Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING COMMUNITY CENTER - 509 OCEAN AVENUE  April 19, 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 Finance Manager Jennifer Kerr Building Official Robert Bitgood Fire Chief Gavin Brown Police Chief Melanie Griswold Public Works Director Tom Davis Town Clerk. Amber Brown    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 Commissioner Marivi Walker Commission Members Absent  StaffMembers Present Town Manager Elizabeth Mascaro Town Attorney Clifford Repperger Building Official Robert Bitgood Public Works Director Tom Davis Town Clerk Amber Brown  3. Pledge ofAllegiance and Moment of Silence Mayor Wyatt Hoover led the Pledge of Allegiance  4. Proclamations and Awards  Mayor Wyatt Hoover presented aj proclamation commemorating the 100th Anniversary  ofthel Incorporation oft the Town of Melbourne Beach, Florida.  5. Presentations by Special Guests 6. Boards and Committees 7. Public Comments  Jane Waters 312 SixthAve  Jane Waters spoke about how Tom and the Public Works Department have done an amazing, job. Suggests the Town get signs for the parks for no dogs and include the ordinance andfine amount. Then the law needs to beenforced. That goesforthel beach Public Works Director Tom Davis spoke about putting up signs at the entrances of the  as well. park.    Frank Thomas 606 Atlantic St  Frank Thomas spoke about liking the proclamation on the incorporation ofthe Town, the history of1 Founders Day and how it started in 1983, the presentation on. Ponce De Leon by Bruce Morgan on. Founders Day, and the history oft tin can tourists.  Allison & William Stephens  1508. Pine St  Allison Stephens spoke about concerns with the new smoke shop in town. William Stephens spoke about not being able to believe there is a smoke shop on OceanAve. Are there any regulations the Town looks at before a business starts or isi itu votedon? What happens if a second smoke shop opens in Melbourne Beach? Allison Stephens asked what goes into Town Planning. Don't you look at what the Town is missing or needs, or what the residents want? They own the lot next to Robburritos and were looking at outdoor seating with food trucks, but it has been difficult. William Stephens spoke about going into the. smoke shop and it not having an age limit to go into thes shop. He brought in an item that he purchased at the shop. This is what Ocean. Avenue is now. Town Manager Elizabeth Mascaro spoke about the business was vetted by the Town Planner, and that business is a retail business which is allowed in that zone. However, Mayor Wyatt Hoover spoke about medical marijuana being prohibited by Town Code, but smoke shops were not included. The Code is being reviewed to help family-friendly Town Attorney Clifford Repperger spoke about retail being allowed in that zone. Commissioner Corey Runte spoke about the Town did not evolve with the times and update the Code enough sO a smoke shop was not included as a prohibited use.  thel business cannot have any marijuana derivatives.  businesses, but changes to the Code are a long process.  Robin Davis 318, Sixth. Ave  Robin Davis spoke about being the steward. for the Free Little Library in Ryckman Park. Itl has been openfor about three weeks and it has gone through 425 books that have been donated. It is important and she is very thankfulfor the opportunity. On May 13th at 9:30 am there will be a ribbon-cutting ceremony. It has taken a lot of teamwork to get it up and running, but it has been a great thing. for the community.  Kate Wilborn 502 Second  Kate Wilborn asked about the flooding and stormwater at Second and Pine. The primary safety should be public safety. The original construction was. faulty and should have been fixed back then. Communication is key and every household has an email that the Town could notify residents when things come up. Government moves  asj fast as they want to go.    Judy Baker 419 First Ave  Judy Baker asked about the situation between Waste. Pro and Waste. Management. Mayor Wyatt Hoover spoke about being in thei middle of the contract with Waste Pro, sO therei is no discussion on their contract. Waste Proi is required by their contract to notify the' Town of any fee adjustments which is what is on the agenda. Next year is when the  contract is up, so thati is when it will be up for discussion.  Frank Lagrassa 410 First Ave  Frank Lagrassa spoke about liking Waste Pro and agrees with what Kate Wilborn  said. He has seen special interest politics destroy communities.  8. Approval oft the Agenda  Vice MayorJoyce Barton made a motion to approve the agenda as presented and adding the walk-on item of a special event permit under new business:  Commissioner Marivi Walker seconded; Motion carried 5-0.  