Town ofl Melbourne Beach  REGULAR TOWN COMMISSION MEETING  August 16, 2023 at 6:00 p.m. TOWN HALL TRAINING ROOM  507 OCEAN AVENUE  MINUTES  Commission Members: Mayor Wyatt Hoover Vice Mayor Joyce Barton Commissioner Sherri Quarrie Commissioner Corey Runte Commissioner Marivi Walker StaffMembers:  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 6:19 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 Commissioner Marivi Walker  StaffMembers Present Town Manager Elizabeth Mascaro Town Attorney Clifford Repperger Finance Manager Jennifer Kerr Building Official Robert Bitgood Fire Chief Gavin Brown Public Works Director Tom Davis Town Clerk Amber Brown  3. Pledge of Allegiance and Moment of Silence Mayor Wyatt Hoover led the Pledge of Allegiance 4. Meeting Agenda - Additions/Deletions/Changes event application was withdrawn by the applicant.  Mayor Wyatt Hoover spoke about New Business Item A consideration ofa a special  Vice Mayor Joyce Barton made a motion to approve the agenda with the amendment to remove New Business Item A: Commissioner Sherri Quarrie  seconded; Motion carried 5-0. 5. Consent Agenda  A. Approval ofthe Special Town Commission meeting minutes July 12, 2023 B. Approval ofthe Budget Workshop meeting minutes July 12, 2023 C.A Approval oft the site plan for 508 Magnolia Ave - new home  Vice Mayor Joyce Barton moved to accept the Consent Agenda as presented;  Commissioner Marivi Walker seconded; Motion carried5-0.  6. Proclamations/Presentations/Awards  7. Finance/Budget Report  Vice Mayor Joyce Barton made a motion to accept the finance report as presented; Commissioner Sherri Quarrie seconded; Motion carried 5-0.  8. Department and Board/Committee Reports  2IPage    A. Public Works Department  Public Works Director Tom Davis spoke about the work being done in Ryckman  Park, landscaping, and the new equipment public works has.  B. Building Department No additions C.C Code Enforcement  Building Official Robert Bitgood spoke about Code Enforcement Officer Jim Turner  doing a great job getting everything caught up and being proactive.  D.Fire Department atai future meeting. E. Police Department No additions F. Town Clerk No additions  Fire Chief Gavin Brown spoke about working on thel lifeguard proposals to present  9. Public Comment (Non-Agenda Items)  Afterbeing: acknowledged by thel Mayor, members of thej publicshould: statet their name and address for the record. The Commission encourages citizens to prepare their comments in advance. Each individual will have three (3) minutes to address the Commission on any topic(s) related to Town business, not on the Agenda.  Steve Walters 416 Sixth. Ave  Steve Walters asked ifhe could not comment on any ofthe department reports or the Mayor Wyatt Hoover spoke about allowing the comment, but he would stop it ifit was  minutes since they are on the agenda. an inappropriate comment. Susan. Martin 2202 Rosewood Dr  Susan Martin askedu what the rules arej forAirbnbs. They are popping up everywhere.  Can anyonejust decide to make their home a vacation rental?  3Page    Mayor Wyatt Hoover spoke about howi the State Legislature passed a lawi that prevents the' Town from regulating them, soi the' Town has verylittle capacityto do anything with them. There is a permit process they have to go through. The Town cannot say who Commissioner Corey Runte spoke about the Town doing everything that it can. There Commissioner Sherri Quarrie spoke about previous Town Attorney Paul Gougelman advising the Commission in 2009/2010 about this and the Commission decided not to put anything in place. The Town of Indialantic took the attorney's advice and that is  can and cannot have a vacation rental.  isnothing more the Town can do unless the State changes the law.  why vacation rentals are not allowed in Indialantic  Frank LaGrassa 412 First. Ave  Frank LaGrassa spoke against vacation rentals and allowing second kitchens in single-family homes. Melbourne Beach cannot handle any more cars on the streets. Mayor Wyatt Hoover spoke about the process, requirements, and limitations regarding Commissioner Corey Runte spoke about thei intent oft the second kitchen ordinance was toimprove the affordability oft the aging population and families tol be ablei to keepi their  People are living in RVS onA Avenue. A.  second kitchens.  aging family members on the same property.  