Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING COMMUNITY CENTER = 509 OCEAN AVENUE  FEBRUARY 15, 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 ChiefGavin 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 Foreman Sean Hasner 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. Public Comments  After being acknowledged by 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.  Yabsira. Adera  US Small. Business Administration  Yabsira. Adera spoke about disasterasistance/orindiuidtuals that have been impacted by Hurricane Nicole. The US Small Business Administration provides low-interest  loans.  Amy Rickman 303 Sunset  Amy. Rickman. spoke about the preservation, conservation, and improvement ofthes sea dunes at First Ave. Amy Rickman spoke about being part ofDAR andi they volunteered to maintain the First Ave beach crossover. Amy asked to place a DAR sign at the First Mayor Wyatt Hoover spoke about not being able to vote on it tonight, but it would be  Ave beach crossover.  added as an agenda item next month.    Crystal Cain 309 SurfRd  Crystal Cain: spoke about the Adopt an. Area program. The EAB had 50 volunteers last weekend to plant sea oats. March 11th at Old Town Hall there will be a native plant sale and ukinephwnapfomusmsalahurvplnesendpbmproutaum  Hall.  Ali Dennington 413 SurfRd  Ali Dennington spoke about objecting toi the entire meeting because. she sent in aj public records request on February 6, 2023,for any records related to the meeting that was canceled on February 1, 2023, and she has not received anything yet. The packet was Town Clerk Amber Brown spoke about the agenda and agenda packet being posted on the website and the Town bulletin boards on Friday, February 10, 2023, the same day they were sent tot the Commission. Also, the deadline to submit items for the meeting is Thursday, February 9, 2023, sO she wouldn't have had all of the documents before that.  sent to the Commission last Friday, why wasn'ti it posted online then?  5. Approval ofthe Agenda  Vice Mayor Joyce Barton made a motion to approve the agenda as presented;  Commissioner Marivi Walker seconded; Motion carried5-0.  6. Consent Agenda  A. Approval of the Regular Town Commission Meeting Minutes January 18, 2023 B. Approval of the site plan for 921 Oak St - Two-car attached garage C. Approval of the site plan for 419 Riverview Ln - Room addition D. Approval oft the site plan for 404 Colony St - Porch addition E. Appointment and reappointment of Board Members  Reappointment to the History Center Board  1. Steven Doles 1. Robin Petersen  Appointment to the Police Pension Fund Board ofTrustees  Vice Mayor Joyce Barton moved to approve the Consent Agenda as presented;  Commissioner Marivi Walker seconded; Motion carrieds 5-0.  7. Public Hearing  A. Proposed Ordinance 2023-01 - Landscaping and' Trees Section 9A  Mayor Wyatt Hoover spoke about the background information about this proposed Town Attorney Clifford Repperger - first reading of Ordinance 2023-01  ordinance.    AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING; APPENDIX "A" OF THE TOWN CODE OF ORDINANCES OF MELBOURNE BEACH, THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 9A REGARDING LANDSCAPING: AND TREES; SPECIFICALLY AMENDING SECTION 9A-4, PERMIT REQUIRED FOR CUTTING DOWN TREE; SPECIFICALLY AMENDING AND RENAMING SECTION 9A-5, APPLICATION FOR PERMIT; REVIEW OF APPLICATION; MINIMUM CONSTRUCTION STANDARDS; SPECIFICALLY AMENDING SECTION9A-6 GONSITEINSPECTION: SPECIFICALLY AMENDING SECTION A-MINIMUMTREE PLANTINGS; SPECIFICALLY AMENDINGSECTION9A- 10, EXCEPTIONS; SPECIFICALLY AMENDING SECTION 9A- 12, PENALTY; AMENDING ARTICLE IV, CHAPTER 7A, SUPPLEMENTARY DISTRICT REGULATIONS; SPECIFICALLY AMENDING SECTION 7A-53, FENCES AND WALLS; SPECIFICALLY AMENDING SECTION 7A-58, VISION CLEARANCE AT CORNERS; PROVIDING A SEVERABILITYINTERPRETATION CLAUSE; PROVIDING FOR CODIFICATION: PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING AN ADOPTION SCHEDULE. Town Attorney Clifford Repperger spoke about the amendments to the ordinance Amends Section 9A-4t to require permitting, removal standards, and exempt trees posing an unacceptable riski in accordance with Florida Law. Amends Section 9A-5 regarding the number oftree removal plans required. Amends Section 9A-6 to provide dimensions for replacement trees. Amends Section 9A-71 to revise minimum tree plantings for new construction. Amends Section 9A-10 to provide for clarified exemptions in accordance with Amends Section 9A-12 to provide for enhanced penalties for mature tree removal Amends Section 7A-53 to allow for fences/walls extending beyond the front building line on residential lots abutting A1A and Oak Street south of Ocean Avenue to be erected to a maximum height ofs six (6) feet with required plantings  which include the following.  