalf ofa a friend who was hoping to play at the Founders Day concert. Since it was cancelled = or will bej postponed - his friend wants to do a benefit concert for first responders, police and fire. He said he contacted Town Manager Mascaro and she advised him to come to this meeting and share his friend's available dates. Mr. Shields said the name ofthe group is Unit 5 and the days they are available are: June 20th, July 18th, or August 1st.  Dan Brunger 400 6th Avenue  Mr. Brunger wanted tol know: ift the no parking signs on, 5th Ave and 6th Ave, adjacent tot thel beach access will remain in place or bei taken down. He also wanted tol know ifthere was an update on the number ofCOVID-19 cases in Mayor Simmons responded that according to Florida' Today newspaper there are three cases in Melbourne Beach but that doesn'tmean they are in our' Town. They could be anywhere from here to Sebastian Inlet. He went on to say that the County doesn'ts share the exact location unless there is a 911 call. The Mayor said  Melbourne Beach.  4    in regard to the noj parking signs that issue would be addressed in the early part  oft tonight's agenda. Honor Murphy 306. Hibiscus Trail  Ms. Murphy said shel has aj petition representing thel homes on Hibiscus Trail that have swales and grates underground. She stated that thej petitioners no longer believe that the previously installed grates and swales are required due to the She asked that the' Town to consider allowing the owner to move ahead with his project at 304 Hibiscus Drive and presented a petition reflecting that view. The Mayor asked her tol hand the petition to the Town Clerk.  changes madei to driveways, etc.  Doug Hilmes 443 Riverview Lane  Mr. Hilmes said he wanted to thank the Commission for hosting the meeting with the option oflistening outside. He also listed the following items for Commission  consideration  Live streaming of Commission meetings Allowing boards to have their meetings virtually Reinstalling thel basketball hoops in Ryckman Park  Mayor Simmons said that live streaming presents issues with. ADA compliance and that many municipalities have stopped. As for remote meetings, the Mayor said it was at temporary measure allowed due tot the COVID-19 pandemic. Normally iti is not allowed by Sunshine Law. Public Works Supervisor Davis said  the basketball court is now open.  Brian Blackwell 303 Hibiscus Trail  Mr. Blackwell said he was there to support Honor and that there are many children playing in these ditches. He said there is always standing water that never drains. He: said the' Town got Hurricane or grant money and spent it on  these unnecessary measures that don'twork.  VI. Approval of Agenda (42:41)  Commissioner Quarrie moved to approve the agenda as modified; Vice  Mayor Hoover seconded: Motion carried 5-0.  VII. Consent Agenda  5    A. Approve distribution of funds tot the Edward Byrne Memorial JAG Program for the  Brevard County Prisoner Transportation Program.  Commissioner Quarrie moved to approve the Consent Agenda as presented; Vice Mayor Hoover seconded: Motion carried 5-0.  VIII. Public Hearings  A. Second reading of Ordinance 2020-02, regulation of vacation rentals -1 Town  Attorney Repperger (43:34)  Town Attorney Repperger read the ordinance by title.  Commissioner Walters stated that the Commission had received proposed changes toi the ordinance by email today and that, while they may be valid, he did Mayor Simmons asked ifa anyone objected to adding in occupant names to the requirement to retain rental agreements (along with license plates). There were Mayor Simmons read the resident's email that had been submitted to the Commission today. After much discussion, the Commission agreed to defer the first four items (defining maximum occupancy during the day, prohibiting events such as weddings from being conducted, prohibiting use oft the pool, etc aftera defined hour, and requiring liability insurance) for a potential future  not have sufficient timei to review them.  no objections.  modification toi the ordinance. Public comments Deborah. Marchese 310. 1st Avenue  Ms. Marchese said she just thinks it is stupid and ifthe homeowner wants  cameras up then let them. Kim Atkinson-Cowles 214 SurfRoad  Ms. Atkinson-Cowles said the majority of sexual offenses are not going tol happen in in a vacation rental whether we have cameras or not and added that she didn't really want her next door neighbors tol have cameras buti if a property owner wants to have one then that is up to them. She said shei is very disappointed to  6    hear that her Commissioners don'tmake it terribly easy tol be in the community  and keep us as safe as they can.  