Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING October 18, 2023 at 6:00 p.m. COMMUNITY CENTER - 509 OCEAN AVENUE  MINUTES  Commission Members: Mayor Wyatt Hoover Vice Mayor. Joyce Barton Commissioner Sherri Quarrie Commissioner Corey Runte Commissioner Marivi Walker Staff Members:  Town. Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk Amber Brown  1/Page    1. Call to Order  Mayor Wyatt Hoover called the meeting to order at 6:00 p.m.  2. Roll Call  Town Clerk Amber Brown conducted a roll call Commission Members Present Mayor Wyatt Hoover Vice Mayor. Joyce Barton Commissioner Sherri Quarrie Commissioner Corey Runte Commission Members Absent Commissioner Marivi Walker  Staff Members Present Town Manager Elizabeth Mascaro Town Attorney Clifford Repperger Finance Manager Jennifer Kerr Building Official Robert Bitgood Public' Works Director Tom Davis Police Chief Melanie Griswold Town Clerk Amber Brown  3. Pledge of Allegiance and Moment of Silence Mayor Wyatt Hoover led the Pledge of Allegiance. 4. Meeting Agenda - AadtionyDetetom/Chanes  Mayor Wyatt Hoover spoke about adding the Parks Board special event application as Item B  under Unfinished Business.  Vice Mayor Joyce Barton made a motion to approve the agenda with the addition of the Parks Board agenda item; Commissioner Corey Runte seconded; Motion carried 4-0.  5. Consent Agenda  A. Approval of the Regular Town Commission Meeting minutes September 21, 2023 B. Approval of the Special Town Commission Meeting Final Budget Hearing minutes  September 21, 2023 C. - Reappointment of Board Members 1. Reappointment of Peter Peterson toi the Board of Adjustment D. Appointment of new Board Member Alternates 1. Appointment of Dawn Barlow to the Parks Board 2. Appointment of Todd Albert to the Planning and Zoning Board  Vice Mayor Joyce Barton moved to approve the Consent Agenda as presented; Commissioner Sherri  Quarrie; Motion carried 4-0.  6. Proclamations/Presentations/Awards 7. Finance/Budget Report  2IPage    Finance Manager. Jennifer Kerr spoke about invoices still coming ini for the last fiscal year, sO things will continue to change, but as oft the end of September, the Town is over 100% in  revenue.  Vice Mayor Joyce Barton made a motion to approve the finance report as presented; Commissioner  Sherri Quarrie seconded; Motion carried 4-0. 8. Department and Board/Committee Reports A. Public Works Department  Public Works Director Tom Davis spoke about ongoing projects and asked for permission Commissioner Corey Runte spoke about adding the bocce ball court to next month's agenda. He: spoke about receiving a call from at family that has a piece of the original  to place a bocce ball court in Ocean Park.  railroad tracks that they would like to donate to the Town.  B. Building Department  Building Official Robert Bitgood spoke about the status and goals of the Department. Finance Manager. Jennifer Kerr spoke about the Building Department always being in a  deficit until this year. .Code Enforcement  Building Official Robert Bitgood spoke about focusing on the dilapidated houses and Commissioner Sherri Quarrie asked about getting informed on case updates.  vacant lots in Town.  D.F Fire Department  Commissioner Corey Runte spoke about the Haunted House being amazing.  E. Police Department  Police Chief Melanie Griswold spoke about the movie in the park is this Friday.  F. Town Clerk No additions  9. Public Comment (Non-Agenda Items)  After being acknowledged by the Mayor, members of the public should state their name and address for the record. The Commission encourages citizens to prepare their comments in  3Page    advance. Each individual will have three (3) minutes to address the Commission on any  topic(s) related to Town business, not on the Agenda. Gwen Burley - 155 Diane Cir, Indialantic  Gwen Burley spoke about wanting to get all of the beachside agencies on board with a resolution to prohibit the breeding and the sale of domestic rabbits. Spoke about rabbit issues  including dumping, overpopulation, and rescues being full.  Dan Harper- 418 Avenue B  Dan Harper spoke about the second kitchen ordinance does not allow for a second living area. Mayor Wyatt Hoover spoke about the intent of the ordinance was not for secondary living  The ordinance needs to be revisited.  