Ken Lebrato 213 Cherry Dr  Ken Lebrato asked what the commission has done to enforce the intent of the second kitchens. Is there an age requirement in order to have a second kitchen? Town Attorney Clifford Repperger spoke about the requirement to maintain a Mayor Wyatt Hoover spoke about not wanting to prohibit families from existing in a mu.tigenerational way for fear of someone having a vacation rental as part of their home. The trade is that residents can age in place or for grandparents, children, and grandchildren to exist in the same home with some privacy. The trade-off is yes there isan opportunity for individuals who have their property with a homestead exemption to vacation rental the property, but at the same time if that resident could no longer afford to stay in that home they would sell the property and an investor buys in. Then instead of one room or a portion of the home being rented out the entire home is a CommisionerCorey umepisastsatbar.aN must gothrougharegistrmation process that includes an inspection. Homes with a second kitchen must keep a  homestead exemption ift they have a second kitchen.  vacation rental.  homestead exemption.  4IPage    Haley Conrad 2011 Oak St  What is the homestead exemption? How long do you have to be in a home to get a homestead exemption? Asked why the Town could not take the State Statutes about vacation rentals and make them more restrictive. Where are the recent meeting Mayor Wyatt Hoover spoke about a homestead exemption is only allowed on one property and the owner must remain in that home. State Statute sets the requirements forthe homestead exemption. State law preempted the' Town's ability to writea any new Commissioner Corey Runte spoke about the State statute that froze any municipality's Town Clerk Amber Brown spoke about the minutes being on the Town's website after they are approved. Click on the Commission tab, and then for each meeting the agenda, agenda packet, minutes, and recording are posted. The minutes are not verbatim and  minutes?  laws to restrict vacation rentals.  ability to make any new restrictions on vacation rentals.  are posted after the' Town Commission approves them.  Virginia Lerch 222 Cherry Drive  Virginia Lerch asked ifthe Town sets thej fees for vacation rentals.  Town Manager Elizabeth Mascaro spoke about howt the' Town currently can: set thei fees, but there was a bill that failed at thel last second that would take away even: more oft the Town's ability to regulate vacation rentals including being able to set the fees. Most likely the bill will be back and will probably pass. In the past, at one point the Town Commission did add restrictions, but when the preemption was passed it dated back before those restrictions, soi they were: removed. Locally people need toi reach out toour  State Senator Debbie Mayfield's office. 10. Public Hearings/Special Orders 11. Unfinished Business 12. New Business  A-Cmiéematiomdfespaiialevemtepliation - Withdrawn by the applicant. B. Consider approving a Mayoral endorsement of the HELPER. Act  Mayor Wyatt Hoover spoke about the HELPER Act to aid Florida's police, firefighters, EMTs, and teachers with thel lack of affordable housing.  Commissioner Sherri Quarrie made a motion to endorse legislation to aid first responders: Vice Mayor Joyce Barton seconded; Motion carried 5-0.  5Page    C. Consider KSM Engineering and Testing to perform the required test to determine Town Manager Elizabeth Mascaro spoke about the agreement and the cost being Commissioner Corey Runte spoke about what the process would involve.  the feasibility of the swale being converted into a skate park  $1,200.00.  Haley Conrad 2011 Oak  Haley Conrad spoke about the Geotechnical surveying would be thej first step then Commissioner Corey Runte spoke about the different steps of the entire process. These first two items have minor costs sO they are: not required to go out for RFP. If  the civil engineering plan. Has it gone outf for RFPyet?  any step triggers thei threshold then it would go out for RFP.  Adam Meyer 214. SurfRd  Adam Meyer asked what the cost would be to the Town and any insurance implications to the Town, and there would be nothing more that the Town would Commissioner Corey Runte spoke about the insurance is no different than playing tennis or swimming in the ocean. There is no morei inherent risk than what currently exists on' Town property. For thei funds, they will be privately fundraised. The Town allocated $50,000 from the paid parking towards the efforts for thej potential skate  pay other thanfrom paid parking.  park. No taxpayer dollars will be spent.  Frank LaGrassa 412 First Ave there be a hearing on it?  Frank. LaGrassa asked ifit was to. skate around on or Vfituasforskateboar4s: Will Commissioner Corey Runte: spoke aboutr receiving al lotofr requests from residents for askate park, andi it would bei forall different things including skateboardsand. skates. Mayor Wyatt Hoover spoke about there will be several meetings and workshops to  discuss it.  Steve Walters 416 Sixth Ave  Steve Walters spoke about the Town's insurance company in the past making the Town remove the mary go round and steps to the pier because they were too  dangerous. Is the insurance going to cover a skate park?  6IPage    Commissioner Corey Runte spoke about the insurance company will cover it, and  Satellite Beach has the same program and there arei no issues at all.  