Town ofMelbourne Beach REGULAR TOWN COMMISSION MEETING COMMUNITY CENTER - 509 OCEAN AVENUE  MAY 18, 2022 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 Public Works Director Tom Davis Interim Town Clerk. Amber Brown    1. Call to Order  Mayor Wyatt Hoover called the meeting to order at 61 p.m.  2. Roll Call  Interim Town Clerk Amber Brown conducted 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 Finance Manager Jennifer Kerr Building Official Robert Bitgood Fire Chief Gavin Brown Public Works Director' Tom Davis Interim Town Clerk Amber Brown  None  3. Pledge of Allegiance and Moment ofSilence Mayor Wyatt Hoover led the Pledge of Allegiance  4. Public Comments  After being acknowledged by the Mayor, members of the public should statei 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.  Jude Wilson 526 Sunset  Jude Wilson stated she was here for two reasons. She wanted to congratulate the Firefighters that areg graduating thise evening. She stated her husband started thec class with them but had to postpone it due tol health reasons. The second reason is toprovide the Commission with picturesf from Sunset Blud after the last rain. Thefirst picture is the view. from her garage looking across the street. She stated it shows the cut is overflowing because the median is filled with plants and other materials. The second picture is of a drain showing it is full. She requested the project that has already started at Riverside be continued to remove the curb and stuff in the median all the  way to Pine Street, sO this will no longer be a problem  Ali Dennington 413SurfRd  Ali Dennington asked where she canfind the backup documentationfor the audit.    Mayor Wyatt Hoover stated the' Town staff can provide that tol her.  Ali Dennington stated: she has requested whatever information was sent tot the auditor.  5. Approval ofthe. Agenda  Commissioner Corey Runte moved to approve the Agenda: Commissioner Marivi  Walker seconded; Motion carried 5-0.  6.1 Presentation  A. Fiscal Year 2021 Financial Audit presented by James Moore  Zach Chalifour partner of James Moore reviewed the Town Audit and explained there are four reports that they issue that summarize the results of the audit. The first report is an unmodified independent auditors' report on the financial statements. The second report is on internal control and compliance. Zach stated there were two comments that were classified as significant deficiencies. He explained the difference between significant deficiencies which are second-tier comments/recommendations, and the most significant deficiencies are material weaknesses which there were none. The first comment was related to any adjustments required to correct account balances due to cutoff issues. The second comment is related tot thet timeliness ofbank reconciliations. Itis recommended that bank reconciliations be done within thirty days after the end oft the month and some months were a little longer than that. Thethird report goes over prior audit findings and the follow-up. The last report is looking at the Town's compliance with state statutes regarding investment activitya and policies, and they found the' Town tol bei in compliance with that. Zach reviewed some of the financial statements.  Further discussion ensued  B. Presentation from Drown Zero International presented by Melbourne Beach Rotary Alan Ross from the Melbourne Beach Rotary Cluband Marcin Kubiack from the Cocoa Beach Rotary Club presented Drown Zero International. The Rotary Clubs would like the' Town to consider allowing Rotary to fund, install, and maintain Drown Zero life rescue stations at all eleven public beach accesses within the Town. Drown Zero Stations are a physical structure to assist with life-saving efforts.  Club and Cocoa Beach Rotary Club  Further discussion ensued Paula Panton 809 Riverside Rd  Paula Panton stated she owns a water safety products company that supplies lifeguard equipment all over the world. She stated no one. should ever try to rescue someone without some type ofdevice. She explained the life ring is the    most recognizable piece ofrescue equipment that the general public recognizes and each one can assist three maybefour people to hang onto. Paula stated this is  agreat idea. Steve Stewart 305 Fourth. Ave  Steve Stewart asked ifthe life rings would be out there twenty-four seven. Marcin Kubiack stated yes, the entire station would always be there. The life ring would always be there unless it was used or stolen which at that point it would be  replaced. Jason Hanson 241 Woody Circle  Jason Hanson asked ifthere was a reason there isn't a line on the life ring to encourage people to throw it rather than going into the water. Wyatt Werneth, who is working with both Rotary Clubs, stated entanglement issues  become a big problem. Dan Brunger 400 Sixth. Ave  Dan Brunger stated this is a good idea, and by not putting things on the life ring it will make it less likely to be a collector's item. He: stated aboutfifteen years ago he went into the ocean to assist someone who was drowning and he didn't have any  device to assist him, SO he is allfor this.  