Town of Melbourne Beach  REGULAR TOWN COMMISSION MEETING NOVEMBER 16, 2022 at 6:00 p.m. COMMUNITY CENTER - 509 OCEAN AVENUE  MINUTES  Commission Members: Mayor Wyatt Hoover Vice Mayor Joyce Barton Commissioner Sherri Quarrie Commissioner Corey Runte Commissioner Marivi Walker StaffN Members:  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 6j 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  Staff Members Present Town Manager Elizabeth Mascaro Town. Attorney Clifford Repperger Finance Manager Jennifer Kerr Building Official Robert Bitgood Fire Chief Gavin Brown Public Works Director' Tom Davis Police ChiefMelanie Griswold Town Clerk Amber Brown  3. Pledge of Allegiance and Moment of Silence Mayor Wyatt Hoover led the Pledge of Allegiance  4. Public Comments  After beingacknowledged 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.  Ali Dennington 413SurfRd  Ali Dennington spoke about and provided a copy of a draft election contest that she  will be filing for all three commissioners.  Walter. Hardman 320. Sixth. Ave  Walter Hardman spoke about the importance of the dunes and staying off oft them.  Other municipalities have accesses and dunes marked or roped off.  NEWACTIONITEM = Investigate options to isolate access to the dunes - Town Manager  Elizabeth Mascaro and. Public Works Director Tom Davis -January  5. Approval of the Agenda    Vice Mayor Joyce Barton made a motion to approve the Agenda as presented;  Commissioner Marivi Walker seconded; Motion carrieds 5-0.  6.1 Presentations  A. Recognition of service to the Town presented to the Melbourne Beach Boy Scout Mayor Wyatt Hoover and Town Manager Elizabeth Mascaro presented a certificate of appreciation and recognized each member of the Melbourne Beach Boy Scout Trop3sowbovolumterd tof fill sandbags for residentsi ina anticpationofHurrcane  Troop330  Ian.  B. Donation presentation from the Melbourne Beach Volunteer Firefighters  Association  Vice President Travis Wood and Member Walter Hardman oft the Melbourne Beach Volunteer Firefighters Association presented a check to Fire Chief Gavin Brown in the amount of $2,129.43 for the purchase ofa a smoke machine to aid in training  scenarios.  A short reception took place  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  Staff Members Present Town Manager Elizabeth Mascaro Town Attorney Clifford Repperger Finance Manager. Jennifer Kerr Building Official Robert Bitgood Fire Chief Gavin Brown Public Works Director Tom Davis Police Chief Melanie Griswold Town Clerk Amber Brown  7. Consent Agenda  A. Approval of the Regular' Town Commission Meeting minutes September 21, 2022 B. Approval oft the Special Town Commission Meeting minutes September 30, 2022 C. Approval oft the Regular' Town Commission Meeting minutes October 19, 2022  D. Approval of the site plan for 514 Avenue B  Vice Mayor Joyce Barton moved to accept the Consent Agenda as presented;  Commissioner Marivi Walker seconded; Motion carried 5-0.  8. New Business    A. Consideration to allow the Palm Bay High School girls volleyball team to use our courts for an hour, two or three days per week from February through April Town Manager Elizabeth Mascaro spoke about being contacted by Troy White, who is the coach for the Palm Bay High School volleyball team, about the possibility of  using the volleyball courts three days a week for their practices.  Further discussion ensued  Mayor Wyatt Hoover spoke about declining to reserve the courts due to the team having other options closer to them and Melbourne Beach has limited facilities. However, the team can still come and share the courts, but the Town wouldn't  reserve them.  Item fails forlack ofmotion  B. Consideration of single audit and service: fee adjustments for. James Moore  Town Manager Elizabeth Mascaro spoke about the Federal Government requiring a single audit if the' Town receives more than $750,000, and since the' Town received the American Rescue Plan funds which exceeded the $750,000 it trigged a single audit for that money. The second part of this item is to increase James Moore's fees based on the level ofinteraction with the Town and the increase in the cost for all expenses. Their audit committee reviewed all of the contracts that they have to see  their revenues and ife each account is one they want to keep.  Further discussion ensued Ali Dennington 413SurfRd  Ali Dennington spoke about reading the letter and it says it is highly unusual, and they alreadyfound some problems, and mention budget problems they mightfind. Ali spoke about in her experience it sounds like there is some bad stuff in there and they are trying to cover themselves. It sounds like the auditors are trying tofire the Town because they want to get out ofit, however, if they stay on they see a lot of Town Manager Elizabeth Mascaro spoke about that not being accurate and that the Mayor Wyatt Hoover spoke about the letter from James Moore stating the increase is also attributed to the current economic environment that has forced a reassessment of all engagements and consideration of withdrawing from  work here.  letter from James Moore does not say that.  engagements that are not economically viable.  