9. Consent Agenda  A. Approval of the' Town Commission Workshop meeting minutes March 1, 2023 B. Approval oft the Regular Town Commission meeting minutes March 15, 2023 C. Approval oft the' Town Commission Workshop meeting minutes April 5, 2023 D. Notice of fee adjustment from Waste Pro: in accordance with the contract E. Notice of proposed increases from the City of Melbourne for water and wastewater  in accordance with the contract  Vice Mayor Joyce Barton moved to approve the Consent Agenda as presented;  Commissioner Sherri Quarrie seconded; Motion carried 5-0.  Commissioner Corey Runte spoke about the misinformation that has come out about item D notice from Waste Pro. This item is only a notice from Waste Pro advising Mayor Wyatt Hoover spoke about the notice from Waste Pro provides details as to Town Attorney Clifford Repperger spoke about the City of Melbourne rate adjustment that was passed by the City Council on thei first reading on April 11th. The  the Town that they have increased their fees.  why their fees have increased.  second reading will be on April 25th,  10. Public Hearing 11. Old Business    A. Consideration ofthe proposal for an electric car charging station  Town Manager Elizabeth Mascaro spoke about the new quote is only slightly Commissioner Corey Runte spoke about this not being a good investment for right Vice Mayor. Joyce Barton spokea about agreeing with Commissioner Runte toj put this offfor right now: and that a mid-level charger would not provide enough ofa charge Commissioner Sherri Quarrie spoke about this being for the public from the' Town. This does not have to do with individuals getting a personal charger.  different than the previous one.  now since the Town is working on the S.E.A. project.  unless you had hours to wait.  Failed for a lack ofar motion  B. Consideration of directing the Town Manager, Town Planner, Town Attorney, and Building Official to review and propose changes to the Town Code of Ordinances Town Manager Elizabeth Mascaro spoke about the prevalence of food trucks has increased. Under our code, food trucks are considered restaurants which are only approved by exception only. She would like to get with the Town Planner, Town Attorney, and Building Official to review regulations and propose any changes. Florida Building Code does not include food trucks as a restaurant. She proposed Mayor Wyatt Hoover spoke about a lot of Codes that have not been reviewed or revised in a long time. This is one ofthem. In 2021the State of Florida pre-empted municipalities: from being able tol license and permit food trucks, SO our Codei is now Commissioner Sherri Quarrie spoke about going by an out-of-business gas station that has food trucks that have been there for two years. Ifa food truck does not move it is not mobile. She is concerned about putting our local businesses out of Town Attorney Clifford Repperger spoke about the Town cannot prohibit food trucks, but they can regulate them ini many ways. This agenda item would allow him andTown Saftosarlolngimtols: This would bel looking at every facet related to food trucks. One example is North Miami which defines them as an accessory Vice MayorJoyce Barton spoke about how she sees foodi trucks as something thati is there for a fewl hours or for a special event only, or allowthem fora a fewl hours on the  related to food trucks and restaurants  taking food trucks out of restaurants.  in conflict with State Law.  business. Would like to include looking at their signs.  structure.  weekend. They should not be permanent.  Commissioner Sherri Quarrie asked about the alcohol aspect.    Commissioner Marivi Walker spoke about open containers being allowed in Commissioner Corey Runte spoke about his concerns being duration and proper disposal of grease and waste. People love food trucks sO we may need to be open- minded. It'sgreat that we: are being proactive. Why does the Town requireas special Mayor Wyatt Hoover spoke about bringing a few examples from other municipalities. Then the Commission can reviewa and provide feedback. Commissioner Sherri Quarrie spoke about the residents that live behind what used  Melbourne Beach.  exception for restaurants?  tol be Robburritos not wanting the restaurant odors.  Jim Simmons 409 Avenue. B  Jim Simmons suggested this be an action item and put it on a workshop agenda. Seriously think about the requirement for. food trucks by special exception only because that allows the Town to regulate it. The Town is a residential Town, and thei residents have a right to: not have a late-night restaurant with music and lights open late in a retail area when restaurants are not allowed in Town except by  exception only. Frank. Lagrassa 412 First Ave  Frank Lagrassa spoke about agreeing with Jim. He asked for clarification on what the Town Attorney Clifford Repperger said about the States preemption. If the Town does nothing how manyfood trucks could be on OceanAve. Town Attorney Clifford Repperger spoke about under the current code, food trucks are considered restaurants, which are only allowed by special exception. The State Commissioner Corey Runte spoke about not noticing a food truck problem. Commissioner Sherri Quarrie spoke about disagreeing because right now food trucks are only allowed by special exception. Ifthat goes away the Town would be open for all food trucks. Put this on a workshop agenda to get resident feedback. Town Attorney Clifford Repperger spoke about open containers are not allowed  preemption does not allow the' Town to prohibit food trucks.  