Commissioner Corey Runte moved to approve the Rotary Club of Melbourne Beach: and Cocoa Beach tof fund,install, and maintain the Drown ZeroLifel Rescue Stations at allpublicl beach accesses in the Town ofMelbourne Beach for a totalof eleven at no expense to the Town; Commissioner Marivi Walker seconded;  Motion carried 5-0.  C.P Presentation of Donation from the Melbourne Beach Volunteer Firefighters  Association.  Fire Chief Gavin Brown stated the Volunteer Firefighters Association is a not-for- profit 501 (c) 3 group that is not part of the fire department, but they fundraise to help fund some fire department needs with recruitment and retainment fori the volunteers. He stated they held a pancake breakfast on Easter, and they would like to donate the proceeds to the fire department donation fund. Chief Brown explained the Association is made up ofal Board who are volunteers with the fire department. Vice President Travis Wood presented Chief Brown with the check. D. Promotional ceremony of new State Certified Volunteer Firefighters presented by  Fire ChiefGavin Brown - Reception toi follow    Fire Chief Gavin Brown recognized and swore in the new State Certified Volunteer Firefighters: Tom Kloiber, Mike Dean, Sam Cox, and Jason Hanson. He stated out ofthe ten students that started the class only five (four from Melbourne Beach) were able to complete all the necessary requirements including the minimum one  hundred ninety-one hours of classroom training.  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 Finance Manager Jennifer Kerr Building Official Robert Bitgood Fire Chief Gavin Brown Public Works Director Tom Davis Interim Town Clerk. Amber Brown  None  7. Consent Agenda  A. Site Plan Approval for 405 River View Ln B. Site Plan Approval for 1508 Pine St  Commissioners SherriQuarrie moved to approve the Consent Agenda; Vice Mayor  Joyce Barton seconded; Motion carried 5-0.  8. Old Business  A. Consider the purchase and installation of 7 new street poles for Ocean Avenue, Public Works Director Tom Davis stated several companies, except for the two companies hej provided, only provide poles and noti the: accompaniments tot the] poles. Both companies haveidentical products, butt the company out ofTexas hast thel lowest price. Additional accompaniments can be added at a later date. These would allow  Ryckman Park Block.  seasonal banners or potted plants to be hung from them. Item. Ain Old Business was pushed to the end of Old Business.  Public Works Supervisor' Tom Davis provided copies ofthet two proposals he was able toget. Streetscapes came back with a modified proposal which is approximately two  thousand dollars less than the original. Further discussion ensued    Commissioner Corey Runte made a motion to waive the requirement for three proposals since we have two very qualified proposals; Commissioner Marivi  Walker seconded; Motion carried5-0.  Commissioner Sherri Quarrie stated ifthei two companies have comparable products and esthetics she would recommend going with the cheaper company from Texas. Public Works Director' Tom Davis clarified that every sign on the West end of Ocean  will be switched to this style.  Commissioner Corey) Runte moved to approve SA-SO a DBA ofACP International for the streetscape pole signs on Ocean Avenue as presented not to exceed five thousand dollars: Commissioner Marivi Walker seconded; Motion carried 5-0. B. Discussion on drafting a Low-Speed Vehicle Ordinance for the' Town.  Attorney Clifford Repperger said he is in the process of drafting the Low-Speed Vehicle Ordinance, but it was not ready for this meeting. What's in the packet is Indialantic'sand we: are mirroring theirs. He askedifthere was anything specificthe  Commission would likei included. Further discussion ensued  Commissioner Sherri Quarrie asked about thes shared database and having to provide Attorney Clifford Repperger advised anything that the Town maintains we would have to produce any information requested as part ofaj publicrecords request. Town Manager Elizabeth Mascaro advised it would only be with Indialantic, and anything we have access to we would have to provide as part of a public records Commissioner Sherri Quarrie asked if as part of the Interlocal agreement with  public records for a different municipality.  request.  Indialantic can we get free parking.  Town Manager Elizabeth Mascaro stated she will ask. C. Proposed RFP for Cherry and Rosewood stormwater/road repair.  