Dan. Brown 400 6th Avenue  Mr. Brown said that he has not seen sexual predators and the folks that do those kinds oft things happening in vacation rental homes. He inquired as to the type of camera that would be required and stated that the home owner should be responsible for that vacation rental. It's not the Town's business to come in and bej part of a nanny state. He said he prefers as minimal interference as possible After much discussion [including items 5 and 6 ofthe resident's email (requiring cameras and objecting to the identification of sexual predators by the owner) and inc consideration of Public Comments], the Commission directed the' Town Add occupant names and vehicle descriptions to the owner-maintained Change the wording in 74-25 (d) from shall inquire "at check in"t to "prior to" Commissioner Quarrie moved to approve Ordinance 2020-02 with the two changes and an effective date of August 1, 2020; Commissioner Runte seconded; Motion carried 3-2with Vice Mayor Hoover and Commissioner Walters casting the dissenting votes.  Attorney toi make two changes to the Ordinance;  record. check in  IX. Old Business (1:32:50)  A. Discussion regarding results of the Parking Survey - Town Manager Mascaro  Town Manager Mascaro asked if Adam Meyer (who compiled the survey results) The Town Manager summarized the results oft the survey and stated that, asa result oft thet temporary emergency measures recently enacted, shel had received a lot of messages of support for the current no-parking signs and for metered The Commission agreed to discuss on-street parking in the areas of east ofOak,  would like to speak. (He declined.)  parking at Ocean Park.  north of Ocean, east of Orange and south of Ocean first.  7    Commissioners Runte and Quarrie said that, since COVID, there is even stronger support for paid parking and increased parking management that supports a comprehensive solution that considers thei impacts to businesses and residents. Vice Mayor Wyatt Hoover said he was in favor of restricting parking at the street ends in the zones mentioned but that we should allow the purchase ofs some annual visitor passes. He also stated that he is usuallyin favor ofincremental approaches but in this case he favors paid parking at Ocean Park. Mayor Simmons reminded the Commission that Ocean Park is state-owned land and as part of our lease with the state, we can'toffer resident-only free parking there. He stated that, by the comments of about 8-10 survey respondents, some Commissioner Walters stated several of] his concerns included the impact to our businesses (including potential for loss of business and impacts to their parking area); cost ofinstallation, administration and enforcement (and impacts to policing of other areas); that the costs would exceed the revenues; that the survey was "skewed"; that visitors will go to other beaches, that experts in the past had not supported paid parking, and thati it would require an increase in staff. For these reasons, he stated that he would oppose these measures. Much discussion ensued regarding where people are parking and the impacts to residents and businesses and maintenance costs (with Mayor Simmons holding up a picture of avandalized toilet in Ocean Park), revenue projections, system costs (including installation and administration), current and proposed fines, cost of resident Commissioner Quarrie referenced the results oft the parking survey, saying they were overwhelmingly in favor of the proposals and that we need to respect that.  people did not understand that.  stickers, etc.  Public Comments Lisa Farrell 413 Magnolia Avenue  Ms. Farrell said she doesn'tl know about paid parking but she doesn'tv want residents to have toj pay for anything and questioned why we are paying $30,000  repaving the lots etc.  Mayor Simmons responded that our lease is $1 per. year.  Ms. Farrell continued, saying she doesn'twant residents to have tol buy stickers because they should not havei to pay a red cent and in addition to seeming  ludicrous, she is concerned with needing extra staff.  8    Deborah Marchese 3101stAvenue  Ms. Marchese said that looking at thel budget projections - iti is not complete - and that shei is against paid parking, explaining that this is not New Yorka and, while she does sympathize with the situation in thel bathrooms, she's not sure what they are trying to resolve here. She said no one who lives here should pay a dime, adding that her husband may one day be unable to walk toi thel beach and Mayor Simmons clarified thati it was residents only at the crossovers because they can'tmake Ocean Park resident only per thei terms ofthel lease with the State and that we: are trying to recoup some oft the costs that visitors impose on the' Town. He reiterated that we cannot allow free resident parking at Ocean Park ifwel have Ms. Marchese said we: should give it back to the: state and let them maintain it. Mayor Simmons said to give back a park in the middle ofTown toi the state - leaving the Town with no control doesn'tseem to be a good option.  