Commissioner Corey Runte moved to acknowledge and approve the change in the contract for the single audit and for the fiscal year 2022 only; Commissioner  Marivi Walker seconded; Motion carried 5-0.    Mayor Wyatt Hoover spoke about tabling the service fee adjustment portion to get  morei information from James Moore.  Jim Simmons 409 Avenue B  Jim Simmons spoke about some pointsfor consideration is whether they are doing work that they consider beyond the scope ofthe current contract or are they trying tor recover costs for items that are in the current contract, and when was the last time they got a raise. Jim Simmons has dealt with the current and previous auditors and before it was a disaster and. James Moore was a breath offresh air. There is a risk when you send things out for RFP which the Town did for the lawn mowing company ande ended up with ai twenty-five or thirty percent increase. You  might get a better deal, but you mightnot.  Barb Gunther 1903.AtlanticSt  Barb Gunther spoke about the letter saying they have spent above-querage time researching and assisting with questions outside the scope of the audit, sO that might be a basisforwhat the Town has asked them and could that be minimized. C. Consideration of Resolution 2022-12 amending the budget for the fiscal year 2021- Finance Manager Jennifer Kerr spoke about this resolution being for the carryforward balances from fiscal year 2021 into fiscal year 2022 in the specific  2022 related to the use ofall carry forwards for all funds  funds.  Ali Dennington 413SurfRd  Ali Dennington asked how the building department has a carry-over balance because by statute the building departmenti tisnot allowed tor make any money. She spoke about sending in a public records request on this exact issue three months agoand she has not received a response. She has written and will befiling a writ  ofmandamus on about ten public records requests.  Steve Walters 416Sixth Ave  Steve Walters asked ifthe original budget was exceeded, not the budget with all of the switches throughout the year, and if not which departments ifany exceeded their budget and what action was taken. This is why he always voted no because now you switch around all ofthis money to make it look good for the auditors but it's not going to work because they will list the same risks as the previous times. Town Manager Elizabeth Mascaro spoke about these funds being outside of the operating funds/general fund. These are stand-alone and they do not mingle with    the general fund. Wenever memorialized what was left overi in these funds because thei money staysi ini the fund, sO wel havet toi recognize thei remaining moneythat stays ini thei fund into the next fiscal year because thati is how the auditors asked the' Town to do it. The general fund was not over budget as it had over six thousand dollars  left in it which rolls into reserves.  Vice Mayor Joyce Barton made a motion to approve Resolution 2022-12 for consideration of the budget: Commissioner Sherri Quarrie seconded; Motion  carried5-0.  D. Consideration of Resolution 2022-13 amending the budget for the fiscal year 2021- 2022, amending expenditures for all funds, transfer funds from one fund to another Finance Manager Jennifer Kerr spoke about Resolution 2022-13 is tol balance within the departments thei fiscal year 2022 budget. The Town did not goovert the approved budget. This allows us to balance line items within each department that went over with line items that have remaining funds. For example, the public works department line item for building maintenance went over by $12,000.00, SO other line items with remaining money were used to cover that overage. This resolution also includes covering departments that went over their budget and closing out two Mayor Wyatt Hoover spoke about anyone being able to see the detailed accounting  fund to close out inactive funds  inactive donation funds.  monthly in the agenda packets. Ali Dennington 413SurfRd  Ali Dennington spoke about not being able to view packets online until recently. She would ask every Friday, for the packet and thanks to her they werej finally put online. Allthis time they could have been online. Youc couldn'tjust goonline to view them because they never used to be online, andi there'st not even one at the table here for anyone to look at, so they would have had to make a public records requestf for Mayor Wyatt Hoover spoke about towns throughout Florida being sued for ADA issues on their websites and when you have large PDFS that cannot be read by a reader then the Town can get sued. The reason they were taken off the website was to protect the Town from the liability specifically related to the ADA lawsuits that Ali Dennington spoke about not believing that. There are other things that are put on the website. She is awared ofthe ADA lawsuits. There are other things the Town could be sued for and the Town doesn't care about such as public records. Just Commissioner Corey Runte spoke about the reason Ali Dennington is waiting for public records is that she has submitted sO many she has her own line because if  ito and the Town doesn't like those.  