areas, but to allow for multi-generational living.  Chuck Cain - 309. Surf Rd  Chuck Cain spoke about a property on Avenue B that was clear-cut. How did that happen and Building Official Robert Bitgood spoke about 306 Avenue B's site plan showed leavinga certain number of trees. The day after they removed all oft the trees he sawi it, so he worked with them on a solution to rectify the situation. The certificate of occupancy will not bei issued  what can be done about it now?  until the tree issue is rectified.  Bobby Williamson 505 Riverside Circle  Bobby Williamson. spoke about being concerned about turning the green space of Riverside Mayor Wyatt Hoover spoke about the approval process which starts with approving items to Commissioner Corey Runte spoke about the first approval is to explore the options.  Circle into a Veterans Park that might not get used or appreciated.  be investigated prior to making a final decision.  Betsy Baird-1111 River Rd  Betsy Baird: spoke about the loss of the bocce ball courts and the circle driveway.  Frank La Grassa - 412 First Ave  Frank La Grassa spoke about the Town Commission approving the second kitchen ordinance against planning and zoning referral. Single-family homes will get a homestead then turn it into a multiple-family home and sell it. This ordinance. should be repealed.  4IPage    Tina Coppick-505. Avenue B  Tina Coppick asked about needing to replace the parking stickers yearly. She does not agree Town Manager Elizabeth Mascaro spoke about residents being able to email their registration  with it. It is an inconvenience. Consider every other year instead.  in and being mailed the sticker sO they do not have to come into Town Hall.  Mark Mc Bride-3 310Second  Mark Mc Bride spoke about issues with. Airbnb's. Beef up the vacation rental ordinance. Suggests stronger rules on noise, cap the number of cars, cap the number of occupants, and institute a penalty for violations. Inform the community where the Airbnb's are in Town and Mayor Wyatt Hoover spoke about the vacation rental application process and the State coming out with a preemption which removed al lot of the Town's ability to regulate them. The application process can be revisited to see if there is anything additional that can be done. Commissioner Sherri Quarrie spoke about there being a misunderstanding of what the Town can do and what has been done. Suggested having a group put together to let residents know Commissioner Corey Runte spoke about neighbors being able to file a complaint with the host  what residents can do about them.  information about vacation rentals.  website.  Ann Marie Mc Bride - 312. Second  Ann Marie Mc Bride. spoke about contacting Senator Mayfield's office and they recommended Vice Mayor. Joyce Barton spoke about appreciating the list of things that can be done. She is also a member of the Space Coast League of Cities and as part of that, they have a priority list that includes vacation rentals where they go to Tallahassee to advocate for those items. Commissioner Sherri Quarrie spoke about the Town Attorney in 2009 told the Commission this issue was coming and they chose not to do anything about it and now this is where we are  modeling what Indian Harbour Beach has.  at. The State is even trying to take away the ability to assess fees.  Alison Dennington - 413 Surf Rd  Alison Dennington. spoke about the Town having a social media policy, and the Mayor said something online about her that is not true. The Town. sends Joyce Barton to Tallahassee to lobby against Airbnb's, and she never mentions. she has an Airbnb. Have a hotline, for Airbnb complaints. Have the municipalities) file a class action lawsuit against Airbnb.  