Town of Melbourne Beach REGULAR TOWN COMMISSION MEETING COMMUNITY CENTER - 509 OCEAN AVENUE  March 15, 2022 at 6:00 p.m.  MINUTES  Commission Members: Mayor Wyatt Hoover Vice Mayor Joyce D. Barton Commissioner Sherrie Quarrie Commissioner Corey Runte Commissioner Marivi Walker StaffMembers:  Town Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk Jennifer Torres    1. Call to Order  Mayor Hoover called the meeting to order at 61 p.m.  2. Roll Call  Substituting for the Town Clerk. Amber Brown conducted the roll call  Commission Members Present Mayor Wyatt Hoover Vice MayorJoyce Barton Commissioner Sherrie Quarrie Commissioner Corey Runte Commissioner Marivi Walker Commissioner Members Absent  None  StaffMembers Present Town Manager Elizabeth Mascaro Substituting for the' Town Clerk Amber Brown Town Attorney Clifford Repperger Fire Chief Gavin Brown Building Official Robert Bitgood Public Works Director Tom Davis 3. Pledge of Allegiance  Mayor Hoover led the Pledge of Allegiance  4. Public Comments  After beinga acknowledged by the Mayor, members oft thej 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.  None  5. Approval ofthe. Agenda  Mayor Hoover suggested two changes to the consent agenda. First change isi toi item B Appointment of Crystal Cain applying to the Environmental. Advisory Board not the Parks Board. The second change is to item B Appointment of Robert Baldwin whol has  declined to be an alternate on the Board of Adjustment.    Commissioner Quarrie moved to approve the Agenda with the changes noted;  Commission Walker seconded; Motion carried 5-0.  6. Consent Agenda  A. Approval of February 16, 2022 RTCM Draft Minutes  Commissioner Quarrie advised she has not been receiving the draft minutes in Town Manager Mascaro advised she will make sure everyone is getting them.  advance for thel last two meetings.  B. Reappointment and Appointments  Reappointment of David Campbell and April Evans as Members of the Planning & Zoning Board for a term oftwo years, ending March 16, 2024 Reappointment of Robert Schaefer and Xochitl Ross as Members toi the Board ofAdjustment for a term oftwo years, ending March 16, 2024 Appointment ofLisa Kishegyi as Member of the Parks Board for a term of two Appointment of Dan Harper and Gabor Kishegyi as Alternates to the Planning Appointment of Robert Baldwin as. Alternate toi the Board of Adjustment - Appointment of Crystal Cain as Alternate tot the Parks-Beard - Environmental Appointment as Member of Heidi Brewer to MB Library Board  years ending March 16, 2024 and Zoning Board  Robert Baldwin declined the position  Advisory Board  C.S Site Plan Approval for 322 4th Avenue D.S Site Plan Approval for 504 Riverside Drive  Commissioner Quarrie moved to approve the Consent Agenda as edited;  Commissioner Runte seconded; Motion carried 5-0.  7. Old Business  A. Consideration of Resolution 2022-03 to extend canvas coverings on outside dining Town Manager Mascaro advised after a meeting with the Town Attorney and Town Planner they came up with Resolution 2022-03 which is an amendment to Resolution 2021-02. Resolution 2021-02 authorizes outdoor seating as a temporary use at businesses. The new resolution allows for temporary covering over seating areas and outdoor commerce areas. This would include the temporary installation ofcanvas and/or rsail cloth coverings. They would need to be permitted which would cost $75.00. This is a temporary solution, and we will need more time to consider  through 12/31/2022  any parking issues.  Vice Mayor Barton asked for clarification on how they will be installed    Building Official Bitgood advised typically they are installed on a four by four post  with some type of quick release attachment.  Vice Mayor Barton moved to approve Resolution 2022-03 Amending Resolution  2021-02; Commissioner Walker seconded; Motion carried 5-0.  B. Review and consider the proposed construction plan for the American Rescue Plan Town Manager Mascaro advised she and Tom Davis met with Scott and Ana the engineers from BSE to see what areas would provide the most benefit and biggest impact for the money. After deliberations it was decided taking First through Fir and Oak toi the Ocean and install swales like what was done on Orange would be the most effective. There were other areas that were discussed and will also need tol be addressed. This is step one with deciding what to do with these funds. Commissioner Quarrie asked about addressing the issues on Cherry.  Funds  Town Manager Mascaro advised Scott is aware oft the failure on Cherry and that iti is Commissioner Quarrie asked about the flowing water in the area of Ash. Public Works Director' Tom Davis advised the flowing water was tested and it is not Corey Runte asked ifv we move forward with this would it bej possible to combine jobs when using federal funds since they have very strict criteria. Town Manager Mascaro advised this is under new business with James Moore, but she explained that the accountants came up with aj program to manage all ofiti for the Town. This would allow the accountants to do all of the reports and track all of Commissioner Quarrie asked if there willl be a schedule laid out based on which Town Manager Mascaro advised there will be aj plan presented, possibly in a couple of months, that will systematically lay everything out by priority and will reflect the least amount of movement, with the most amount of construction, completed in the least amount of time. The other issue is going out for RFP. We are required to get 31 bids, but we do not want to just go with thel lowest bid. We have had tremendous success with Brewer on other jobs. There is a certain element with Brewer already Commissioner Runte advised we do not need to go with thel lowest bid. He also advised to keep in mind that the cost of construction continues to goup.  thei first priority which will cost about $350,000.  