State Law. without a permit.  and corner lot limitations.  Amends Section 7A-53 to clarify references to fences and walls. Amends Section 7A-58 to clarify references to fences and walls.  Town Attorney Clifford Repperger spoke about the Planning and Zoning Board not being ready to provide a recommendation and tabled it until their March meeting. At the Planning and Zoning Board meeting, they had concerns regarding the two- for-one tree replacement for new construction which has since been amended to a one-to-one requirement, another section was related toi the fines for removing a tree without a permit being too steep. The ordinance mirrors what State Statute has  regarding fines.  Mayor Wyatt Hoover spoke about a couple of corrections. Vice Mayor Joyce Barton asked ifthe $5,000.00 fine is per tree.    Town Attorney Clifford Repperger spoke about the fine is upi to $5,000.00 per tree. Commissioner Corey Runte spoke about any fines that are collected from this being Commissioner Sherri Quarrie asked about the process in section 9A-4 permit  put into a separate fund forl beautification. required for cutting down a tree. Further discussion ensued  Commissioner Corey Runte spoke about three scenarios that would not require a permit which are unsafe conditions, unhealthy trees, and invasive trees. Building Official Robert Bitgood spoke about a permit not being required for trees  that pose an unacceptable risk. Jim Simmons 409 Avenue B  Jim Simmons spoke about the last sentence in section 94-A should be changed to say any tree which poses an unacceptable risk may qualifyfor removal without a Town permit. Don'ttell them they can, tell them they may qualify. 9A-6bia who determines ifit unreasonably restricts. 9A-7C who determines similar species. The last thing regarding fences is to make sure when gates are put in that there is Mayor Wyatt Hoover spoke about changing 94-Ato reverse thes sentence structure to say ai tree that poses an unacceptable risk may qualify. Regarding 9A-6b1A how can Vice Mayor Joyce Barton spoke about section 9A-6b1A removing unreasonably Town Attorney Clifford Repperger spoke about reworking that language. Commissioner Corey Runte spoke about adding a section that states ift the removal of any tree or shrub causes the number of remaining trees and shrubs to fall below the minimum number required a replacement tree or shrub shall be planted within Commissioner Sherri Quarrie spoke about being okay with the Florida Statute fines in 9A-12 to allow the Special Magistrate the ability to determine thei fine amount. Mayor Wyatt Hoover spoke about double-checking to make sure the Code has a section that requires gates to be set back to allow vehicles to get off A1A.  enough space to get offthe road while the gate opens.  unreasonably restricts be changed soi it is not sO subjective  restricts.  thirty days of removal to section 9A-6.  Further discussion ensued    Dan Harper 418 Avenue B  Dan Harper spoke about several reasons why 9A-7C should not be included. Doubling tree density is not practical. Maintaining the same density pre and post- construction is reasonable. Tree density should be defined in the definitions. The Town Attorney Clifford Repperger spoke about the doubling tree density concern is related to the proposed ordinance when it went to the Planning and Zoning Board but was amended before it came to the Town Commission. Will look into the  $5,000.00fne is excessive.  definition oftree density to see: ift that needs to be included  Ali Dennington 413SurfRd  Ali Dennington spoke about objecting because she has not had enough time, she made public records requests and Amber has had the records, Amber's lying, what Amber said is not true. Thenoticefor this metingor.hesonhnenes is defective. There was ex parte communication that was not disclosed. The Planning and Zoning. Board has not recommended this yet. Where is the report with thej findings that this is in compliance with the comprehensive plan. There was mention ofan agenda report; what's that and where is it. This is horrible who wrote it. Does not Town Attorney Clifford Repperger spoke about the ordinance's full title was advertised in Florida Today for the Planning and Zoning Board and has been out for weeks and available to thej public for that meeting last week. The first reading is not required to be noticed, but we over notice by doing a first public notice for planning and Zoning and the Commission meeting and then we will do a second notice for planning and Zoning and the Commission meeting in the newspaper. As far as the ex] parte communication, this is not a quasi-judicial proceeding. This is a legislative  oppose it in theory, but rushing it through like this is SO bad.  proceeding and you are free to talk to whomever: you want to.  