within Town Parks, or within twenty feet ofthe dune.  Vice Mayor Joyce Barton made a motion to direct the Town Manager, Town Planner, Town Attorney,and Building Officialt ltoreviewchangestotherdefinitions in the Town Code of Ordinances related to food trucks and restaurants and suggest possible regulations around the operation offood trucks; Commissioner  Marivi Walker seconded; Motion carried 5-0.    12. New Business  A. Consideration oft the proposal to repair the pier  Public Works Director Tom Davis spoke about damage to the pier from the fall storms. At this point, the pier has been completely renovated. The structure is weakened, SO this is a quote from the company that has done significant work on the pier. He asked to do sole source because of the company's familiarity with our pier, and it is very difficult to get dock work done, the company proposed a three- Town Manager Elizabeth Mascaro spoke about it being in the water there are a lot of requirements to do the work and this company has provided a letter addressing the issues to assure us they can meet all ofthe criteria SO FEMA can accept the work. Commissioner Corey Runte spoke about this being a fair quote and qualifies fora a  week turnaround time. We are approaching hurricane season.  single source.  Commissioner Corey Runte moved towaive the requirement forthreel bids dueto the reasons previously mentioned in the discussion; Commissioner Marivi Vice Mayor Joyce Barton moved to proceed with the pier repairs as proposed by Land and Sea as a sole source provider for the amount of $7,150.00 which includes materials and labor; Commissioner Marivi Walker seconded; Motion  Walker seconded; Motion carried 5-0.  carried 5-0.  B. Consideration oft the proposed contract for a conceptual site plan for the boat ramp Town Manager Elizabeth spoke about this is what was discussed in the workshop  and the importance of getting a site plan to go out for grants.  Kate Wilborn 502 Second  Kate Wilborn spoke about this being government acting quickly. Is the boat ramp going to be larger? She loves the idea ofmaking it beautiful and a showpiece, but Mayor Wyatt Hoover spoke about appreciating the concerns. This is not making it bigger or like a county boat ramp, but to make it safer and friendlier to launch kayaks and paddleboards, more gulf cart parking, and fewer trailers. Commissioner Corey Runte spoke about spending $850.00 to get thej plans donei to  ifyou make it bigger more people will come.  start applying for grants to get a better-looking ramp.    Kristi Larson 1507 Pine St  Kristi Larson spoke about taking away the parking willjust have more people park along Sixth Ave. How are you going to keep them off Sixth. Ave? Are they allowed toj park their truck and trailers along the street? Ifyou go on the weekend there are large boats launching. It has become a major thoroughfarej for boats. Mayor Wyatt Hoover spoke about this being the start oft the discussion and they will Commissioner Corey Runte spoke about this being the first step to getting  bel looking into parking. conceptual plans.  Vice Mayor Joyce Barton moved to review and consider the proposed contract: for the conceptual site plan for the boat ramp from Bowman Consulting in the amount of $850.00; Commissioner Marivi Walker seconded; Motion carried5 5-0. C. Consideration of the proposed Town Commission meeting agenda outline  Vice Mayor Joyce Barton spoke about bringing this as an agenda item. This would allow staff and Boards to provide their reportand then leave. She has done a lot of research on other municipalities and most oft them follow a similarl layout. Commissioner Sherri Quarrie asked why the public comment is items 8 and 15. Vice Mayor Joyce Barton spoke about item 8 is for public comment not on the agenda. Many municipalities save public comment for last instead ofhaving public comment on every agenda item, and item 15 would give the public one last Town Attorney Clifford Repperger spoke about Chapter 286 has a provision that when you are making decisions the public will have a reasonable opportunity to be heard. The way the Commission currently conducts its business in passing motions Commissioner Corey Runte spoke about the intent was to be more efficient by Mayor Wyatt Hoover spoke about proposed items 1 and 2 combine the current numbers 1, 2, and 3. He recommended keeping the current numbers 1, 2, and 3. Vice MayorJoyce Barton spoke about changing the name ofthe action items tolong- range planning updates ors something similar because the Commission is not taking action on them. Other municipalities call their agenda items action items because Town Attorney Clifford Repperger read Florida State Statute: 286.0114(2.)He: spoke about not having to provide public comment after every item, but historically that  opportunity to say something after hearing everything.  