treated water, so it might be from a spring.  the funds.  projects will need to be done first to maximize the funds.  knowing howi to do business in our' Town.    Commissioner Quarrie asked if we should be concerned with the 1.6 million drying Town Manager Mascaro advised we have over $800,000 right now, and we will Commissioner Runte advised it could take three toi five months to draw up the plan, then a month for RFP, and with more funding anticipated coming in 2023 wecan Town Manager Mascaro advised that we also have funds in reserve if we do not want tol hold up thej project, knowing that those funds willl be coming in. She asked with hurricane season coming up ifv we should start north to south or south to Commissioner Runte advised with the Cherry issue and Harbour East doing dredging oft the canals it would make sense to piggy back on that first. Mayor Hoover: a advised that he has driven Orange while it has been heavily raining, and from Sixth south gets really flooded. Would it make more sense to go from Orange tol Pine on First, Second, and' Third which would be a longer stretch and intercept that rain before it goes further south. He also asked about intercepting water from Shannon, Banyan, Hibiscus, Citrus, Mango, and Jasmine before it can get to. Andrews. He asked about thej possibility of using additional funds through Town Manager Mascaro advised that we can use grant funds as well. We would have to bring someone in to look for those funds. Originally we were not eligible for grant money. A concern would be if we do not get the grant funds and diluting the funds. The Orange project took $700,000, and we: are currently talking about doing a whole section which will take every bit oft the 1.61 million. Ifwe don't want to doi this whole section and split the funds, we will have to make a new plan. Mayor Hoover advised the Andrews project would be phase B orl later and it should not be optional to look for grant money. We have no idea what grant funds are out Town Manager Mascaro advised the reality is we. have 1.6 million and how do we Public Works Director Tom Davis asked ift the grant funds would be a caveat or Mayor Hoovera advised no it would not be, and it should not hold up the project. He advised the whole process to plan and go out for RFP can be done at the same time  up ifthis takes too long.  receive our second funding after the first oft the year.  definitely start with the funds we currently have.  north.  grants.  there because we have not done any research.  want to spend it.  precursor to moving forward with the project.  as we research grants.    Commissioner Runte proposed creating an action item to looki into options for Commissioner Quarrie advised we need to focus on Basin 10 as that seems to be the major issue and get that started. Then look into grant funds for the other basins.  grant funding.  The project should not be held up.  New Action Item: Research grant funding for storm water projects.  Neal' Tompkins 2004 Neptune Drive  Neal Tompkins advised Harbour East is planning to aerate after the dredging is done. Since basin 10 empties into one canal in Harbour East he would like a more detailed report and put this issue front and center. One thing you don't see with these reports is what the muck looks like until you pull it out. He would be happy to sit down with the engineers to go over non-conventional ways to address this. Baffle boxes capture thel big stuff, but do not capture the muck and top soil run off.  Further discussion ensued  Commissioner Quarrie asked ift the map is old or new.  Public Works Director Tom Davis advised they might have used an old overlay and then modified it. Hea advised the County has small baffle boxes in Harbour East that Commissioner Runte advised we should look into different baffle box designs and Mayor Hoover recommended to continue working with BSE as planned starting south to north and add diversion tactics along Oak, and possibly altering the plan  they maintain.  swales along Oak while we are already doing projects in the area.  along First-Fourth.  Vice Mayor Barton moved to continue working with BSE as planned with the intent of starting south and moving north, add to the investigation diversionary tactics along Oak Street,and consideraltering thej planalong First, Second,Third, and Fourth to move the swales from the eastern most part of those streets to the section between Oak and Pine; Commissioner Runte seconded; Motion carried 5:  O.  8. New Business  A. Discuss drafting a Low-Speed Vehicle Ordinance fori the' Town  Town Manager Mascaro advised Chief Griswold isi in favor ofthis ordinance with some concerns. She stated possiblyincrease the fees slightly, and to not include the inspection with Indialantic. She advised one requirement would be having fully  licensed drivers which would not include learners permits.    