Vice Mayor Joyce Barton moved to pass the first reading of Ordinance 2023-01 Landscaping and Trees Section 9A with the points discussed; Commissioner  Corey Runte seconded; Motion carried 5-0.  B. Proposed Ordinance 2023-02 - Second Kitchens  Town Attorney Clifford Repperger - first reading of Ordinance 2023-02 AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING; APPENDIX "A" OF THE TOWN CODE OF ORDINANCES OF MELBOURNE BEACH, THE LAND DEVELOPMENT CODE; AMENDING SECTION 1A-3 TO ADD THE DEFINITION FOR KITCHEN OR KITCHEN FACILITY; AMENDING CHAPTER 7A REGARDING SECOND KITCHENS; SPECIFICALLY AMENDINGSECTION7A31,SECTION7A-32, AND SECTION 7A-33 TO PERMIT SECOND KITCHENS IN 1-RS, 2-RS, AND 3-RS ZONING DISTRICTS; CREATING SECTION 7A-72 TO PROVIDE    SUPPLEMENTARY DISTRICT REGULATIONS FOR SECOND KITCHENS IN CODIFICATION: PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE; AND Town Attorney Clifford Repperger spoke about the amendments to the ordinance Amends Section 1A-3 to add a definition for "kitchen" or "kitchen Facility" which excludes outdoor barbeque areas without a range or stove. Amends Section 7A-31 to cite appropriate supplementary regulations. Amends Section 7A-32 to cite appropriate supplementary regulations. Amends Section 7A-33 to cite appropriate supplementary regulations. Creates Section 7A72tollowforsecond! ahSaSm-miw Town Attorney Clifford Repperger spoke about this ordinance going to Planning and Zoning which they recommended by a 4-1 vote. Since the Planning and Zoning meeting there has been an amendmentto7A-72@)toread thes second kitchen facility and the area or quarters its serves shalll beintegrated: architecturallyi intothep principal single-family dwelling unit or may be located within separate quarters connected to the principal single-family dwelling unit or may bel located within separate quarters connected toi the principal single-family dwelling unit by a common wall or common roof. For purposes of this Section, a breezeway connected between the principal single-family dwelling unit structure and the separate quarters served by the second kitchen may constitute a common roof. Access to the second kitchen shall be as Mayor Wyatt Hoover spoke about the history of and discussions regarding this Commissioner Sherri Quarrie spoke about not being in favor of allowing second kitchens in detached accessory structures, SO shel likes the rewrite to Section 7A-72(1) Mayor Wyatt Hoover spoke about not wanting to explore allowing kitchens in Commissioner Corey Runte, Commissioner Marivi Walker, and Commissioner  SINGLE FAMILY RESIDENTIAL SEVERABILITYINTERPRETATION PROVIDING AN ADOPTION SCHEDULE.  DISTRICTS; CLAUSE;  PROVIDING A PROVIDING  FOR  which include the following.  districts with permitting and regulatory conditions.  required by the Florida Building Code.  ordinance change.  detached structures sO he is happy with this ordinance.  Sherri Quarrie agreed. Dan Harper 418Avenue B  Dan Harperspoke about section 72Omhchalousforen internal and external entrance. Asked to get opinion letters_from Town Council and Town Planner that  allowing the exterior access would not turn it into multifamily.    Town Attorney Clifford Repperger spoke about Mr. Harper's feedback is about the previous revision of the ordinance. The language of the newest revision does not have the language related to the external entrance. Town Attorney Clifford Repperger did speak with the Town Planner Corey O'Gorman who did not feel that the allowance of a restricted separate guest cottage would convert a property from a single-family use as iti is zoned to multifamily because oft the restrictions such as size and location. We are not proposing detached only attached separate quarters, SO Vice Mayor Joyce Barton asked iftheg guest cottage would still need tol be attached by Town Attorney Clifford Repperger spoke about currently you can have separate living quarters that are attached by a roofline or common wall you just cannot have asecond kitchen. This section would allow you to have a second kitchen, but you would still have to maintain the attached roof line or common wall. The other consideration related to the multifamily concern is that you would still be required Vice Mayor Joyce Barton thought it would be a good idea to get a memo from Corey  there is no concern abouti itl becoming gmultifamily.  aroof] line.  tol have and maintain the homestead exemption oni it.  O'Gorman. Jim Simmons 409 Avenue B  Jim Simmons spoke about the County is supposed to be looking at and monitoring properties that are being rented out that have the homestead exemption.  