Town Manager Elizabeth Mascaro stated this is the first part of the stormwater project using the ARP funds. She stated Cherry and Rosewood need immediate attention due to the continuous sinking of the roadway. B.S.E Consulting prepared  this RFP to bid on the project. Further discussion ensued    Vice Mayor Joyce Barton moved to approve the bid package prepared by B.S.E Consultants for the Cherry and Rosewood stormwater/road repairs:  Commissioner Marivi Walker seconded; Motion carried5-0.  D. Resolution 2022-05 Fee Schedule  Town Manager Elizabeth Mascaro stated thisi is very similar to whati the Commission approved last month, however, there was one fee that was inadvertently left off for the building department. The Town has a few different fee schedules, so this is also  consolidating them into one. Ali Dennington 413 SurfRoad  Ali Dennington stated: she has pending public records requests that were submitted under the previous fee schedule, SO the fees for her pending public records requests  should not be changed.  Town Manager Elizabeth Mascaro stated those fees stayed the same.  Commissioner Corey Runte moved to approve Resolution 2022-05 as presented;  Commissioner Marivi Walker seconded; Motion carried 5-0.  9. New Business  A. Request for an executive session.  Town Attorney Clifford Repperger stated there is a pending appeal in Code Enforcement case number 2020-CE-198. The Special Magistrate rendered a Findings of Fact, Conclusions of Law, and Order on March 30, 2022. The Respondent filed a Notice of Appeal timely. He stated he has a previously declared conflict and cannot represent the Town on appeal. Conflict Counsel Morris Richardson has agreed to continue his representation of the Town on the case on appeal. Conflict Counsel Richardson desires advice concerning the litigation. Florida State Statute Section 286.011(8) permits the Town Commission to meet in private with its legal counsel to discuss settlement negotiations or strategy sessions related to litigation expenditures. Town Attorney Clifford Repperger stated the Executive Session would bej partofa Special' Town Commission: meeting which would be open to the public, but when the meeting gets to the Executive Session then everyone must leave except for the Commission, Town Counsel, Town Manager, and  the Court Reporter. Chuck Cain 309, SurfRd  Chuck Cain stated he appreciates the Commission and Staff that seeks to enforce the Building Codes equitably. He wouldurge the Commission tos standfirm andi not  be dragged into a rabbit hole.    Ali Dennington 413Surfrd  Ali Dennington stated the Town usedtoh have a Code. Enforcement Boardwhich was made up of citizens that would vote. She stated people decided the Code Enforcement Board was too slowornotr making the right decisions, and so they got rid of the Code Enforcement Board and hired a Special Magistrate who is an attorney in Indialantic. Anyone witha ac code violation uillpohnfontefmatome, from Indialantic who has an ethics violation on his record. The whole point of having a Special Magistrate was to be more cost-effective and faster, but it is costing you guys a lot more. In theory, a Special Magistrate is a great idea, however, having personally gone through the experience there were no procedures set and she didn't get to call any witnesses. She thinks it will get overturned on appealj for several reasons. She stated the Commission should reconsider putting Mayor Wyatt Hoover asked if Ali Dennington would not be suing the Town if five Ali Dennington stated anyone can still appeal. She stated ifshe felt they made the wrong decision then yes, she would appeal. She stated the Board might make a better decision. Ali stated the Special Magistrate railroaded her and had his mind  the Code. Enforcement Board back together. residents got together and ruled against her.  made up before he walked in the door.  CommissionerCoreyl Runte moved toapprove the request for an Executive Session as presented; Commissioner Marivi Walker seconded; Motion carried 5-0.  B. Consideration of Proclamation recognizing the Florida League of Cities and the Legislative. Affairs Team for aj job well done in the 2022 Legislative Session. Vice Mayor Joyce Barton stated other Municipalities are doing the same type of Mayor Wyatt Hoover stated the Florida League of Cities including Vice Mayor Joyce Mayor Wyatt Hoover read the Proclamation recognizing the Florida League ofCities and the Legislative. Affairs Team for a job well done in the 2022 Legislative Session.  thing.  Barton have done a ton oflobbying on our behalf.  Vice Mayor Joyce Barton moved to accept the Proclamation commending the Florida League of Cities and the Legislative Affairs Team for their hard work during the 2022 Florida Legislative Session; Commissioner Marivi Walker  seconded; Motion carried 5-0.  