5/Page    Julie Samuels - 2320S River Rd  Julie Samuels. spoke about how streets could create HOAS and have rules that do not allow  Airbnb's.  10. Public Hearings/Specia Orders 11. Unfinished Business  A. Consideration of the proposals for audio-visual equipment in the community center Town Clerk. Amber Brown spoke about receiving five quotes to upgrade or replace the audio-visual equipment. Based on the Commission's recommendation to review the quotes that replace the entire system that would cancel the quote from IM Solutions and B&H Photo. The remaining three quotes are very similar. The Klass Act Solutions is the most expensive, but they are a local company. The quote from AVI-SPL is to replace everything. The quote from BIS Digital is ini the process of being amended, sO the quote would replace everything and would be comparable to the other two quotes. Town Manager Elizabeth Mascaro spoke about having as spreadsheet to compare the two  best options side by side. John Hart 407. Surf Rd  John Hart spoke about there not being an issue with the speakers, as long as you speak Mayor Wyatt Hoover spoke about how the existing equipment is not flexible enough to allow for wireless microphones or to add microphones sO people currently have to share them. This is also to add live streaming to allow people to watch from home.  clearly into the microphone you can be heard.  Alison Dennington 413 Surf Rd  Alison Dennington spoke about this being a lot of money and the turnover in technology might make it obsolete in aj few years. These do work if you move the microphone.  B. Parks Board Children's Business Fair  Julie. Samuels - 2320 S River Road  Julie Samuels spoke about the main point of contention is the name of Spring Fest. Founders Day has a name you don't call it an arts and crafts show. Would like to keep the name Spring Fest for consistency. There is secondary language that says kid's business fair.  Vice Mayor. Joyce Barton made a motion to accept the proposal for the Parks Board Children's Fair event scheduled for March 2, 2024; Commissioner Sherri Quarrie seconded; Motion carried 4-0.  6IPage    12. New Business  A. Consideration of Resolution 2023-07- Budget Amendment  AR RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR (FY) 2022-2023; AMENDING RESOLUTION NO 2023-02 RELATED TO THE USE OF ALL CARRYFORWARDS ANDTRANSFERS FOR ALLI FUNDS INCLUDING THE GENERAL FUND; ESTABLISHING AUTHORITY FORT THE TOWN MANAGERTO IMPLEMENT Finance Manager. Jennifer Kerr spoke about this being a carry forward and transfer from the general fund to a new fund (Fund 175-Ryckman Park Parking Fund) from fiscal year  THE BUDGET; AND PROVIDING FOR ADOPTION.  2022 to fiscal year 2023.  Alison Dennington - 413. Surf Rd  Alison Dennington spoke about there being strange language that says not allj funds or Finance Manager Jennifer Kerr spoke about that language being standard because this  accounts are depicted. What does that sentence mean? resolution is only related to one fund not all oft the funds.  Vice Mayor. Joyce Barton made a motion to approve Resolution 2023-07 Budget Amendment;  Commissioner Sherri Quarrie seconded; Motion carried 4-0.  B. Discussion on stormwater updates and consider prioritizing areas of concern to move  forward with engineering  Public Works Director Tom Davis spoke about the photos. One of the largest areas of concern is the photo labeled Shannon intersecting Poingettia/Magnolia which is a huge collection area in the road. South Palm gets overwhelmed due to other streets dumping water into that area. The west end looking at the river on fourth holds a lot of water, but his department can handle that fix. The other issues will require more than just swale work, sO he would like to geta a professional study to see what the options are. Town Manager Elizabeth Mascaro spoke about this needing pipe work not just swale work, sO the Town needs to get engineering done and then go out for grants. Commissioner Corey Runte spoke about Poinsettia being number one priority then South Mayor Wyatt Hoover spoke about agreeing with the priority. The area of Poinsettiais a lower area of the Town, sO water from other streets around the Town, go there. Public Works Director Tom Davis spoke about Magnolia being a big contributor of sending water to the area of Poinsettia, but swale work could be done on Magnolia.  Palm then the rest after that.  7/Page    Commissioner Corey Runte spoke about reducing the quantity of water coming down at  the same time as doing the work on Poinsettia. Frank La Grassa - 412 First Ave came within a half-inch of being flooded. Jason. Judge - 206 Flamingo  Frank La Grassa spoke about previously having a house on Harland and South Palm and it  Jason. Judge spoke about where he lives was knee-deep from the last storm.  