Further discussion ensued  Vice Mayor Joyce Barton moved to pass the first reading of the proposed Ordinance 2023-02 for second kitchens; Commissioner Marivi Walker seconded;  Motion carried 5-0. 8. Old Business 9. New Business  A. Consideration of updates to the Town Boards  Town Clerk Amber Brown spoke about this agenda item is to start a discussion on updates to the boards. The first item is discussing the status of the Historical Preservation and Awareness Board because the Board's status was previously discussed and put in a probationary status. The second item is to consider changing thet term lengths fori the EmvironmentalAdwisory) Board (EAB), History Center Board (HCB), Historical Preservation and Awareness Board (HPAB),and: Parks Board from two-year terms tot three-year terms which would be consistent with the Planning and Zoning Board and Board of Adjustment. The third item ist to considerallowing non- residents as board members for the EAB, HCB, and HPAB. The fourth item is to    consider increasing the number of members on the EAB, HCB, HPAB, and Parks Board to seven members plus two alternates. The last item is to consider allowing the HCB to change their meeting date and time from the first Thursday at 5:30 pm  tot the: first Wednesday at 5:00 pm. Further discussion ensued  Vice Mayor Joyce Barton spoke about being in favor of making the HPAB an official Mayor Wyatt Hoover spoke about moving forward with a draft resolution. Commissioner SherriQuarriespoke: about changing thei name oftheHPABtoinclude  Board.  Ryckman House.  Vice Mayor Joyce Barton moved to change the term lengths for the mentioned boards to three-year terms: Commissioner Marivi Walker seconded; Motion  carried5-0.  Ali Dennington 413 SurfRd  Ali Dennington spoke about consistency and simplicity is a good idea. Would like to ask if HPAB is an actual board right now since resolution 2021-03 was never passed. Was this board disbanded ands still meeting as the board anyway.  CrystalCain 309SurfRd  Crystal Cain spoke about clarifying what the HCB does and the. HPAB. The. HCB is Vicel Mayor Joyce Barton spoke about allowing a limited number of non-residents on Town Manager Elizabeth Mascaro spoke about there being very knowledgeable people who are interested in being on our boards, but they do not live in Town. Commissioner Corey Runte spoke about allowing a limited number of non-residents Commissioner Sherrie Quarrie spoke about being in favor of it except for on the Mayor Wyatt Hoover spoke about combining the non-resident item with the number of board members excluding the Board of Adjustment, Planning and Zoning, and Police Pension Fund the other Boards will be allowed to have seven members and  just the museum whereas the HPAB is everything else in Town.  al Board.  on the boards to take advantage of their passion and expertise. Board of Adjustment and Planning and Zoning Board.  two alternates of which two can be non-residents.    Ali Dennington 413Surfrd  Ali Dennington asked what Mr. Runte thinks about this because he was not a resident. What happens ifsomeone lies about theira address to get on a board? You have procedural rules about not interrupting people. Ifyou have a hard time getting peoplez why noth haveac closing timefor residents toapply and then afterthat allow non-residents to apply. Have a rule tofill any open positions with ai resident first. The Charter says you have to be a resident to be on the Commission and believes it says that for all ofthe Boards as well, sO the Charter would need to be amended. You should not have non-residents ifa resident is interested. Mayor Wyatt Hoover spoke about the Commission having to approve each Town Attorney Clifford Repperger read the Town Charter section 3.12 Advisory Boards which states "such boards shall be compaadofarprsemahe membership Mayor Wyatt Hoover spoke about not addressing the non-resident issue.  application.  of registered electors oft the' Town.  Vice Mayor Joyce Barton moved to approve thei numberofboard members forthe specified boards to be seven members and two alternates: Commissioner Corey  Runte seconded; Motion carried 5-0.  Mayor Wyatt Hoover spoke about the last issue is allowing the HCB to change the meeting date and time from the first Thursday at 5:30 pm to the first Wednesday at  5:00 pm.  Vice Mayor. Joyce Barton moved to change then meeting date for the History Center Board to the first Wednesday at 5:00 pm; Commissioner Marivi Walker  seconded; Motion carried 5-0.  B. Consideration of restoring the dolphin tree in Ryckman Park  Public Works Director Tom Davis introduced Phil Bryan who is the artist who Phil Bryan spoke about the history of the dolphin tree and what he would like to do  originally carved the dolphin tree.  toi restore it.  