C. Consideration of Proclamation recognizing May 11th through May 17th, 2022 as Mayor Wyatt Hoover read the Proclamation recognizing May 11th through May 17th,  National Police Week.  2022 as National Police Week.    Vice Mayor Joyce Barton moved to accept the Proclamation recognizing) National Police Week as presented; Commissioner Marivi Walker seconded; Motion  carried 5-0.  D. Consideration of Proclamation recognizing May 21st through May 27th, 2022as Mayor Wyatt Hoover read the Proclamation recognizing May 21st through May 27th,  National Safe Boating Week.  2022 as National Safe Boating Week.  Robert Triebell 29 Cove Rd  On behalf ofthe Coast Guard and Coast Guard. Auxiliary, Robert Triebell wanted to thank the City and the rest of the Town Council for supporting National Sqfe Boating Week for the past three years. Robert Triebell; provided boating statistics including 75%ofdeaths were caused by drowning, and 80%ofthose deaths didnot have life jackets. Alcohol use was the leading. factor in accidents and deaths. In 70% of the accidents, the driver did not receive any type ofinstruction. He stated the Coast Guardrecognizes the Townd ofMelbourne. Beach as a Safe Harbor, a Town that supports safe boating practices. There was a Town event on Safe Boating, and  the Coast Guard has provided training.  Commissioner Corey Runte moved to approve the Proclamation recognizing May 21st through May 27th as National Safe Boating Week; Commissioner Marivi  Walker seconded; Motion carried 5-0.  E. Consideration of Proclamation recognizing May 23rd through May 3oth, 2022 as Mayor Wyatt Hoover read the Proclamation recognizing May 23rd through May 30th, Fire Chief Gavin Brown stated in alignment with the beach rescue stations that they just approved it would be good to recognize National Beach Safety Week.  National Beach Safety Week.  2022 as National Beach Safety Week.  Commissioner Corey Runte moved to approve the Proclamation recognizing May 23-d through May30th as National Beach Safety Week; Vice Mayor Joyce Barton  seconded; Motion carried 5-0.  F. Consideration of Proclamation recognizing June 3, 2022, as National Gun Violence Mayor Wyatt Hoover read the Proclamation recognizing June 3, 2022, as National Interim Town Clerk Amber Brown stated this proclamation was requested by the  Awareness Day.  Gun Violence Awareness Day.  Town of Indialantic who just approved it.    Dan Brunger 400SixthAve  Dan Brunger stated he would like it amended to criminal violence. He stated it is the criminal, not the gun. This is putting emphasis on the wrong thing in this Mayor Wyatt Hoover stated an important part of this is to pay tribute to the victims  situation. as well.  Vice Mayor Joyce Barton moved to accept the Proclamation declaring the first Friday in June as National Gun Violence awareness day in Melbourne Beach; Commissioner Marivi Walker seconded; Motion carried 4-1with Commissioner  Corey Runte casting the dissentingvote.  G.C Consideration of approving a $500 donation to the City of Melbourne for the. 4th of Finance Manager Jennifer Kerr stated prior to 2020, due to Covid, the Town of Melbourne Beach has donated $500.00 to the City of Melbourne for this. The City  July Fireworks Celebration.  ofMelbourne is again requesting donations.  Further discussion ensued  Vice MayorJoyce Barton moved toapprove the S500.00donation to] MelBoom for the 4th of July fireworks celebration put on by the City of Melbourne:  Commissioner Marivi Walker seconded; Motion carried 5-0.  10. Staff Reports  A. Town Attorney Report No Report B. Town Manager Report  Town Manager Elizabeth Mascaro stated she received great feedback from the employees that attended the Space Coast League of Cities dinner. They really enjoyed it and felt good being included. She stated Vice Mayor Joyce Barton, Police Chief Melanie Griswold, and Lieutenant Matthew Smith attended Space Coast TPO to receive the 2021 Engineering Award on behalf oft the Town. She also received a loto ofg great feedback about Founders Day. There were no police or fire-related Commissioner Corey Runte stated Founders Day was awesome and thanked everyone fori the hard work. He stated it was the busiest he has seen it.  incidents.    Mayor Wyatt Hoover stated the day after the last meeting the Gemini second graders came to' Town Hall for a tour. Hel had the honor ofs speaking with all of  them.  