Vice Mayor. Joyce Barton made a motion to approve the $1,200.00 tol be spent on the engineering and testing by KSM Engineering and Testing; Commissioner  Corey Runte seconded; Motion carried 5-0.  D. Consider the proposal from Kane Surveying, Inc. to survey the proposed location for Town Manager Elizabeth Mascaro spoke about this being for the skate park in the amount of $1,800.00 for Kane Surveying to come out and survey the area.  the skate park  Virginia Lerch 222 Cherry besides a skate park.  Virginia Lerch asked ifthere had been any other alternative requestsfor that area Commissioner Corey Runte spoke about no other requests that are willing to privately fundraise $250,000.00. Another project that was discussed was a covered Mayor Wyatt Hoover spoke about the Commission being open to other ideas.  pavilion with picnic tables.  Frank. LaGrassa 412 FirstAve Melbourne Beach.  Frank LaGrassa asked if the people who want a skate park arefrom the Town of Commissioner Corey Runte spoke about the residents that are for the skate park are  residents of the Town of Melbourne Beach.  Adam Meyer 214SurfRd  Adam Meyer asked about the fundraising, ifit is a group of people are any of the Commissioners a part of the group. Skate parks are very loud and rowdy and typically not right across from homes, sO. just make sure there is communication Commissioner Corey Runte spoke about the Deffebach family being very much in Mayor Wyatt Hoover spoke about how this would be a small skate park for novice-  with the residents near it.  favor ofit and has been asking for it for years.  level individuals.  7IPage    Haley Conrad 2011 Oaks St  Haley Conrad asked if there will be any infrastructure effects by having a skate park such as bathrooms oT waterfountains, and ifso where is thefundingfort that Commissioner Corey Runte spoke about there still needing to be some exploratory Commissioner Sherri Quarrie spoke about not having a place for kids who are learning to skateboard, scooter, bike, etc. to go. Provide a place for the dare-devil kids to have a place for them to go rather than using the road or ditches. This would Commissioner Corey Runte: spoke about people ofall ages using skate parks and itis is agreat amenity for a community by giving them a designated safe place to go.  comingfrom.  work to be done, but the anticipation is no.  also expose the kids to the police more.  Commissioner Corey Runte made a motion to approve the proposal from Kane Surveying for an updated survey of] Ryckman Park in the amount of $1,800.00as presented; Vice Mayor Joyce Barton seconded; Motion carried 5-0.  E. Consideration of Resolution 2023-02 - Carryforward Fund Balances to utilize Fiscal  Year 2022 to 2023  A RESOLUTION OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE. FISCALYEAR POPORAOAAMENDING RESOLUTIONNO 2022-08 RELATED TO THE USE OF ALL BALANCE CARRY FORWARDS FOR. ALL FUNDS INCLUDING THE GENERALFUND; AMENDING EXPENDITURES FORTHETOWNSGENERALFUND: ESTABLISHING AUTHORITY FOR THE TOWN MANAGER TO IMPLEMENTTHE BUDGET; AND PROVIDING FOR. ADOPTION. Finance Manager Jennifer Kerr spoke about this being the carry forwards, and about an issue where the IRS took a payment that was meant for 2019 and applied itt to: 2020 and it has been an ongoing issue for three years now. The Town has sent certified main, certificates of mailing, spent hours trying to call them but they were closed due to COVID. Finally had good communication where they explained the 2020 payment was applied to 2019, sot there was a refund from 2019, but a shortfall Mayor Wyatt Hoover spoke about the IRS made an error in 2020, and due to COVID, the IRS was unavailable to correct the issue until recently. Finance Manager Jennifer Kerr spoke about it has happened again and the Town received a letter stating they took the December 2022 payment and applied it to March 2023. She has already contacted them about this issue and had them move  for 2020.  itback.  8Page    Vice Mayor Joyce Barton made a motion to approve Resolution 2023-02 budget amendment: Commissioner Marivi Walker seconded; Motion carried5-0.  13. Administrative Reports A. Town Attorney No additions B. Town Manager  Town Manager Elizabeth Mascaro spoke about ongoing projects.  14. Commission Reports 15. TaskList Updated:  Parking Stickers -Town Manager Elizabeth Mascaro spoke about the current design not working when you shrink it, but the guest passes have a ghost design  and it does work sO that willl be the best option September S.E.A Project - At the workshop next week -) November Sixth Ave Boat Ramp - Att the workshop next week - November  16. Public Comment 17. Adjournment  Commissioner Marivi Walker moved to adjourn; Vice Mayor Joyce Barton  seconded, Motion carried 5-0. Meeting adjourned at 7:37 p.m.  ATTEST:  hyt Hoour Wyatt'Hoover, Mayor  Lhg  Amber Brown, Town Clerk EOUEAE  9IPage