and allowing public comment on those motions is a good process.  rearranging things.  you are taking action on them.  is what the Commission has done.    Commissioner Sherri Quarrie spoke about having department and board reports earlier allows those individuals to leave sooner. This would not take away anyone's Vice Mayor Joyce Barton spoke about not taking awayt the right for publiccomment, Commissioner Marivi Walker spoke about keeping the current numbers 1, 2, and 3, allow public comment after each item to get an immediate public response, and rearranging it to allow stafft to leave earlier, not sure about the last publiccomment unless that was to just add an additional opportunity for public comment. Commissioner Corey Runte spoke about having the same comments.  right to comment on anything on the agenda.  but it would take away public comment after every single item.  Mayor Wyatt Hoover spoke about comments on individual items have helped the Commission. The incidences that have caused issues are rare and the good that Vice Mayor Joyce Barton spoke about having additional public comment at the end.  comes from public comment outweighs thel bad.  Jim Simmons 409.Avenue. B  Jim Simmons spoke about the original intent of the action items was to assign tasks to staff. It'sn notjust long-term planning. The action items were a tracking system sO things were not forgotten. He sympathizes with the public comment issues, but it is important. Itis very difficult, but during the 3 minutes allow the person to talk then after the, 31 minutes, the Commission can comment. Mayor Wyatt Hoover spoke about renaming action items to assignment updates, leave new business as new business, prefers unfinished business to old business, Town Manager Elizabeth Mascaro spoke about calling action items task list. Several Commissioners agreed with calling action items task list.  and leave the original items 1, 2, and 3.  Commissioner Corey Runte summarized the discussion. Rearrange things for efficiency and save staff time, increase public comment by adding a section at the end for any additional public comment, and rename a couple of things.  Jan Futch Guilbeau 806 Oak, St  Jan Futch Guilbeau asked for clarification on when the public can comment on Mayor Wyatt Hoover spoke about public comment related to items up: forav vote will stay the same. The public will continue to be able to comment on every item that  specific items on the agenda.  has a vote.    Steve Walters 416Sixth_Ave  Steve Waltersspokeaboutnot: caring about oharothermunicpalitis: do, its sounds like Vice. Mayor Barton does not want to hear what people have to say about how the Commission is spending taxpayer'smoney, and that is wrong. There is already aclock. Why does this need to be changed it has worked perfectlyfor years. We cannot say what we want to say at the beginning ofthe meeting. He is opposed to repressing the people's right to speakz when they are here. This is a small town and people want to comment on things that are important tot them. Noto as singlep person Commissioner Corey Runte spoke about the proposed changes would increase the Commissioner Sherri Quarrie spoke about some residents come with one thing on theiri mind and some residents stay and find out otherinformation that isi important to them. Having department and staff reports before public comment would allow everyone tol hear updates from the stafft that are important to people. Mayor Wyatt Hoover: spoke about the 3-minute time limiti isi in place sO not all oft the meetings last until midnight. Iti is at the discretion of the Mayor on how to run the meeting as he/she sees fit. When a resident presents productive, useful, insightful comments or questions it is at the Mayor's discretion to engage that individual or allow the Commissioners to engage that individual which would naturally extend the time that the person will be up there. Ifan individual comes to present simple complaints or not useful comments then it is also at the Mayor's discretion to limit  isi infavor ofthe Sixth. Ave boat rampi project.  public's ability to comment.  that time to; 3 minutes. Brenda Wallinger 204S Shannon  Brenda Wallinger asked how she could get the agenda packet. She has questions Mayor Wyatt Hoover spoke about the agenda packets being on the website, andi that public comment on agenda items must be related to that specific item. General public comment was at the beginning of the meeting. All of the Commissioner's Building Official Robert Bitgood spoke about the code enforcement position being vacant, SO thel building department is overseeing it. Any questions or comments can be brought to' Town Hall, emailed in, or submit them on the website. Vice Mayor Joyce Barton spoke about her research into other municipalities was to dojust that and bet thorough. The proposed agenda layout was] primarilytaken from Town Attorney Clifford Repperger spoke about after the Commission has made a  about Code Enforcement, SO what is a good resourcej for that?  email addresses are on the website and they do respond to emails.  