C.T Town Clerk Report No Report D. Departmental Reports 1. Building Department  Building Official Robert Bitgood stated everything is going well. There are several new homes coming into the area. He is working on updating the landscape ordinance. The new software program is very helpful in streamlining Mayor Wyatt Hoover stated as part oft thel landscape ordinance which says residences in the single-family zoning cannot have a hedge or shrub that is taller Vice Mayor Joyce Barton stated it would be nice to provide some privacy and a Mayor Wyatt Hoover stated thei traffic is getting worse and worse, especially along A1A, and the ordinances state a fence that goes past the front oft the house can only be four feet tall. He explained on the residential streets neighbors across the street and next to you watch out for your house, but for the residents that live on A1A, the neighbors across the street have a huge barrier preventing them from looking out for their neighbors across the street. Would it be reasonable for houses that directly face A1A1 to increase the fence or wall restriction to six feet to have a better sound barrier, more privacy, and security Building Official Robert Bitgood stated other Municipalities do have that same Commissioner Corey Runte and Vice Mayor Joyce Barton stated that is very Commissioner Sherri Quarrie stated she would be open toi the discussion, but would also want to make sure the three-foot right-of-way is adhered to.  thes system.  than four feet. sound barrier.  protection from A1A. type of exception.  reasonable and they are open to it.  2. Public Works Department  Public Works Director Tom Davis stated they planted plants in Bicentennial Park and extended the landscaping around Ryckman Park, thel broken parking kiosk was fixed and delivered so it will be installed soon, and posted signs that    say bikes must stop at stop signs. Making good progress on Sunset Blvd, and Commissioner Sherri Quarrie asked about the five-foot area between the library and the grocery store. Who is responsible for maintaining that area. Public Works Director Tom Davis stated an irrigation company and at tree  added more golf cart parking spots.  trimming company were there the other week.  Further discussion ensued 3. Code Enforcement  Commissioner Sherri Quarrie asked about 505 First. Ave building a pond and Town Manager Elizabeth Mascaro stated she has been there and the pondi is Building Official Robert Bitgood stated it was reviewed to make sure it wasn't Town Attorney Clifford Repperger stated the M/H stands for a motor home. Commissioner Corey Runte requested we allow Code Enforcement to do their  M/Hini front, and why is this a case.  very shallow and there is nothing that prohibits the pond. against any building codes or considered a nuisance.  job and the investigation. 4. Police Department No additions toi the report 5. Fire Department  Noadditions to the report 6. Finance Department  Commissioner Corey Runte moved to approve the Finance Report as presented;  Commissioner Marivi Walker seconded; Motion carried 5-0.  11. Town Commission Comments A. General Comments None  B. Review of Commission Action List    Updated  Grant funding opportunities: fors stormwater - Town Manager Elizabeth Mascaro spoke with Scott from B.S.E. to coordinate our efforts, and she found two grants Mayor Wyatt Hoover recommended reaching out to IRL which has a team of Permanent tree lighting - Public Works Director Tom Davis would like to purchase two different types of lights one that's installed in the first Voft the tree and the other would be in the ground to see. how they look. The installation would probably need to be a flex conduit on thel back side oft the Audio system in the Community Center - Mayor Wyatt Hoover stated they want fewer cords, possibly at television, and microphones for each seat. - next S.E.A project - Town Manager Elizabeth Mascaro stated she wanted to havea table at Founders Day, however, she was unable to attend. Thea additional parking spots are done, planting in Bicentennial Park was done, and new poles along Ocean Ave arei in the works. The next big-ticket item would be underground retention for stormwater. = next month  that just opened up. August  grant writers that are at our disposal to get feedback.  tree because oft the squirrels. - next month  month  Further discussion ensued  Mayor Wyatt Hoover stated we: somewhat have a deadline now because FDOT said they are going to do their portion of A1A during the fiscal year 2026. Commissioner Corey Runte would like to see a public workshop scheduled  within the next three months.  Commissioners agreed tol have a public workshop in July.  Low-speed vehicle certification process = ordinance and Interlocal agreement Multi-generational - Town Manager Elizabeth Mascaro stated this came from Planning and Zoning wanting to define the word kitchen. Our code right now prohibits two kitchens but does not define what a kitchen is. - next month Mayor Wyatt Hoover recommended having an agenda item next month to go over what parts oft the code would prohibit multi-generational living.  next month  12.Adjournment    Commissioner Corey Runte moved to adjourn; Commissioner Marivi Walker  seconded; Motion carried 5-0. Meeting adjourned at 9:12 p.m.  ATTEST:  Wytt Hoou WyattHoover, Mayor  hp  Amber Brown, Interim Town Clerk  VE  1883