Mayor Hoover asked about an interlocal agreement where Indialantic recognizes  our pass and we recognize there pass.  Town Manager Mascaro said yes that can be done.  Commissioner Runte asked about if current street legal vehicles will have to Town Manager Mascaro advised they would not. This would only be for the Commissioner Quarrie asked if non street legal vehicles can get insurance since Commissioner Runte advised you can insure anything. He advised that before his Mayor Hoover brought up thei issues of electric vehicles on sidewalks, specifically Commissioner Runte advised golf carts definitely should not be on the side walk, but electric bikes, electric scooters, or one wheels should not be on the road, sO Commissioner Quarrie brought up children riding in golf carts not in car seats.  participate.  vehicles that are not currently street legal.  that is a requirement.  was street legal, he did have full insurance on it.  golfcarts.  where would they go.  Town Manager Mascaro advised they can get a ticket for that.  Commissioner Walker is in favor ofincreasing the penalty fees starting at $100.00 then $150.00 then $200.00, and also making sure they are educated during the Town Manager Mascaro advised one thing the Chiefwanted to bring up: is that we would have to make it very clear to the parents, ifajuvenile that does not have a license is caught driving, it could be a criminal citation for the parents. Further discussion ensued on keeping the inspection fees the same.  inspection.  Commissioner Runte moved to proceed with drafting the low speed vehicle ordinance as presented with the changesofingreasing each enforcement fine by  $50.00; Commissioner Walkerseconded: Motion carrieds 5-0  B. Review and consider the approval of James Moore's ARPA Reporting and Town Manager Mascaro advised this is the agreement to take care of the reporting and other requirements regarding The American Rescue Plan Act. The cost would be $6,900 broken out into five draws over the course of our expenditures.  Compliance Consulting Engagement Letter    Commissioner Runte moved to approve the James Moore's ARPA Reporting and Compliance Consulting Engagement Letter as presented; Commissioner Walker  seconded; Motion carried 5-0.  C. Consideration of approving a full-time Finance Clerk position  Town Manager Mascaro advised that there have been several times in thej past where the Town has had a Finance Clerk Position. The Town now. has a full time Building Official, and thel building department is still ramping up with big remodels and tear downs. The current Building Admin, whol has always been thel back upi for the Finance Manager, does a fair amount of work fori the finance department. In an audit situation you have to have a separation of duties, so the Building Admin acts ini that capacity. She only works part time, and should really be focused on the building department. This new position would take on the finance related duties that the Building Admin is currently doing and more in order to support the Finance Manager. The person we. had was very capable, however, she was no longer ablet to work outside oft the home. This position has been vacant since October, so the funds that are in the budget right now would cover the cost for a full  time position for the rest oft this fiscal year.  Further discussion ensued  Mayor Hoover clarified that a part time position was already approved, but has been vacant, sO those funds would cover turning iti into ai full-time position.  Commissioner Quarrie moved to approve replacing thepart-time position witha full-time Finance Clerk; Commissioner Walker seconded: Motion carried 5-0.  D. Consideration of Service. Agreement with Point & Pay  Town Manager Mascaro advised there are two companies that are integrated with BS&A that offer online payment processing. The Finance Manager compared the companies regarding the fees and contacted other municipalities. After researching the Finance Manager recommended Point & Pay. The only thing that she brought up wast that the: agreementi is fora a threey yearterm. Town Attorney Reppergeradvised Town Attorney Repperger advised this is a standard agreement from the company. Hej pointed out that section seven provides for exclusivity, andtheterm undersection eight is for three years, sO there is very limited ability to get out of this agreement once it has been signed. Since this is their standard agreement he does not know  me we could see ift they will do a one year term.  how open the vendor is to modifying it, but you can certainly ask.  Further discussion ensued    Town Manager Mascaro advised any convenience fees will be passed onto the Commissioner Quarrie asked why wouldn't we want thei three year term because then we can lock in the current fees. She stated shei isi in favor ofl keeping the contract the way that it reads since we have references and they are better  individual.  financially speaking.  Commissioner Quarrie moved to accept the service agreement with Point & Pay as presented; Commissioner Walker seconded; Motion carried 5-0.  