Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING WEDNESDAY, FEBRUARY 17, 2021, 6:30 p.m. COMMUNITY CENTER, 509 OCEAN AVENUE  MINUTES  Commission Members: Mayor Wyatt Hoover Vice Mayor. Joyce D. Barton Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte Staff Members:  Town Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk Jennifer Torres    1.  Call to Order  Mayor Hoover called the meeting to order at 6:30 p.m.  2. Roll Call  Commissioners Present: Mayor Wyatt Hoover Vice Mayor Joyce D. Barton Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte Staff Present: Town Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk Jennifer' Torres  3. Pledge of Allegiance and Moment of Silence  Led by Mayor Hoover Presentations Boards and Committees  4. 5.  6. Public Comments  Jim Simmons 409 Avenue. B  Mr. Simmons commented that in the' Town Manager report, under item 8- Emergency COVID Resolutions, he expected that this would be a temporary measure because 1.)I It's against our code unless you have special exception and 2)it'sunfair to businesses who have gone through the special exception process and toi those who are already legally able to serve food and liquor.  Bob Semones 149 Moonlight Drive  Mr. Semones said he would like to see the resident-only parking policy changed toallow free parking for residents who live in the unincorporated portion of  Melbourne Beach.  Ron Holihan 4471 Fairway Drive receive resident-parking decals.  Mr. Holihan also felt that residents ofunincorporated Melbourne Beach should    Kate Wilborn 502 2nd Avenue  Ms. Wilborn asked the Town Attorney to look into the company who did the recent stormwater repairs near her home to seei ift the warranty is still active. She experiences flooding on her property. She felt a pump would be a low cost fix for thei issue and she can'ti understand why this is being neglected. Mayor Hoover asked the' Town Attorney about the contract related to that  stormwater project.  Some discussion ensued between Commission members.  Town Manager Mascaro said they have not observed a flood situation there. Commissioner Runte said he'so only seen pictures offlooding during a hurricane and suggested the' Town Manager contact BSE to find out if the pipe goes uphill. Mayor Hoover created an. Action Item instructing the Town Manager to reach out to BSE for specific information related to the stormwater issues in this area. The Town Manager said she would update them at the March RTCM.  Ms. Wilborn said it goes one-foot uphill.  Jim Simmons 409 Avenue B Frank. Kofflin 406 1st Avenue  Mr. Simmons clarified the name of the company who completed the project  Mr. Kofflin said thei issue may be with the water from above. It comes from Ocean Avenue, turns on Pine and heads tol her house. He suggested they takei the water load off the system at 2nd and Pinel because he feels there are: more issues than a  pipe going uphill. 7. Approval of Agenda  Commissioner Quarrie moved to approve the Agenda; Commissioner  Runte seconded; Motion carried 5-0.  8. Consent Agenda  Commissioner Quarrie moved to approve the Consent Agenda; Commissioner Runte seconded; Motion carried 5-0.  9. Public Hearing  Application for Land Use Plan Amendment and Rezoning (with Binding Development Plan) for 500 1st. Avenue, Melbourne Beach    1) Ordinance 2020-01; Future Land Use. Amendment  2) Ordinance 2021-02; Rezoning 3) Binding Development Agreement  Town Attorney Repperger addressed the Commission and those in attendance by explaining that this is an application filed by the owners of 500 1st Avenue and three components would be considered tonight; Future Land Use, Rezoning and ab Binding Development Agreement. He said there are two ordinances; 2021-01 and 2021-02. He advised they handle everything under one presentation so the applicant does not havei to reiterate everything more than once. The Commission  agreed.  Town Attorney Repperger read the Ordinances.  