he should not have to pay to drive there and park.  metered parking.  Honor Murphy 306. Hibiscus Trail  Ms. Murphy suggested making thej parking lot bigger and said access at Ocean Avenue is handicapped access, crossovers are not. She asked ifthere was a way to have handicapped accessible access for free without being penalized. She stated shel has no problem having people pay - they payi in Indialantic and people are  just streaming down here. Doug Hilmes 443 Riverview Lane  Mr. Hilmes said he agreed with the speakers before him and that it sounds like we are paying $40,000 year. He: said he realizes there are control issues but we should give itl back. He went on to say that sign pollution on A1A is terrible and he agreed with Commissioner Walters regarding parking, adding it's not fair to our businesses to put this on them. One morning, he said, after a launch, he ate at Sunnyside and there were parking spaces open and most times oft the day it's not crowded. He also said he agreed with Commissioner Walters about paying more for parking tickets - as he would rather have police enforce the 35 mph speed  limit than writing parking tickets. Kim Atkinson-Cowles 211 SurfRoad  9    Ms. Atkinson-Cowles: said we all live here because we lovei it and we want to keep it that way. After being told that less than 20% oft the residents had responded to thes survey, she stated that she was concerned. She said the: survey went out with three questions that shei thinks should be separated because there are three things to deal with = Ocean Park, crossovers, and street parking. She stated that we have no parking signs up now maybe we should just leave those. She also objected to not allowing visitors toj park on thei residential streets.  Adam. Meyer 214 Surf fRoad  Mr. Meyer said he thinks that the people who want change are more apt to respond to the survey and noted that the people whol live 1st through Surfvoted not tol have on-street parking. He said hei thinks ify you decide to do this decal thing, he personally believes everyone in Town should have tol have one. Mayor Simmons said he would never vote to return Ocean Park toi the state and made reference to the recent County decision toi reopen County beaches within municipal boundaries over the objections of the municipalities. Mayor Simmons said they could break it out to resident only parking in the golden triangle and go by resident desire. He asked ifa anyone else was interested After discussion became heated, Mayor Simmons called a five-minute breaka at Mayor Simmons called the meeting back to order at 9:21 p.m. with Roll Call. Vice Mayor Hoover made a motion to ask the' Town Manager to come back with a proposal for stickers for the area known as "the Golden Triangle" in Melbourne Vice Mayor Hoover moved to ask Town Manager Mascaro to come back with aj proposal for stickers in the Town of Melbourne Beach known as the "Golden Triangle" at no cost to residents: Commissioner Quarrie seconded; Motion carried 4-1with  in approaching it that way 9:16 p.m. (2:42:03)  Beach which was amended at Commissioner Runte' s request;  Commissioner Walters in dissent.  Mayor Simmons moved on tot the crossovers and asked if we want to make that Addressing Commissioner Quarrie's question, Vice Mayor Hoover said that what we are considering is saying yes or no - do we want the Town Manager to work up  resident only?  a plan for review and discussion at a future meeting?  10    Commissioner Quarrie said she thinks it should be fast tracked.  Vice Mayor Hoover asked the Town Manager if she can present it at the next Commissioner Quarrie moved to make crossovers resident-onlywith Commissioner Runte said he thinks we should allow guests to purchase guest decals and wanted to amend her motion to allow nonresidents to purchase Various options for guest parking were discussed by the Commission.  workshop and she agreed.  free decals at the crossovers:  decals. Commissioner Quarrie declined. Motion died for lack ofas second.  Vice Mayor Hoover moved to ask the Town Manager to present a proposal for decal-only parking at end ofstreet parking beach accesses for residents with a limited number available to guests; Commissioner Walters interjected to say that what this will do is put all people  Commissioner Runte seconded;  who want to park at beach accesses on the residential streets.  