Tina Coppick - 505 Avenue B  Tina Coppick asked how many years the floodplain map covers, and where can. she view it. Mayor Wyatt Hoover spoke about the mapi is located ini the Town Hall lobby and online, and  believes it goes out fifty years. Alison Dennington - 413. Surf Rd  Alison Dennington spoke about putting a reminder. in the newsletter about not leaving Commissioner Sherri Quarrie spoke about most sprinkler systems now have a rain gauge.  their sprinklers going when we are having a big rain event.  Commissioner Corey Runte made a motion to approve moving forward with the stormwater management plan and anything related to that with the focus and prioritization in the following areas in the order ofi importance: Fourth Ave, Poinsettia, South Palm, Banyan, Harland, and Magnolia for due diligence,research, grants, and engineering; Vice Mayor Joyce Barton seconded;  Motion carried 4-0.  13. Administrative Reports A. Town Attorney No additions B. Town Manager  Town Manager Elizabeth Mascaro spoke about asking each department for a list of goals and focuses for the year, and working with Indialantic to piggyback repaving Riverside.  14. Commission Reports  Mayor Wyatt Hoover spoke about putting together language to prohibit smoking in parks.  8/Page    Town Manager Elizabeth Mascaro spoke about it needing to be an ordinance in order to be Commissioner Corey Runte spoke about bringing it to next month's meeting for discussion of  able to enforce it.  the language, then first reading the following month.  15. Task List Updated:  Options and Costs for Live Streaming - Next month Sixth Ave Boat Ramp Improvements = Push to December  16. Public Comment  Julie Samuels - 2320. South River Rd  Julie Samuels spoke about adding a little survey. spot in the beachcomber to allow people toj fill  itout and then drop it off at Town Hall.  Frank La Grassa  412 First Ave  Frank La Grassa spoke about not saying against the vote of the Planning and. Zoning Board,  but against their advice.  Alison Dennington - 413Surf Rd  Alison Dennington spoke about the Town Manager's report saying she attended court. That hearing had four employees go. People talk about her costing the Town money. That wasa waste of money because they didn't need to be there. Two years ago. she said the code was Town Attorney Clifford Repperger spoke about there being multiple reasons staff attended. The petitioner requested an evidentiary hearing. The Town Staff inj part attended at the request of the petitioner who wanted them to attend. They also attended because they were named defendants in that lawsuit by the petitioner and had a right to attend the hearing.  bad and offered to helpj fixi it.  Which is why it was appropriate for them to attend.  John Hart- 407 Surf Rd  John Hart asked what the code violation was that Alison was cited for.  Building Official Robert Bitgood spoke about the shed being pre-manufactured with a Florida product approval number and is regulated by the Florida Building Code. Florida Building Code regulates how and where the shed can be installed which requires a building permit.  9IPage    Town Manager Elizabeth Mascaro spoke about the Special Magistrate found that Ms. Dennington violated the code, and Ms. Dennington is contesting thet findings SO it has gone to  an appellate court.  Tina Coppick-5 505 Avenue B  Tina Coppick spoke about being concerned. if Alison Dennington becomes Mayor what happens  when. she can control the things and money related to her cases.  Steve Walters - 416: Sixth Ave  Steve Walters spoke about being real professional. You lied under oath to. sit there. Then the Mayor said on Nextdoor that he was removed from Police Chief for killing people. Sick of you  people up there lying to people. You people are a disgrace.  17. Adjournment  Vice Mayor Joyce Barton moved to adjourn; Commissioner Corey Runte seconded, Motion carried  4-0.  Meeting adjourned at 8:56 p.m.  ATTEST:  hbb Amber Brown, Town Clerk ELROU E  Alison Dennington, Mayor  6  883  10/Page