the" Town's current resolution.  decision then a resolution will be made and presented.    Mayor Wyatt Hoover proposed a motion to accept the proposed agenda with the following changes: replace proposed items 1 and 2 with existing items 1, 2, and 3, push the remaining items down 1number, and modify proposed item 141 toi taskl list,  which would become item 15.  Vice Mayor Joyce Barton made a motion to accept the proposed motion;  Commissioner Sherri Quarrie seconded; Motion carried 5-0. D. Consideration of a special event permit application  Mayor Wyatt Hoover spoke about the details of the special event permit.  Commissioner Corey Runte moved to approve the special event permit as presented; Commissioner Sherri Quarrie seconded; Motion carried 5-0.  13.Staff Reports  A. Town Attorney Report No additions B. Town Manager Report  Town Manager Elizabeth Mascaros spoke about wrapping everything upf for Founders Day, hosting thel Brevard County Managersluncheon, and doingal lotoftraining with  the new Town staff. C. Departmental Reports 1. Building Department  Building Official Robert Bitgood spoke about the building department is very Commissioner Sherri Quarrie asked about the details of the process that is being Building Official Robert Bitgood spoke about a House Bill that changes the amount of time you have to review a permit. It will put a lot of pressure on the  busy.  changed by the State.  building department. 2. Code Enforcement Noadditions  3. Public Works Department  Public Works Director Tom Davis spoke about the upgrades in Ryckman Park. Vice Mayor Joyce Barton spoke about the old Post Office looks great.    4. Police Department  Commissioner Sherri Quarrie asked if the beach patrol, which starts March 1, could start sooner. Can they go into the County's jurisdiction by Spessard Holland? Maybeopen upa a discussion with the County abouti that. Town Manager Elizabeth Mascaro spoke about Chief Griswold attending a Commissioner Marivi Walker spoke about receiving very positive feedback from residents ofthe Breakers about that Homeowners Association meeting.  Breakers Homeowners Association meeting.  5. Fire Department  Town Manager Elizabeth Mascaro spoke about Chief Brown still being involved with getting Lifeguards full-time at Ocean Park. She received the statistics from Chief Brown: From North Spessard Holland to Ocean Park there have been 22 rescues, 5 at Spessard Holland, and 17 at Ocean Park. A rescue means the swimmer was assisted back to shore with the physical help of a lifeguard. There havel been 300 preventativeactions, which means the lifeguard whistled or swam out and back with the person without assisting them. Zone 5, which is Paradise and the Boardwalk there, has had 4 rescues and 250 preventative actions. Vice Mayor Joyce Barton asked for the statistics to be emailed to them.  6. Finance Department  Town Manager Elizabeth Mascaro spoke about being in the sixth month oft the  fiscal year, sO the target is 50% and we are at 47-5%.  Vice Mayor Joyce Barton made a motion to accept the finance report as presented; Commissioner Marivi Walker seconded; Motion carried 5-0.  7. Town Clerk Noadditions D. Town Commissioners  Commissioner Sherri Quarrie thanked the Police and Fire Department for helping Vice Mayor Joyce Barton spoke about being the voting delegate for the Space Coast League of Cities, and Commissioner Corey Runte being the alternate. She was appointed to a committee to create a handout for the League, which is now done. If anyone would like a copy, she can make copies of hers because it is not online right now. Melbourne Beach and Indialantic are thel hosts for the May Space Coast League  her son-in-law. Hei is doing much better.  ofCities dinner.    14. Action Items Closed  Order of Agenda - Closed ofi1b by 17 paper. - Closed  Town Newsletter Town Clerk Amber Brown spoke about the newsletter being completed and willl be going out in the next few days. Itwilll bei two pages Car Charging Stations - Add this tot the S.E.A Project - Closed  Updated  Lifeguard Coverage = Next month  Parking Stickers Town Manager Elizabeth Mascaro spoke about notifying everyone that comes in that it will be switching to a yearly sticker, the new sticker will be smaller and have a solid color with the year. Bring a draft of the  sticker June  15. Adjournment  Commissioner Corey Runte moved to adjourn; Commissioner Marivi Walker  seconded; Motion carried 5-0. Meeting adjourned at 8:50 p.m.  ATTEST:  Heoun  b  Wyatt'Hoover, Mayor  Amber Brown, Town Clerk ELBOURNE  1883