Further discussion about parking ensued.  Commissioner Quarrie said - for crossovers - she did not want nonresident Commissioner Runte pointed out that the Town didn't have to do the survey - but did it to get public input and people had a chance to voice their opinions. He said he's received a lot of emails from residents who echo the sentiments in the survey and letting a couple voices put us in a tailspin is not howi it's supposed to work. He said we have had three meetings to talk about this and only a handful of  decals and added that guests can park at Ocean Park.  people are negative.  Vice Mayor Hoover withdrew his motion  Commissioner Quarrie moved to have residentonlyparking on crossovers by permit; Commissioner Runte seconded; Motion carried 3-2 with Vice Mayor Hoover and Commissioner Walters dissenting. The Mayor asked ift they wanted to have paid parking in Ocean Park. Commissioner Quarrie moved to have the Town Manager get a proposal for paid parking in Ocean Park with budget costs including  11    the potential effect on the police department: Vice Mayor Hoover seconded; Motion carried 4-1with Commissioner Walters dissenting. Town Manager Mascaro shared that the feedback she's receiving is that residents Mayor Simmons said if we go to resident only parking in these areas then it Commissioner Runte and Commissioner Quarrie requested a map oft the no  like the no-parking signs and would like them to remain.  becomes open parking in the other areas.  parking sign locations.  B. Discussion and review of 10-year Capital Plan - Action Item - Town Manager  Mascaro  Mayor Simmons said this item is in response to an action item. He suggested that the Commission accept this for review at the budgetworkshops scheduled.. All  agreed. X. New Business  A. Consideration of amended March 18, 2020 RTCM draft minutes - Interim Town  Clerk Torres (3:21:07)  Mayor Simmons said that there were a few things highlighted in red where edits Commissioner Quarrie moved to approve the minutes from the March 18, 2020 Regular Town Commission Meeting as amended; Vice Mayor  were made. There were no questions or comments.  Hoover seconded; Motion carried 5-0.  B. Discussion and possible action regarding Binding Development Agreements, Rezone  Mayor Simmons (3:27:57)  Mayor Simmons said he would explain this item but suggested they push it out because there was no hurry on it and they needed to move this meeting along. Mayor Simmons explained that, several years ago, the Osceola Building owner had suggested a Binding Development Agreement (BDA) as part of a potential Mayor Simmons explained that a BDA is binding on all current and future property owners, thati it's registered with the Clerk of the Court (so property searches would show any binding agreements), and that it is binding on the property in perpetuity (unless revised by the Town and property owner).  zoning change request.  12    The Mayor said their previous Town Planner, the current Town Planner, and P& Z (twice- made up oft two different boards) as well as our current Town Attorney had all stated that the best way to ensure agreements are binding on a property forall owners (current and future) was through a BDA. They unanimously recommended that the' Town revise the LDC to allow BDAS as part of a rezoning. Commissioner Quarrie clarified that the property did not currently have a BDA and wanted tol knowi if that meant the owner would be reopening the issue for Town Attorney Repperger interjected to say that, for the Osceola Bldg. property, the Town had the code to allow for vested rights for prior granted special Mayor Simmons said that this item is not specific to any current or anticipated change to that or any other property; the question is rather do we want the Town Item deferred untilJune RTCM by unanimous Commission consensus C. Discussion and consideration to allow Town Staff to contact FDOT to transition the speed limit to remain consistent at 35 mph for drivers from 192 to the southern border of Melbourne Beach Town Limits - Vice Mayor Hoover  that property.  exemptions SO there is no anticipated rezoning request.  tol legally allow them at all.  Commissioner Hoover said that we. have all probably heard from residents that the speed limit is too fast on A1A. He said the issue was not limited to pedestrians crossing to go to and from the beach and spoke of several examples where cars have been hit or nearly hit in pulling out of driveways because cars were traveling too fast around the blind curve on A1A He also said that the speed reduction from Pineda to the Melbourne Beach Town limit was inconsistent with Melbourne Mayor Simmons said he is concerned with traffic flow and that, in the past, impediments toi through traffic on A1A has made detouring through residential streets (specifically Riverside, Shannon and Pine) much more attractive to After much discussion, Mayor Simmons asked ifthe Commission would agree to lowering the speed limit north of Ocean Avenue, but, leaving it at 40 mph south  Beach's 40 mph limit which also caused problems.  