ORDINANCE NO. 2021-01  ANORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE. MAPOFTHE TOWN OF MELBOURNE BEACH COMPREHENSIVE PLAN ADOPTED PURSUANT TO SECTION 2A-1 OF' THE LAND DEVELOPMENT CODE1 TO CHANGE THE FUTURE. LAND USE DESIGNATION ON A. .41 ACRE PARCEL OF LAND DESCRIBED AS LOTS 11 AND 12, BLOCK 1, PLAT OF WILCOX MELBOURE BEACH, ACCORDING TO' THE PLATTHEREOF AS RECORDED IN PLAT BOOK: 1, PAGE, 58, PUBLIC RECORDS OF BREVARD COUNTY FLORIDA, AS MORE: FULLY DESCRIBED HEREIN, FROM SINGLE FAMILY TO RESIDENTIAL/BUSINESS,PROVIDING: A SERVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN  ADOPTION SCHEDULE.  ORDINANCE NO. 2021-02  AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICAL: ZONING MAP OFTHE TOWN OF MELBOURNE BEACH. ADOPTED PURSUANTTO SECTION 7A-15 OF THE LAND DEVELOPMENT CODE' TO CHANGETHE, ZONING ONA. .41 ACRE PARCEL OF LAND DESCRIBED AS LOTS 11 AND 12, BLOCK 1, PLAT OF WILCOX MELBOURE BEACH, ACCORDING TO' THE PLATTHEREOF, AS RECORDED IN PLAT BOOK: 1, PAGE 58, PUBLIC RECORDS OF BREVARD COUNTY FLORIDA, AS MOREI FULLY DESCRIBED HEREIN, FROM 3RS SINGLE-FAMIDDTO8B: (RESIDENTIAL BUSINESS ZONE) WITH A PROPOSED BINDING DEVELOPMENT AGREEMENT RESTRICTINGTHE USE OFTHE PROPERTYTOI NO MORE THAN FOUR (4) MULTIFAMILY RESIDENCES WITH NO. ALLOWABLE COMMERCIAL USES; PROVIDINGI A SERVERABILITY CLAUSE; PROVIDING FOR REPEALOF CONFLICTING    ORDINANCES AND RESOLUTIONS; PROVIDING AN EFFECTIVE DATE; AND Town Attorney Repperger said it was important to note that the Planning & Zoning Board heard the matter during their February 2, 2021 meeting and recommended denial ofboth ordinances and the BDAi in a unanimous vote. The applicant Frank D. Kofflin was in attendance and addressed the Commission.  PROVIDING AN ADOPTION SCHEDULE  Frank. D. Kofflin 500 First. Avenue  Mr. Kofflin acknowledged that Planning & Zoning denied his application but said he wasn'tsurprised given the fact that they seemed to be predisposed to that position. He proceeded to address some of the concerns and questions raised by  saying:  Hei is trying to redevelop the property in the best way possible. Thej property does not share a common boundary with any other Acomment was made as to the size ofthe lot by someone who backs up to ac condominium with 30 units. He assured that they are not trying to get anywhere near that. He wants it to look nice, and not be crowded, that's The real safety issue of traffic already exists. After the Police Chief put a speed trailer on his lot and 2,200 cars went down his street, only 170 were speeding. The real safety issue is cut-through traffic and not someone pulling out of a driveway that lives there. Speedbumps might help mitigate Wel know drainage is a problem - but whatever we develop on the property = we would be required to retain all the water on the property. VRBO - We don'thave any intention to do a VRBO - and this use would not be allowed if we rezoned. However, someone could buy it now and Affordable housing is an oxymoron in Melbourne Beach right now. The key to having a nice town is to have some affordable properties. This block was originally split upi into lots for development. The item went back to the Commission and members asked Mr. Vice Mayor Barton asked what his intention was with the units.  residential property.  why it is at a 4-unit maximum.  cut-through traffic and increase safety.  Our proposed project would not add any flooding.  turn it into a VRBO.  Kofflin series of questions.  A. The intention isi to build and sell and maybe keep one: for myself. Rentals would be a minimum one-year lease.  Mayor Hoover asked if he would be subdividing it.    A. No. Itv will still be one parcel.  Commissioner Runte asked where he owns property in Indialantic.  A. On the corner of 11th Ave and A1A where we are. zoned for 5 units = but only built four because wet thought five was too crowded.  Commissioner Quarrie said in his application he made a statement under purpose and intent that in 1957 thej present zoning was not acceptable. She wanted tol know how he arrived at that since it's on record the' Town complex was  there and sO was the church.  A. The church was built in 1991. When I moved here in 1990, Town Hall was not here, there was no public works building or 2-bay fire department. In 1957 when thel house was built there was no real  development.  