E. Discuss proposal toinvestigate the possibility of an Interlocal Public Safety Training Chief Brown presented the Commission with aj proposed opportunity to look intoa an Interlocal Public Safety Trailing Facility in Indian Harbour Beach. He explained that larger agencies typically have their own public safety training facilities, however, smaller agencies have less opportunities to train at a facility due to the cost and location. The Indialantic, Indian Harbour Beach, Satellite Beach, and Melbourne Beach Town Manager's, Police Chief's and Fire Chief's got together to look at the opportunity to have a combined training facility that could go on land that the Town of] Indian Harbour Beach owns. Chief Brown advised there is a good possibility of getting grant and or legislative dollars for the estimated construction cost of one to one point five million dollars, which would just leave any reoccurring maintenance costs. Lakeland just built a much larger training facility and it was three million dollars. The concept has already been presented toi the Satellite Beach Commission, who isi in favor ofit, and the City ofIndian Harbour Beach is open to thei idea. Chief Brown is asking ifthe Commission would back thei idea in concept and allow them to proceed with investigating the funding of this, and allow the' Town Manager to write a letter on behalf of the Town to the City of Indian Harbour Beach expressing our interest in the possibility of this sO they can consider reserving the land for this project. Chief Brown explained live fire training is a requirement and right now the department has to go mainland which takes our personnel and fire apparatus far away. We have a good relationship with Eastern Florida State College, however, the costs are continuing to go up and right now it costs over two thousand dollars for fifteen firefighters to go to the training facility, whereas, if we had our own facility it would cost around one. hundred and we could have as many firefighters participate as we wanted. This would be a big upfront cost, but a potential cost savings down  Center in Indian Harbour Beach  the road.  Further discussion ensued  Vice Mayor Barton moved to move forward with investigating the possibilityof an Interlocal Public SafetyTraining Centeri in conjunction with Indian Harbour  Beach; Commissioner Runte seconded; Motion carried 5-0.  F. Review: and consideration of estimates to replace Community Center roof    Public Works Director' Tom Davis advised he received 51 proposals. The2l lowest bids were even money. He is looking into why there is an eight to ten thousand dollar difference between some of the bids for the same materials and everything. He checked better business bureau andi is currentlyl looking at references. Heisl looking at the two lowest companies. Renew Pro has been the most responsive, sol he would  recommend them. Further discussion ensued  Mayor Hoover asked for clarification on the type ofs seam.  Public Works Director Tom Davis advised it would be Five V crimp and it would look similar to what we currently have in order to stay with what Town Hall has. Commissioner Runte advised you do not want exposed fasteners. Sun Coast ist the Mayor Hoover advised he would prefer to upgrade to the standing seam. Building Official Bitgood advised all oft the five V crimp style roofs contain exposed fasteners, which will then possibly have different types of metals, sO they may rust out and need to be replaced. He advised to definitely go with a standing seam. Commissioner Runte suggested approving a not to exceed amount to match Sun Coast's estimate of $46,295, and allow the other three companies to amend their bid to standing seam aluminum, and then award it to whoever) has the lowest bid  only company with the standing seam.  and is most qualified.  Commission Runte moved to approve a not to exceed amount of $46,295.00 for the replacement ofthe Community Center roofwith standingseam aluminum, and allow the three bidders to revise their proposals accordingly, and the lowest, most responsive, and best qualified bidder is selected by the Public Works Director; Vice Mayor Barton seconded; Motion carried 5-0.  9. StaffReports  A. Town Attorney Report Nol Report  Town Attorney Repperger advised regarding Resolution 2022-03 set backs, more permanent fixtures could cause an issue with parking. More details would need to bea addressed when moving forward. This resolution is a good stop gap while the  ordinance is still being worked on. B. Town Manager Report  Town Attorney Repperger advised the Town has a 25 year lease with the County that expires in 2026 for thel land and thel building of Old' Town Hall. The building    at one point was in Ryckman Park, then it was floated down the river to puti it where it currently is, and at some point it was given to the County. Right before thel lease agreement, the County advised they were going to demolish thel building, sot the Town went tot the County with a proposal and asked them not to demolish it Town Manager Mascaro proposed potential options such as having a longer lease, taking back possession of thel building, or moving it. She advised that ifit was moved, thel best place would probably be against the wall in Ryckman Park. She stated the Town currently does all ofthe maintenance on thel building. Commissioner Runte asked about getting a ball park figure ofthe cost toi move the  because they would liket to restore it as a historic center.  building 11 mile.  