through traffic.  of Ocean Ave. The Commission agreed to this suggestion.  13    Public comments Doug Hilmes 443 Riverview Lane  Mr. Hilmes said he would love to go 35 mph but he can't- he goes 30-35 mph and A1A is a highway and the people who purchased a home knew that when they bought. He said it's akin to buying a house by an airport and then complaining. Mr. Hilmes said the most people are going over average is 43. He then addressed Vice Mayor Hoover's comment regarding 13 seconds, saying, what winds up happening is that you add hours over time to people's commute. He believes that what we. have is a speeding problem at night that needs enforcement but the  speed limit shouldn't be changed. Deborah Marchese 310 1st. Avenue  Ms. Marchese didn'tthink we had a problem on A1A with the speed limit but that there is a problem at the light at Ocean and A1A. Traffic backs up when people are either taking that corner or going straight. As for the speed limit, Ms. Marchese said that it used to be no one sped in Melbourne Beach - but now no Mayor Simmons responded by saying there are only two officers on the road at any given time. He added that the' Town keeps a very small portion from each speeding ticket and there is not a lot of room to increase the police budget. Vice Mayor Hoover moved to ask the Town Manager to collaborate with the Town ofIndialantic to make a joint request to FDOT for a reduction in the speed limit on A1Ai in Melbourne Beach north of Ocean Avenue to be consistent with the rest ofA1Aat35 mph; Commissioner Quarrie seconded; Motion carried 5-0.  one is writing tickets. She said enforcement is the issue.  D. Discussion and Consideration regarding the creation of a ballot referendum to amend Ordinance 2.03, changing elected terms to four (4) years - Vice Mayor  Hoover (3:52:38)  Vice Mayor Hoover said he does not have strong emotions about this issue but thinks it should be aligned with the rest oft the country and instead of every three years, an election every four years would save on the cost of elections. He said that ifv we change thei term to four years, this year the Mayor would be in line with the presidential election and next years elected office would be for three years and jump to 4years in a 2024 = sO they would eventually all be on a 4-year cycle.  14    Public comments Doug Hilmes 443 Riverview Lane  Mr. Hilmes agrees that aligning with the standard election cycle is good and it saves us money - but he would rather see it go to two year terms or you could have someone in office for ten years. He said the code intended tol keep officers in less than six years. Mr. Hilmes advocated that the' Town should change the terms  to two years. Dan Brunger 400 6th Avenue  Mr. Brunger said he supports two-year terms and feels we don't need career politicians because this is considered a citizen operated government and ifwe Mayor Simmons said he was against the proposal to increase the election term to Commissioner Quarrie agreed - saying it's not a career - you do it from the heart. But she doesn't think two years is enough time to learn the process and Commissioner Runte also said he thinks it should remain at three years, two Commissioner Walters agreed it is a big learning curve and two years is not enough time to learn all the laws and codes but four years is too long.  have someone in office too long it becomes a career.  four years.  she prefers to leave it to a three year term. years is too short - and four is too long.  E. Discussion and consideration regarding feasibility of a special event permit allowing restaurants to create a temporary outdoor dining area in their parking lots - Vice Vice Mayor Hoover said that in Indialantic they are ignoring their codes regarding outdoor dining and signs etc. He's not saying they need tol be that lax about it - but he thinks we: need to reach out to business owners to have the discussion sO people can dine outdoors and socially distance.  Mayor Hoover (4:03:29)  Commissioner Runte agreed.  Commissioner Quarrie agreed but felt they needed a sound, level structure and input from thel building department. She noted that she was not totally in favor of tables and chairs on the sidewalk and is also concerned about hurricane season.  