Commissioner Quarrie went on to say that what she is getting ati is thati it was always the intention that thel house would be surrounded as iti is. The zoning was created to enable a center and historical homes could be made intol businesses right on the main street. She added that she did not think his project was in-line Further discussion ensued related tot traffici impact, density, and bicyclist and  with what the' Town's] predecessors wanted.  pedestrian safety, Public Comments  Tim Scanlon 1003 Pine Street  Against rezoning. It will result in a serious degradation oflifei for people in the neighborhood. He said thei infrastructure was not designed for multi-family and there are other properties available on Ocean Avenue sO there is no reason to go into residential neighborhoods where there is high density of traffic and  pedestrians already. Amy Peterson 305 6th Avenue Jim Simmons 409 Avenue B  In support of rezoning. If they have an HOA, it can be beautiful. She has five cars atl her home and they have a traffic issues ift they all leave at thes same time.  Against rezoning. While he is sympathetic to affordable housing ideas, he thinks they should be on Ocean Avenue. He's also not sure that short-term rentals can Town Attorney Repperger said it can be enforceable and added into the BDAif  be restricted through the BDA. desired by the Commission.    Amy Rickman 303 Sunset Blud.  Against rezoning. Land use plan was well thought out. Against encroaching on  single family homes with an apartment building.  Judy Baker 419 First. Ave  Against rezoning. Ocean Ave and. A1A is a business district, nowhere else. It  would set precedent to approve this.  Pete Peterson 305 6th Ave  Against rezoning. It was zoned this way for a reason. This is just not thel location  fori it.  John Hart 407SurfRoad Frank. Lagrossa 412 1st Ave  Against rezoning. It would set a bad precedent.  Against rezoning. This could be a watershed moment in this Town - as sO many towns that were once: nice places. But when leadership had thei tools to protect thet town they lacked the will, but right now the Commission has thej power to  reject this.  Adriana Cruz 507Ave  Against rezoning. Likes the small town feel. Thei item went back to the Commission.  Commissioner Runte said that he is a partner in a commercial construction firm in Brevard County. Melbourne Beach is special place and while the applicant made valid points it was purchased knowing that there were rules that came with the property. Instead, he would like to see: ai redevelopment project on Ocean Ave. Vice Mayor Barton noted that Mr. Kofflin gave a nice presentation. She agreed with the need to offer more affordable housing but felt this was the wrong property for the Mayor Hoover said he appreciated Mr. Kofflin's efforts and thei time he put intoi the presentation but he wants the Town to maintain its current charm and does not feel this  project.  project is something he can support.  Mr. Kofflin thanked the Commission for their consideration.    Commissioner Runte moved to deny Ordinance 2021-01 for Future Land Use Amendment on 500 1st Avenue; Commissioner Walters Commissioner Runte moved to deny Ordinance 2021-02 for Rezoning on 500 1st Avenue; Commissioner Quarrie seconded; Motion carried Commissioner Runte moved to deny the Binding Development Agreement for 500 1st Avenue; Commissioner Walters seconded;  seconded; Motion carried 5-0.  5-0.  Motion carried 5-0.  10. Old Business  A. Review ofTown Holiday schedule and considerations for observing Martin Town Manager Mascaro asked employees to complete a confidential survey asking their opinion on thel holiday schedule. The resulting conclusion was that most employees felt MLKJr. Day should be added tot the' Town's holiday schedule Mayor Hoover said the conversation is not with respect to staff preference but how does the' Town want to represent and respect thel holiday. Commissioner Walters felt the staff should not receive an additional holiday and instead should give up another current day offi in replacement ofit-s such as their birthday. He also noted that the day is ai national day of service and the residents The Town Manager said that police don'thave holidays - except fort their birthday, SO taking that away would impact the one day they have a choice over. Commissioner Runte noted that according to Town Clerk' Torres, Melbourne Beach will be the only Town not to observe it and that isn'tgood. He suggested they not trade it, cut the day in half or try to alter anything else. Instead just keep its simple and give MLK. Jr. Day off. He added that nearly 50-percent of other Commissioner Runte moved to approve Martin Luther King. Jr. Dayas anofficial holiday for Town ofl Melbourne Beach; Vice Mayor Barton  Luther King Jr. Day holiday.  