Crystal Cain 309 SurfRd  Crystal Cain asked what is wrong with the current agreement. She stated shel has had to deal with the County regarding that building multiple times and has not had any issues. She stated they bring in quite a bit ofr money from donations and rentals. Crystal Cain does not think the County would even care about the Mayor Hoover and Town Manager Mascaro advised these are. just options since thel lease is coming up, in case the County does not want to renew the lease. Mayor Hoover advised he would be interested in at least acquiring the building.  building.  C. Town Clerk Report No Report D. Departmental Reports 1. Building Department  Building Official Robert Bitgood advised he is making good progress on everything and working with tree mediation, and switching to online: for some Commissioner Runte advised he has received good feedback about the Building Official and how good iti is tol have a building official five days a week. Commissioner Quarrie advised the blue house on the corner of Citrus and Andrews, looks like they are installing a handicap access around the house, has  things.  a giant pile of dirt in the road.    Building Official Robert Bitgood advised he has recently noticed that happening more often and hel has been speaking with contractors to address it. Headvised  he will look into it tomorrow. 2. Public Works Department  Public Works Director Tom Davis advised the new building in thel back lot has been put in and is finished. The new kiosk for Ryckman Park came in with a broken screen, SO we are waiting for them to come out and fix that. Everyone is loving the new swings that are put in the parks. Ryckman Park bathrooms are closed for atl least this week for maintenance. Ocean Park has new showers. He stated Crystal Cain got people to adopt thej planters in the Ocean Park. Commissioner Runte really appreciates whoever is doing the mulch toi the trees on Oak, but recommended ift they are open to using a natural colored mulch. Mayor Hoover asked about some of the oak trees having flowers and others do Public Works Director Tom Davis advised he has no idea where the flowers came: from. He also advised the fire department waters thei trees, and Scott has Sherrie Quarrie recommended having our website allow people to post selfies to  not.  put down compost. show off our Town. 3. Code Enforcement No additions toi the report. 4. Police Department No additions to the report. Fire Department No additions to the report. 6. - Finance Department  Commissioner Quarrie asked if they can get a running total for parking revenue  instead ofjust the month. Town Manager Mascaro said yes.  Commissioner Runte moved to approve the Finance Report as presented;  Commissioner Walker seconded; Motion carried 5-0.  10. Town Commission Comments    A. General Comments  Vice Mayor Barton attended a recent Space Coast League of City's meeting and they discussed attendance; she would like to extend an invite tot the other Commissioners to attend in thei future. They have good speakers and she would likei to see al higher attendance from our' Town. Vice Mayor Barton went over the legislative updates. The bill on reporting regulation for council members died. The bill about municipalities making an ordinance change and then businesses having the ability to sue was modified. It was modified sO that it would not be egregious and there would not be frivolous suits, sO the ordinance would have to have some impact on the business. The smoking bill passed where you cannot smoke in public except for cigars. Itis unsure ifthe bill is a state statute, ori ifit just allows municipalities to prohibit smoking. The last bill she did not catch the Town Manager Mascaro advised in May the Town will be hosting the Space Coast League of City's meeting along with Indialantic. It will be on May gth at the Hilton Town Attorney Repperger advised he located the new smoking bill which is Committee Substitute for House Bill 105. This amends what was the Florida Clean Indoor Act. Itstates County'sand Municipalities may further restrict smoking within the boundaries of any public beaches, and public parks that they own except that they may not further restrict the smoking ofunfiltered cigars. Commission Runte invites everyone tojoin him to sky dive with the group that  details, but it was something about the protection oft trees.  beachside.  lands at Sands on the Beach on Founder's Day. B. Review of Commission Action List  Updated Items new trash cans  Research permanent tree lighting (up lighting) along Ocean Ave, nicer street signs &  Trash cans are installed  Experimenting with street solar lights at Ocean Park- Public Works Director  Tom Davis asked for another month  Audio equipment - next month  S.E.A Project - Town Manager Mascaro received an email from a board member wanting to set up a tent for Founder's Day to provide information - next month Add new action item - research grant opportunities to help alleviate the cost oft the  Multi-generational in terms ofl building code -1 next month proposed construction plan for the American Rescue Plan Funds  Closed Items  Research goltcar/low-speed vehicle certification process and thei idea of a beachside  "g-pass" -C completed    11. Adjournment  Commissioner Quarrie moved to adjourn; Commissioner Walker seconded;  Motion carried 5-0. Meeting adjourned at 8:48 p.m.  ATTEST:  hiylt Hooven L Wyatt'Hoover, Mayor  hb 518/22 Amber Brown, Substituting for  the Town Clerk