Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING COMMUNITY CENTER = 509 OCEAN AVENUE  June 28, 2023 at 6:00 p.m.  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. Call to Order  Mayor Wyatt Hoover called the meeting to order at 6:01 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 Marivi Walker Commissioner Corey Runte Commission Members Absent  StaffMembers 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 - Additions/Deletions/Changes  Commissioner Sherri Quarrie made a motion to approve the agenda; Commissioner Marivi Walker seconded; Motion carried 5-0.  5. Consent Agenda  A. Approval of the Regular Town Commission meeting minutes May 17, 2023 B. Approval oft the site plan for 504 Fourth Ave - accessory structure C. Approval of the site plan for 306 Avenue B - new home D. Reappointment ofa Board Member to the Environmental Advisory Board  1. Kelli Hunsucker  Vice Mayor Joyce Barton moved to accept the Consent Agenda as presented;  Commissioner Sherri Quarrie seconded; Motion carried 5-0.  6. Proclamations/Presentations/Awards  A. Presentation of a proclamation recognizing May 20th through May 26th,2 2023as Mayor Wyatt Hoover presented the proclamation recognizing May 20th through  National Safe Boating Week  May 26th, 2023 as National Safe Boating Week.  7. Finance/Budget Report  Commissioner Sherri Quarrie asked to start including last year's parking numbers.    Vice Mayor Joyce Barton made a motion to accept the finance report as presented; Commissioner Corey Runte seconded; Motion carried 5-0.  8. Department and Board/Committee Reports  A. Public Works Department  Public Works Director Tom Davis provided pictures and spoke about thel boardwalk thati is being built in Ocean Park, the pier repairs being finished, and the upgrades Vice Mayor Joyce Barton spoke about adding trash cans to thel boardwalk.  in Ryckman Park.  B. Building Department  Building Official Robert Bitgood spoke about thel building department slowing  down slightly now that iti is summer.  C.Code Enforcement enforcement officer.  Building Official Robert Bitgood spoke about recently hiring a new code  Town Manager Elizabeth Mascaro spoke about a vacation rental on Colony that notified the Town that they will be switching to long-term rentals.  Roger Newell 506 Colony St  Roger. Newell spoke about trying to address the safety concerns about that property. Wait and see ifit does become a long-term rental.  D.Fire Department Noadditions E.1 Police Department  Police Chief Melanie Griswold spoke about Founder's Day going well for law enforcement. Next year parking on Avenues. A and B will need tol be addressed. Vice Mayor Joyce Barton asked about the speed bumps versus the rumble stripes. Police Chief Melanie Griswold spoke about the speed bumps working well, but they  will need to be extended, SO people don'to drive around them.  F. Town Clerk No additions    9. Public Comment (Non-Agenda Items)  Aferheingacmowledged byt the Mayor, members oft the public should state 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.  10. Public Hearing/SpcalOrder: 11. Unfinished Business  A. Review the boat ramp concept plans while you park your vehicle.  Mayor Wyatt Hoover spoke about adding a small area to temporarily tie your boat Commissioner Corey Runte spoke about thei north side seawall is not in line with the rest. Other than the stormwater drain if there is no other reason he proposed  bringing the seawall out tol be in line with the others.  Roger. Newell 506 Colony  Roger Newell asked ifthe boat ramp is open twenty-four. seven and ifthere are any provisions for low lighting that would not interfere with the neighbors. Commissioner Corey Runte spoke about these plans would not include details about  lighting, but that is a good point to consider.  Commissioner Sherri Quarrie asked about using solar lights.  Allison Stephens 1508 Pine St  Allison Stephens spoke about not having any issues in the past) four years with her new seawall. What is the dock size? What are the setbacks for this area? There is agazebo inches off the property line. Ifresidents have tofollow the rules then SO Commissioner Corey Runte spoke about this being only conceptual plans.  shouldt the Town.  12. New Business  A. Consideration of the fiscal year 2023-2024 Fire Rescue Dispatch Services Interlocal Town Manager Elizabeth Mascaro spoke about the updated agreement with Indialantic for Fire Dispatch services has a slight increase of $200.00.  Agreement in the amount of $5,600.00.  Vice MayorJoyce Barton madeamotion to approve the fiscal year 2023-20241 Fire Rescue Dispatch Services Interlocal Agreement ati the cost of$5.600.00: annually;  Commissioner Marivi Walker seconded; Motion carried 5-0.    