without taking away any other current holiday.  sufferifTown Hall is closed.  municipalities have 12 days off.  seconded;    Public comments Adam Meyer 215 surf  Mr. Meyer said holidays do cost money. Motion carried 5-0. Town Manager Mascaro  B. Consideration of paid parking hours at Ocean and Ryckman Parks = Mayor Hoover said they need to decide; 1.) What we are charging for parking and 2.) What hours we are going to charge at Ocean Park, the Crossovers, and Ryckman Park. Commissioner Quarrie felt they should charge $2 an hour, 24-hours-a-day. The money The Town Manager said the current parking hours are 5 a.m. to 9 p.m. and people may not park at Ocean Avenue or the crossovers outside those times SO charging around the clock is not an option. She went on to say that the Commission directed her to charge Commissioner Runte asked how parking is enforced and Town Manager Mascaro said Vice Mayor Barton said most of the towns she has looked at have kiosk-metered parking. They have hours and it's more ofa a business district town, for example, 8 a.m. = to 6 p.m. in Cocoa Beach, and then it's free outside ofthose hours. She thought it may be nice to allow some people free time to walk beach in the mornings by offering free Commissioner Walters suggested paid parking at Ocean Park and the Crossovers from 5 Commissioner Runte disagreed with thel beach closing at 9 p.m. and said ift they don't allow early morning parking, they need to allow visitor passes and he intends to push for Further discussion ensued and the Commission reached a consensus that the parking rate should be $2.50 per hour. The hours of parking at the beach are 5 a.m. to 9 p.m. and discussion took place related to the fact that it would be a nice gesture to allow free Vice Mayor Barton moved to charge at kiosk parking beginning at 8a.m. at $2.50 per hour and closing at 9p.m. at the crossovers and Ocean park and closing at 11 p.m. at Ryckman Park; Commissioner Runte seconded;  will go to the parks so it'sall for a great cause.  the same rate as Indialantic = which is $2.50 per hour.  offenders are ticketed. Tickets are $50.  parking then. a.m. to 9 p.m.  that.  parking from in the mornings.    Public Comments  Jim Simmons 409 Avenue B  Mr. Simmons is in favor of passes on a limited basis and regarding matching the Commissioner Runte responded by saying = no, they got rid of cash meters and  Indialantic rate, he thought they went to all passes.  went to all kiosk parking.  Motion carried 5-0.  C.  Consideration and Review of comparison of Building Department's workload, staffing and costs between local municipalities = Finance  Director Kerr.  Finance Director Kerr shared thel building survey with information on the building Commissioner Runte said it was good information and our department appears to be comparable. However, he also noted that the process of getting a permit approved takes an inordinate amount of time. Itis also strict with many permits failing to meet requirements, and scheduling an inspection takes take. He also noted that staffis not Commissioner Quarrie noted that she thought the department was supposed to pay for Town Manager Mascaro said she has considered increasing the number of days worked  departments from nearby municipalities.  available five days a week. itselfbut it is $28,000 short.  by the Building Administrative. Assistant and the Building Official.  Public Comments  Jim Simmons 409 Avenue B  Mr. Simmons said people fail because the rates are too high and we have more complex builds than we had before. He said the Building Department is always Commissioner Runte suggested the Town track the average amount of time it takes for someone to get an approved permit - and the average amount oft time it  supposed to be close to budget but never exceed it.  takes to get an inspection scheduled after a request.    