15    Vice Mayor Hoover said that's why he wanted it to be a special permit. Mayor Simmons said his concern is that the' Town has only five restaurants this would apply to - and once you take out three oft them that would probably not benefit from this -1 that leaves the two businesses that already cause the Town the  most issues as the only beneficiaries of this.  Commissioner Walters said he is ok with it-ifit's done safely.  Public comments Doug Hilmes 443 Riverview Lane wants to support them. Debra Marchese 310. 1st Avenue in the area.  Mr. Himes said he's in favor of this because Sunnyside Café needs help and he  Ms. Marchese said she is against it because it may interfere with other businesses Vice Mayor Hoover moved to ask the Town Manager to createa special event permit for restaurants to have additional outdoor seating in their parking lot and to allow for additional signage for three-months: Commissioner Runte seconded: Motion carried 4-1 Town Attorney Repperger said as a clarification, the Town has in its code, sections that address special event permits. Vice Mayor Hoover said the permits  with Mayor Simmons in dissent.  would all be subject to approval.  Vice Mayor Hoover asked if they could address New Business, Item F.  F.  Discussion and consideration of placing November Town Commissioner opening on the ballot for November 3, 2020 election - Commissioner Walters (4:16:21) Vice Mayor Hoover stated that he submitted his resign to run paperwork with an effective date of November 18, 2020 - which allows the Commission to decide if Commissioner Walters moved that, upon receipt ofVice Mayor's Hoover's resignation, the Town Clerk is directed to place his Commission seat on the November 3, 2020 Town election ballot; Vice  they want his seat to be appointed or put on the ballot.  Mayor Hoover seconded;  16    Public Comments Doug Hilmes 443 Riverview Lane  Mr. Hilmes is concerned that this Commission will get to go ahead and vote on a Commissioner with no input from thej public and believes we need tol be able toj put people on the ballot. He said the Vice Mayor has done the right thing by submitting his resignation so his seat should be on  thel ballot and the public should be allowed to vote. Mayor Simmons called for a vote on the motion.  Motion carried 5-0.  Town. Attorney Repperger advised that there was an issue with the wording in that the Commission is given a 30 day period to fill the open seat = sol he stated the correct motion is a motion to waive the 30 day period and direct that the Mayor call a special election to fill the Commission seat for the November 3, 2020 election.  Commissioner Walters moved to waive the 30-day period and direct that the Mayor call a special election to fill the Commission seat for the November 3, 2020 election; Vice Mayor  Hoover seconded; Motion carried 5-0.  Mayor Simmons suggested they postpone Items I-J and move the discussion to Item K. Consideration regarding the transition ofTown. Attorney law firm - Town  K.  Attorney Repperger (4:23:44)  The Mayor explained that the Town Attorney has changed lawi firms and Vice Mayor Hoover moved to continue the services ofCliff Repperger as Town Attorney: Commissioner Quarrie seconded Commissioner Walters stated the motion should be reworded to reflect that he is at a new: firm and he can now take the Town files tol his new firm. Commissioner Quarrie moved to approve the memo of understanding changing the name of the law firm in the contract to White Bird; Vice Mayor Hoover seconded; Motion  they want Cliff - not thel lawi firm.  carried 15-0.  17    The Mayor asked Town Manager Mascaro ifs she had anything else on the agenda that she needed to highlight or anything that was time sensitive Town Manager Mascaro noted that a lot of people were asking about Founder's Day and asked the Commission ift they wanted to make a decision on it. The Commission agreed to move to item J. Discussion to reschedule Founder's Day and to schedule a Fire Department  and needed tol be addressed before June.  