B. Consideration oft the ChiefofPolice. Job Description  Mayor Wyatt Hoover spoke about this job description being the one that has been used in the past, but there was no formal approval from the' Town Commission.  Vice Mayor Joyce Barton made a motion to approve the Chief of Police job description: Commissioner Marivi Walker seconded; Motion carried 5-0.  C. Consideration on limiting plan review submissions to Planning & Zoning Board Building Official Robert Bitgood spoke about having to bring almost anything exterior ateration-wise to the Planning and Zoning Board. He proposed limiting whati isl broughti tto Planning & Zoning tocommercial,; multi-family, new: single-family construction and exterior remodels exceeding 50% of the home value. Things such as gazebos and covered porches would be approved by the Building Official. This would shorten the wait time to get a permit, reduce staff time, and streamline the Mayor Wyatt Hoover spoke about this would modify the current policy to be in line Commissioner Corey Runte spoke about over the years more: and more. has been sent to Planning and Zoning above what our ordinance states. Planning and Zoning is meant to be as special meeting for large projects that need multiple eyes on the plans. Town Manager Elizabeth Mascaro spoke about previous building officials were contracted, sO they might not have had the same drive and outlook on things.  process.  with our ordinance.  Roger. Newell 506 Colony for building. permits.  Roger Newellasked about the proposed law requiring a three-day turnaround time Building Official Robert Bitgood spoke about thej proposed law did not pass, but the Building Department turns around permits usually within a couple of days which is  fast.  Paul McLaughlin 412, Second. Ave  Paul McLaughlin asked what the Planning and Zoning Board thinks about this. Building Official Robert Bitgood spoke about as residents they have the option of  They had to have seen this, SO what do they think?  seeing this, but he has not received any feedback from them.  Vice Mayor Joyce Barton made a motion to approve the Building Official signing off on all site plans except for commercial, multi-family, new signal family construction, and exterior remodels exceeding 50% of the home value;    Commissioner Marivi Walker seconded; Motion carried 5-0.  D. Consideration of a Memorandum of Understanding for posting legal notices on Town Clerk. Amber Brown spoke about House Bill 7049 which allows the county and municipal governments to publish certain legal notices on the county's publically accessible website. This MOU would be between the Town of Melbourne Beach and Brevard County to open the option of allowing the Town to post legal notices on the County website rather than pay Florida Today. There are a lot of requirements that go along with it, but this would just open us up to the option. Brevard County will charge a flat rate of $125.00 per notice, whereas, Florida Today was an average of $200.00 to $600.00. Sincei the ads would be posted on a website the way we submit them is the way they would be posted, sO we would not have to worry about any  Brevard County's publicly accessible website  format issues like in the newspaper.  Vice Mayor Joyce Barton asked about what notices can be put online.  Town Clerk Amber Brown spoke about some of the Town ordinances stating the notice will bej published in a newspaper of general circulation, so that would need to Town Manager Elizabeth Mascaro spoke about the extremely strict requirements for posting thet trim notices and almost every. year therel has been an issue with it, sot this would be a way to ensure the notice was done correctly rather than waiting for the newspaper to come. This year we would post in both places to slowly transition to Commissioner Sherri Quarrie asked for clarification on what notices would be posted Town Clerk Amber Brown spoke about first starting with meeting notices for the Board of Adjustments and Planning and Zoning. We would have to post in the newspaper first stating legal notices willl bej published on the County'swebsite. Right now because iti is SO new: for Trim notices she recommended putting them in both to test it out and see how it goes. This would allow our residents to transition and get used toi the change. In the future, ifi it works out we could transition everything that is legally allowed to the website. We are still working on what notices are legally Mayor Wyatt Hoover spoke about approving the memorandum of understanding does not change the fact that parts of our ordinances still require the' Town toj post in the newspaper. In order to eliminate that in the future the Town would need to go through the process to eliminate that requirement. This would just provide an  be updated to allow for online publication.  