Further discussion ensued  Commissioner Sherri Quarrie spoke about keeping it as part of the park and not  closing it off from people being ablei to access it.  Ali Dennington 413SurfRd    Ali Dennington said thank you to Tomj for tracking the artist down. She doesn't like the idea of blocking the tree offfrom the public, but maybe add a bench near it to allow people to sit and take pictures. Post a plaque with the history ofit and ask that people don't climb on it. It could be the Town mascot and you could have  Gemini students come up with a nameforit.  Vice Mayor Joyce Barton made a motion to move forward with restoring the dolphin tree not to exceed $4.000.00; Commissioner Corey Runte seconded;  Motion carried 5-0. 10. Staff. Reports  A. Town Attorney Report Noa additions B. Town Manager Report  Town Manager Elizabeth Mascaro spoke about submitting fifty stormwater projects into the State System, Parks Board has fifty booths signed up: for thel kid's entrepreneur fair, Friends oft the Melbourne Beach Library would like to sponsor a book box in Ryckman Park with kid's books at no cost to the' Town, and the 5k on Founder's Day is not going to work out. Thej person that was going to coordinate it wanted it to be a dessert run SO we could not come to an agreement. Another group wanted to do ai moonlight run the night before Founder's Day which would not work due to staffing but they will bel looking into doing it on the Spessard Holland Golf Course. The Town is looking into doing a fun obstacle course on thel beach on  the morning of Founder's Day. C. Town Clerk Report Noadditions D. Departmental Reports 1. Building Department  Building Official Robert Bitgood spoke about not having any new homes or stop-work orders. There are al lot ofrenovations; going on right now.  2. Code Enforcement No additions  3. Public Works Department  Public Works Director Tom Davis spoke about updates on projects and  introduced Sean Hasner the Public Works Foreman.    4. Police Department No additions  Commissioner Sherri Quarrie spoke about thel large increase in police  department calls from the previous month.  5. Fire Department Noadditions 6. Finance Department  Town Manager Elizabeth Mascaro spoke about a couple of overages such as salaries during hurricanes which get reimbursed from FEMA, the second area is tree removal, and the communication budget for the police dispatch was $500.00 more than what was estimated. Looking into the building department and where some items are being put to make sure they are put in the correct line  item.  Ali Dennington 413SurfRd  Ali Dennington spoke about the Town rules which say during public comment she can ask anyone questionsandi they are: supposed to answer, andi iftheyo don't know the answer they are supposed to say they will look it up and get back to you. Ali Dennington spoke about not accounting. for the revenues properly.for the building department and having to do corrected W2s for the already corrected W2s. She asked what the process is for selling old Town vehicles. She heard the Town bought thet vehicle the building officialdrives around townfrom his daughter which is a huge conflictofinterest. Why did Tom resign, why did Commissioner Sherri Quarrie spoke about being allowed tot take money: from one line item within a department to cover another line item within the same  Robert Schaefer resign.  department.  Vice Mayor Joyce Barton made a motion to approve the finance report as presented; Commissioner Corey Runte seconded; Motion carried 5-0.  11. Town Commission Comments  A. Review of Commission Action Item List  Updated  Town Newsletter - Get 3 quotes for publishing and mailing every other  month on 11x17in color - March    Sixth Ave Boat Ramp: Public Works Director Tom Davis spoke about meeting with Bowman Engineering at the Sixth Ave boat ramp to get them to  draw something up = March Second Kitchens: Closed  Isolate Dunes: Public Works Director Tom Davis spoke about a resident contacting DEP and due to turtles the wood fencing had to be removed, sO  colored rope is being installed instead- March  B. General Comments  Vice Mayor Joyce Barton spoke about changing the order oft the agenda such as staff reports towards the beginning SO employees do not have to stay fort the whole meeting, and general public comment towards the end so it doesn't set the tone for  the meeting.  New Action Item - Address the order of the agenda for Town Commission Meetings- Town  Clerk -) March  12. Adjournment  Commissioner Sherri Quarrie moved to adjourn; Commissioner Corey Runte  seconded; Motion carried 4-0. Meeting adjourned at 9:34p.m.  ATTEST:   Bulw Vice Mayor  b  Amber Brown, Town Clerk  NE    D 1883