The Commission directed the Town Manager to have the Building Department track this process beginning the next day through May and then bring the results  back to the Commission at the May RTCM.  11. New Business  A. Consideration of Resolution 2021-01  Mayor Hoover explained that this Resolution is to show the Town's support in urging the State not to pass Senate Bill 621 unless iti is modified to no longer remove Vice Mayor Barton moved to approve Resolution 2021-01; Commissioner  Regional Planning Councils from the Florida Statutes.  Runte seconded; Motion carried 5-0.  Mayor Hoover asked the' Town Clerk if she could bring Resolutions related to opposition of State legislation regarding Vacation Rental Homes and Home- Consideration of changing time of meeting to 5:30 p.m. forall Regular Town Commission Meetings and Workshops - Town Mayor Hoover said hei is in favor of changing the meeting time to 6] p.m. The Commission agreed to request that the other Town Boards also change their  Based Businesses to the next RTCM. She agreed.  C.  Manager Mascaro  start times to 6 p.m. to offer continuity for residents.  Commissioner Runte moved to change all Town Commission Workshops and Regular Town Commission Meetings to 61 p.m.; Commissioner Quarrie  seconded; Motion carried 5-0.  C.  Review and consideration of proposal to clean HVACsystem at  Town Hall - Public Works Director Davis  Public Works Director Davis presented an invoice for duct-cleaning work at Town  Hall. However, after testing the air quality, noi issues were found.  The Commission decided to table the issue. 12. Staff Reports (2:55:30) A. Town Attorney Report - None B. Town Manager Report Orange Street plans from BSE.  Mayor Hoover asked the Town Manager to email the Commission Members with the    Town Manager Mascaro said she would and added that the pre-bid meeting took place with two companies in attendance. Bids open March 3, 2021 and must be in by 3:30 p.m. and opened by 4 p.m. Following that, recommendations will be presented toi the Ini regard to allowing local businesses the option of outdoor seating, Town Manager Mascaro said she spoke tot the' Town Planner and the' Town can allow outdoor seating on al limited basis for a specified time (like six or twelve months,) by granting ai temporary special permit to aid in mitigating the impacts of Coronavirus on local businesses. Town Manager Mascaro spoke to Nally, the owner oft the 300 Ocean Avenue building, whol liked thei idea but said the parking spaces directly in front oft the individual business are not dedicated to that businesses - it is free parking anywhere for all - SO other businesses who do not sell food and/or drink could object to that. Nally said she would Town Manager Mascaro said she also spoke to Charlie and Ron at the Melbourne Beach Market and they want to doi iti for the restaurant on the side, not in front. Town Manager Mascaro said she spoke to Chief Brown and Chief Griswold who confirmed there would be enough room for emergency vehicles toj pass through - and a protective barrier would need tol be in place that surrounds the outdoor area to protect Town Manager Mascaro also clarified that thel business can't change the structure of what iti is. Only businesses currently licensed to sell food and/or alcohol may do SO. She said the Commission will need to decide ift they want to create a Resolution to allow this special use permit and determine the length of time this will be allowed. In regard toj parking spaces, Mayor Hoover suggested that angling thej parking spots and making it one-way would create more space for the businesses to have outdoor seating.  Commission.  speak to thei individual business owners to gauge how they felt.  patrons from vehicles.  The Town Manager said that would require a code change. Mayor Hoover said he would be happy to do that.  Town Manager Mascaro said the process requires a vote and approval as well as public Mayor Hoover said he felt it was important to figure out what the whole plan is going to Mayor Hoover said he would like to move: forward with this and allow them to doi this until the end of the year. He suggested they add two Action Items 1.) Parking and 2.) Outdoor seating to the action item that already exists related to Ocean Avenue  hearings and an ordinance.  