online postings. where.  allowed tol be published on the website.  additional option.  Vice Mayor Joyce Barton made a motion to approve the Memorandum of Understanding for posting legal notices on Brevard County's publicly accessible website; Commissioner Marivi Walker seconded; Motion carried 5-0.    E. Consideration of the 2023-2024 School Resource Officer's Memorandum of Town Manager Elizabeth Mascarospoke about this being the 6th iteration ofthe SRO Memorandum of Understanding. The students and teachers at Gemini love our Police ChiefMelanie Griswold spoke about Officer Sullivan going to school in. July to  Understanding  SROs.  be the SRO next school year.  Mayor Wyatt Hoover asked ift the amount increased.  Finance Manager Jennifer Kerr spoke about its slightlyincreasing.  Commissioner Corey Runte made a motion to approve the 2023-2024 School Resource Officer Memorandum ofUnderstanding: Commissioner Marivi Walker  seconded; Motion carried 5-0.  F. Consideration of suggested changes to the Land Development Code, Code of Mayor Wyatt Hoover spoke about the background of this item and asked to go Town manager Elizabeth Mascaro spoke about this is to allow our businesses to do business. This would allow the businesses to be closer to the road and have parking in the back to add a buffer between the business and the residents behind the business. This would also allow street fronts along the sidewalk. Right now these items are to see ifthe Commission is interested in allowing the specific items. Itis not to go into all the details and requirements related to the item. There are additional items that have not been included in this yet, but ift there are anyi items the Commissioner Corey Runte spoke about receiving positive resident feedback.  Ordinances  through each item one at at time and discuss it.  Commission would like to add they can do that.  Mayor Wyatt Hoover read each item.  1. Remove the parking requirements for businesses. Require 5 space minimum, 1 handicap, 11 low-speed vehicle, and 11 bike rack to promote a walkable, low-speed  vehicle community. = no issues  2. Reduce the width of parking spaces from 10' to 9'. - no issues  3. Approved outdoor seating, with 3 open sides and roof attachment. The roof attachment for outdoor seating will not require setback compliance. - no issues  4. Allow restaurants as aj permitted use 6B, 7C, and 8B. = no issues  Mayor Wyatt Hoover spoke about the lengthy process a restaurant needs to go through tol be permitted. This would make it easier to get restaurants in Town.    Commissioner Corey Runte spoke about banks not being inclined to loan money 5. Remove setback requirements for 6B, 7C, and 8B and use the Florida Building  for properties with special exception requirements. Code setback requirements. = no issues  Mayor Wyatt Hoover asked for clarification on this item.  Town Manager Elizabeth Mascaro spoke abouti this does not mean there won'tbe setbacks. The setbacks depend on the type of business and the type of building and what is required for the fire department and building department. There Commissioner Corey Runte spoke about the setbacks would default to Building 6. Allowmierobrewery/micro-distillery by special exception in zone 6B, 7C, and 8B. 7. Allownon-academicinstruction (ballet, karate, pottery class, art class, etc.)in6B, 8. Allow personal services, professional offices, studios, clinics, health clubs, and  could be additional requirements such as shrubbery.  Code standards. I noi issues  7C, and 8B. - no issues  fitness studios in 6B and 7C. 1 include 8B Mayor Wyatt Hoover asked why 8B is not included.  9. - Allow duplexes and townhouses in 8B - strike duplexes but leave townhouses Commissioner Sherri Quarrie spoke about previous Commissions were trying to Town Manager Elizabeth Mascaro spoke about duplexes already being allowed, 10. In zone 6B, increase the maximum height from 35 to 36 feet to allow for 12-foot Mayor Wyatt Hoover spoke about unifying 6B, 7C, and 8B. He does not see a Town Manager Elizabeth Mascaro spoke about the intent for 8B was to be a Mayor Wyatt Hoover spoke about having from Pine to the river be a separate Commissioner Corey Runte spoke about keeping this block the way it currently  keep the historical structures on the west part of Ocean Ave.  sot that part can be taken out. ceilings. = no issues  strong reason to segregate those zones.  historical area.  zone, but the rest ofthel business district the same.  is, but not making it more stringent.    