were. happening.  because you say something doesn'tmake it true.    someone else submitted a request you would be all the way at the bottom of her  massive public records requests. Jim Simmons 409 Avenue. B  Jim Simmons spoke about the agenda packets being put onlinej formany years and were only taken offwhen the Town was approached by the Space Coast League of Cities about the Town's liability, SO all communities did that to avoid litigation because the person was winning. Things like the site plans are not readable to the audible readers, SO the Town took them offt the website for a period oftime.  Vice Mayor Joyce Barton made a motion to adopt budget Resolution 2022-13;  Commissioner Sherri Quarrie seconded; Motion carried 5-0.  9. Staff Reports  A. Town Attorney Report Noadditions B. Town Manager Report  Town Manager Elizabeth Mascaro spoke about the project on Redwood is moving right along. Shel had a meeting today with DEP as a requirement of the stormwater grants and they were very impressed with all oft the things the' Town has done. She received a request from a student asking to take a small baggie of sand to test for  microplastics. C. Town Clerk Report No additions D. Departmental Reports 1. Building Department homes being done. 2. Public Works Department  Building Official Robert Bitgood spoke about a lot of remodeling work and new  Public Works Director Tom Davis provided photos and spoke about a section of the road collapsing about eight inches over about a sixty-day period at Rosewood and Cherry. He will be meeting with the' Town Engineer tomorrow to assess it. The zero-turn mower was delivered and his employee is doing a really  good job on thel landscaping. Further discussion ensued    3. Code Enforcement  Building Official Robert Bitgood spoke about working with Bobi to get a good  process in place and make sure they are working together.  4. Police Department  Police ChiefN Melanie Griswold spoke about Elfl being the next movie in the park, School Resource Officer Bradley read toi the second graders, and she explained the speed trailer graphs that are in the agenda packet and when kids are ina low-speed vehicle or golf cart they still need to be in a car seat just like any other  vehicle. 5. Fire Department  Fire Chief Gavin Brown spoke about the Haunted House went really well, and teaching fire prevention for sixteen hours over eight days to over 700 kids.  6. Finance Department  Finance Manager Jennifer Kerr spoke about receiving $11,275.39 for parking revenue in October and $186,431.21 for fiscal year 2022 which does not include  parking ticket revenue.  Commissioner Corey Runte moved to approve the Finance Report as presented;  Vice Mayor Joyce Barton seconded; Motion carried 5-0.  10. Town Commission Comments  A. Review of Commission Action Item List  New Action Items  Investigate options to isolate access to the dunes - January  Updated  Research potential 140-year celebration events: Add to the December Permanent Tree Lighting: Public Works Director Tom Davis spoke about receiving the additional signs but not the hardware, and looking into solar Town Manager Elizabeth Mascaro spoke about someone spray-painted all of the uplighting lenses brown, but public works was ablet to clean them-. January  workshop and invite the parks board - December  options.    Charging Stations: Town Manager Elizabeth Mascaro spoke about the feedback she has received that the Town would need to get a fast charger, Options and costs for live streaming: Town Clerk Amber Brown spoke about contacting othern municipalities to seel howt they stream and what they use and also reaching out to private companies. This item ties into the upgrades to thea audio system that was approved, but not done yet to make sure the: systems Sixth Ave boat ramp: Vice Mayor Joyce Barton spoke about getting in contact with the waterway assistance program that has grants we can apply for Commissioner Corey Runte spoke about researching alternative funding Mayor Wyatt Hoover spoke about starting by fixing thes seawall and then longer- term getting resident engagement on what they want done - December S.E.A Project: Town Manager Elizabeth Mascaro spoke about the next big Commissioner Corey Runte spoke about getting a quote from our secondary  otherwise, a car would sit there all day long March  are compatible - January including a disaster reliefg grant.  options.  piece is the concept drawings and sidewalks. civil engineering company - December  Closed  Research options regarding code 7A-55 - Closed  B. General Comments isshort-term rentals.  Vice Mayor Joyce Barton spoke about one oft thel legislative issues for this session  11. Adjournment  Commissioner Corey Runte moved to adjourn; Commissioner Sherri Quarrie  seconded; Motion carried 5-0. Meeting adjourned at 8:40 p.m.  ATTEST:  Mayor  NEAmber Brown, Town Clerk  Hg  AHQUENEA  a  83