look like.  Beautification.    Commissioner Runte advised against involving FDOT unless they had to.  Town. Attorney Repperger said the Commission has to consider special exceptions that have already been made. He added that the dimensions of parking spots are defined in Commissioner Runte said we can change and waive parking requirements, adding that Mayor Hoover added an Action item - to start looking at the parking situation and understanding the relationships and formulas between parking and restaurants, and square footage and parking, in addition to considering code changes (78-50). He also created a second Action Item - Expanding outdoor seating with code changes. Town Manager Mascaro said she will bring the Commission a Resolution for their approval, adding that the Town's ability to allow the outdoor seating is only in response to COVID and it's a limited time special exception to assist local businesses. Mayor Hoover clarified that businesses should not be allowed to put just anything in the outdoor space, like a rack of clothes - instead they must create a semi-permanent space. Moving on, Town Manager Mascaro asked the Commission whether they wanted to The Commission agreed to move forward with a scaled-down Founder's Day event to Town Manager Mascaro said the Fire department will be taking over thel beer tent because the Rotary Club is struggling right now and not functioning at full capacity. She alsoasked the Commission to consider the Pineapple Man Triathlon and whether they Town Manager Mascaro presented artwork from schoolchildren for consideration ofa mural on the' Town bathrooms. Mayor Hoover said he felt we need to employ a proper artist to do the work and the majority of the other Commission members agreed. She went on to update the Commission on the planned COVID vaccinations in unison with other nearby municipalities. They are signing people up: for a waiting list but encouraging people to take the vaccination if offered first elsewhere. Regarding the pickle ball court - she needs to discuss it further with the Public Works Director before she can offer a true assessment of what they can offer. Mayor Hoover agreed she should continue to look into it.  the code.  municipalities, like the City of Melbourne, do it often.  cancel Founder's Day or go ahead with the event. take place on the first Saturday in May 2021.  wanted to keep the Rotary involved.    C. Town Clerk Report  Town Clerk Torres updated the Commission on the audiosystem and the cost estimate received from the current audio company. The Commission instructed her to get two  more quotes and return with the item in April.  D. Departmental Reports  1. Building Department 2. Public Works Department 3. Code Enforcement 4. Police Department 5. Fire Department  Fire Chief Brown asked about parking passes for his volunteer fire fighters making them exempt during times of emergency. Mayor Hoover said Chief Brown should make the Police Chiefa aware of any situation like this when it occurs SO they do not get ticketed.  6. Finance Department  Commissioner Runte moved to approve the January 2021 Finance Report; Commissioner Quarrie seconded; Motion carried 4-0 with Commissioner  Walters in dissent.  13. Town Commission Comments A. General Comments  Mayor Hoover said he wanted to add an. Action Item related to updating/refreshing thei faded crosswalks at Pine and Ocean, thei traffic light, and other areas in the Ocean Avenue area. Public Works Director Davis said he may need approval from FDOT. Mayor Hoover said we can talk to FDOT about the five areas in their jurisdiction and take care of the areas in our Town near Pine and Ocean. The Commission directed that Commissioner Runte thanked the Town, especially ChiefG Griswold, Chief Brown and the  this item is updated at the March RTCM.  Town Manager for attending his father's funeral. B. Review of Commission Action List  14. Adjournment  Commissioner Runte moved to adjourn the meeting; Vice Mayor Barton  seconded; Motion carried 5-0. Meeting adjourned at 9:46 p.m.    Auetlos Wyatt Hoover, Mayor  ATTEST:  Jennifer Torres, Town Bass  Clerk