Town Manager Elizabeth Mascaro spoke about a new law that was passed to promote affordable rental properties. The problem is in any commercial or multifamily zone in Town they can come in and do not have to meet any criteria or go to Planning and Zoning or the Town Commission and have three stories. Commissioner Corey Runte spoke about this being the Live Local Act and the general summary is local governments must approve multifamily and mixed-use residential developments in any area zoned for commercial, industrial, or mixed- use of any type as long as at least 40% of the units will be affordable for at least  There is nothing the' Town can do about it.  30 years.  Roger. Newell 506 Colony  Roger Newell asked if someone could buy the vacant property on Colony and turn it into anything they want. He asked for clarification on zone 8B. Short- term rentals are a blight on our community and we need tofigure out how to control them and protect the integrity of the Town. We need stronger Mayor Wyatt Hoover spoke about the residential zones (First Ave and south and Avenue. A and north) not being touched, sO they will maintain the current status. Town Manager Elizabeth Mascaro spoke about duplexes are already allowed in  representation up in Tallahassee.  zone 8B.  Paul McLaughlin 412, Second. Ave  Paul McLaughlin spoke about the code for 8B needs to be strengthened not loosened. At one point it was mentioned to combine all three of the business Mayor Wyatt Hoover spoke about duplexes in 8B are already allowed, and the Commission does want tos seet thel historicpartofOcean. Aver maintained. Through the approval process, specific language will be drawn up and presented to the  districts.  Commission for approval.  Billy and. Allison Stephens 1508. Pine St  Billy and Allison Stephens spoke about loving the idea of looking at zoning. Likes the idea ofkeeping this part ofOcean Ave historical and the other partfor restaurants and businesses. They own the vacant lot on Ocean Ave and were going to work with a couple ofother businesses near it to beautify Ocean. Ave.    13. Administrative Reports A. Town Attorney Noadditions B. Town Manager the lifeguards.  Met with Frank Abbate, Brevard County Manager, about thei issue with funding for Town Attorney Clifford Repperger spoke about the Commission may want to watch the County Commission meeting from 5/23/2023 where the County Commission Commissioner Sherri Quarrie spoke about thei issues go beyond just lifeguards. An example is the shooting that happened at Spessard Holland. The County is not supporting the beach at all even from a police standpoint. The Town should not need tot take on more and more costs for protection. The County needs to step up  discusses funding thel lifeguards.  and protect the people.  14. Commission Reports 15. Taskl List Updated:  Lifeguards - waiting on the County Commission - Corey Runte asked tol look into the cost ofl having our own lifeguard program - September Parking Stickers Waiting on the mockup, concept is smaller, circle, one color background, with the year oni it - look into why they turn brown - July Boat Ramp Improvements - look into grant opportunities - August  Street Ends for Kayak Launch - Closed  16. Public Comment  Allison and Billy Stephens 1508. Pine St  Allison and Billy Stephens spoke about wanting to keep it a Town boat ramp. Keep the mentalityo ofit being a kayak launch to everyone outside ofthe Town. Could make itan neighborhood boat ramp SO anyone using it would have to register with the Town first. Ifwe got grant money what does that open us up to? Ifgrant money opens us up to. something we don'tz want then people might want to raise the money instead of losing something. Regarding the concept plans, instead ofbuilding a structure, build beaches with trees with some chairs. Keep it simple and small Town and protect the neighborsprivacy. The number one thing people use that areaf for is the sunset. Mayor Wyatt Hoover spoke about each grant having different requirements.    Town Manager Elizabeth Mascaro spoke about a grant that was used to repair the pier  the only requirement was toi install a small plaque.  Roger Newell 506 Colony  Roger. Newell asked ifthere is any way to get creative and play with the numbers to not have toj pay the Countyfor Lifeguards. Has anyone done any data on the increase  inp populationfrom here to the inlet?  17. Adjournment  Commission Sherri Quarrie moved to adjourn; Commissioner Corey Runte  seconded, Motion carried 5-0. Meeting adjourned at 8:29 p.m.  ATTEST:  in  WyattHoover,    Mayor  Amber Brown, Town Clerk AHQUBNE  VDED 1883