J.  fundraiser - Town Manager Mascaro (04:25:40)  Town Manager Mascaro said they had refunded the vendors' money for the 2020 Founder's Day. She also talked to the Fire Department and they still want to plan for a Fourth ofJuly family fun day. They want to doa midway theme with children' 's activities and a carnival atmosphere. Commissioner Walters asked ift that event could serve as Founder's Day. Town Manager Mascaro said no - but said they could do a Fall Festival - and not call it Founder's Day - instead it would be another family fun day, geared for families, with a band, an adult beverage truck - and she said they could work with the Rotary sO they don'tlose out on their fundraiser. Several issues were raised and discussed concerning social spacing, etc as ar result ofthis pandemic. TM Mascaro agreed that final approval for either event was not required at this time; that contingent approval could be given and final approval be given closer to the event when the pandemic Byunanimous consensus, the Commission gave contingent approval to allow the Fire Department to host al Fourth of. July fundraiser. This item will be brought back to the Commission Vice Mayor Hoover suggested they come up with suggestions on how they can make this Fall Founder's Day a lighter version of Founder's Day but still capture the essence ofit. He: said once they did that - they could talk about it next month and asked if everyone was ok with that.  She said we could schedule Founder's Day next May.  situation was more current.  for final approval as the date gets closer.  The Commission agreed.  Mayor Simmons asked Town Manager Mascaro if she had anything else to  discuss.  18    Vice Mayor Hoover asked the Town Manager ifs she could go over the TM Mascaro stated that the property owner had installed pavers as part of adriveway modification which covered an existing storm water detention grate and modified swales which were installed and paid for with She further said that if the owner had come to the Town prior rtot the modifications and discussed it we could have worked with them - we don't object to a different set up and we. heard what they said - that is was ugly, She said that the owner is unwilling to provide engineered plans to our building department that show equivalent stormwater detention. Commissioner Runte said the builder knew better.  situation at 304 Hibiscus.  stormwater grants.  etc.  Vice Mayor Hoover stated that his property backed up to the subject property and that he had had two inches of water and can verify that the amount of drainage infrastructure is way more than necessary. Vice Mayor Hoover went on to say that his question is - he knows we: need stormwater infrastructure but is there a way to contact the grant people and have them yanked out = and find a use for it elsewhere? Public Works Supervisor Davis responded to VM Hoover's suggestion to move the infrastructure by saying that it was not possible to extract huge Commissioner Runte said he feels for the situation and said it's not on the owner but thel builder should have said something and the costs should be on the builder because it wasn'tapproved and wasn'ton the engineered drawing. If they were proactive, the Town would have figured something Mayor Simmons said that several public forums had been conducted during the planning of project, and that no one came to the first meeting. The Commission had then directed that the project be stopped and that the residents be personally invited to one of two more public hearings. Even with that, attendance was very minimal and objections were only raised after the project had been almost completed. The Mayor said they  pipes like that out of the ground.  out.  went through all the due diligence = plus.  19    Town Manager Mascaro said we want it done correctly and that she wants to work with the owner and make it as easy as possible but it has to be Discussion of the subject of304 Hibiscus ensued among Commission Mayor Simmons said that he thinks where we are at is that the builderand  professional and it has to be done properly.  members.  owner have to bring us engineered plans.  Public Comments Warren Betts 304 Hibiscus Trail  Mr. Betts said that he understands there are two sides to this thing and agreed that they probably shouldn'thave' been covered up. He stated that he did hire a civil engineer and has a sketch from him. Mr. Betts said obviously he didn'twant to waste money on a sketch and said he was frustrated for the Town and for himselftoo, because he said, he will be one Town Manager Mascaro said the drains were intentionally covered. Commissioner Runte said his recommendation is that we, give the owner an hour of the Town's civil engineer's time and they. just get it done. Commissioner Runte said that's thel least we can do is offer our civil engineer's time. The Commission unanimously consented to this suggestion. Mr. Betts said he was just curious about the offer of a civil engineer and asked if that could be expedited. Town Manager Mascaro said she would send the engineer a message tomorrow and it would be  paying fori it and it was approved site visit.  handled quickly.  Commissioner Walters moved to adjourn; Vice Mayor Hoover seconded;  Motion carried 5-0.  The meeting adjourned at 11:23 pm.  ATTEST:    Cames D. Simmons, Mayor  Interim Town Clerk  EE  20