Town ofMelbourne Beach REGULAR TOWN COMMISSION MEETING JUNE 17, 2020 at 6:30 p.m. COMMUNITY CENTER = 509 OCEAN AVENUE MINUTES The' Town Commission conducted a Regular Town Commission Meeting on' Wednesday June 17, 2020 in the Community Center toaddress thei items below Commission! Members: Mayor. Jim Simmons Vice Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte StaffMembers: Town Manager Elizabeth Mascaro Town Clerk. Jennifer Torres Town Attorney Clifford Repperger I. Call to Order Mayor Simmons called the meeting to order at 6:30 p.m. II. Roll Call Town Clerk' Torres conducted Roll Call Commission Members Present: Mayor Jim Simmons Vicel Mayor Wyatt Hoover Commissioner Steve Walters Commissioner Sherrie Quarrie Commissioner Corey Runte StaffMembers Present: Town Manager Elizabeth Mascaro Interim Town ClerkJennifer Torres Town Attorney Clifford Repperger III. Pledge ofAllegiance and Moment ofSilence Led by Mayor Simmons IV. Presentations A. Presentation and Review ofTown. Audit by. James Moore Mr. Moore explained that the Town audit for FY 2019 is complete and was conducted 100-percent remotely. Het thanked the" Town Staff for their help and the extra effort they puti in throughout the process. Hei then went through a PowerPoint presentation to share findings including what he said was thel highest mark an Independent Auditor's Report can give - an unmodified opinion - Mr. Moore said there was one: significant deficiency found in the area ofInternal Control and Compliance related to some audit adjustments they thought should As part oft the. Auditor General Management Letter a recommendation was made related tol budget compliance and the leasing of police vehicles and an adjustment As part of the Independent Accountant's Examination Report, the Town was foundi in compliance. He also said that the Town has a very healthy reserve number which isi important for a coastal town vulnerable tol hurricanes. In addition, Mr. Moore noted that it's good to see a positive decrease in FRS and indicating a clean audit. be recorded aty year end. was needed to address the figures presented. thati it'salways good when you add new vehicles but can still pay down your debt as the Town has done. V. Boards and Committees No reports VI. Public Comments Dan Brunger 400 6th Avenue Mr. Brunger said in looking at the' Town website he could not find the minutes for April and March and wanted tol know when they would be added. Town Clerk Torres explained that the process of making the minutes ADA compliant has been aproject. She is making progress on it and hopes tol have the minutes posted on a regular basis by, July. Mr. Brunger requested a copy of the last few months of minutes be emailed tol him = and Town Clerk Torres agreed to do that. VII. Approval ofthe Agenda Vice Mayor Hoover motioned to approve the agenda as presented; Commissioner Quarrie seconded: Motion carried 4-1with Commissioner Walters in dissent. VIII. Consent Agenda B. Resolution 2020-04 A. May 20, 2020 Regular Town Commission Meeting draft minutes C. Site Plan Review for 422 Sunset Boulevard, Melbourne Beach D. Site Plan Review for 221 Surf Road, Melbourne Beach E. Site Plan Review for 451 Riverview Lane, Melbourne Beach F. Site Plan Review for 409 Second Avenue, Melbourne Beach Commissioner Quarrie motioned to approve the consent agenda; Vice Mayor Hoover seconded: Motion carried 4-1with Commissioner Walters in dissent. IX. Public Hearings X. Old Business No Public hearings A. Review and consideration of Environmental Advisory Board Projects for FY2021 Mayor Simmons said that this item was informational-only. The Environmental Advisory Board submitted their priorities for Fiscal Year 2021 and those will be B. Review and consideration ofTown of Melbourne Beach Paving Plan Map and Town Manager Mascaro shared a timeline of previous road repaving in Town. She said after research and discussion with the Town Engineer, it was determined that Orange Street should bej prioritized. Orange Street currently has crushed curbs and degraded foundation. In addition tol being milled and paved it needs tol be reengineered, have swales added, and gutters removed. And with the information provided by Commissioner Runte and the Town Engineer, she said she was able to come to what shel believes is an accurate estimate of costs for this The Town Manager suggested the next road that could be repaved is Riverside, but it may have to wait until 2022 orl later because after speaking to Indialantic's Town Manager, he said they are not scheduling repaving there until the current construction project going on across from Fifth Avenue is complete. As for a plan, she suggested taking care of Orange Street with the money set aside and then look at setting additional money aside to do Riverside - then proceed tot the "Key streets", head up north -1 then start the process over. Commissioner Runte said he was disappointed about Indialantic's postponement of Riverside repairs, explaining that he understands but wasn'tsure if Riverside could make it another 3-4years because it's pretty bad now and will get even worse: after al hurricane or storm. He understands there is efficiency in cost with doing the repairs simultaneously with Indialantic, but feels that a bad storm could quickly make it much worse than it already is. He then asked the Town Town Manager Mascaro said the estimated cost is $584,000 for Orange with Commissioner Runte said if we are spending almost $600,000 on one road - there should be some ways to implement something that would keep water heading into the river. He wanted to investigate better options, innovative ideas Town Manager Mascaro said that ift the Commission chooses to approve this plan, the' Town can go out and look for grant money to support it. Mayor Simmons asked the Town Manager ift this would be discussed further at upcoming budget meetings ori ifs she wanted a decision tonight. discussed at the upcoming budgetworkshops. Paving Estimate for Orange Street (16:38) work. Manager what the costs for Orange Street would be. another $20,000 for incidentals. and the grant opportunities to fund them. Town Manager Mascaro said it would be nice to get specific direction now - and Vice Mayor Hoover said that ify youl look at thel budget items for thej project, asphalt is $100 grand, removing curb is $ 30 grand and replacing the curb is $250,000. He: said he'di rather have an alternatel list ofinnovative materials they could use for the project - rather than Miami curb - and would like to see the He went on to say that ini terms of seeking grants, we want tol be able to say this design is reducing the flow of nutrients into the river and this current plan doesn'tshow that, so he feels we need tol have a different, innovative type of Town Manager Mascaro said that before they can look for options and grants, she needs tol knowi ift the Commission agrees to do Orange Street first. Mayor Simmons asked ifs she wanted them toi indicate whether Orange is the Town Manager Mascaro said yes she just wanted direction so she is able to begin Commissioner Quarrie said shel believed that Orange is thej priority and asked Roads need tol be resurfaced every 20 years and' Town Manager Mascaro explained the money for this comes out oft the long-term capital. The average budgeted is $100,000 fora a mile each year, but they could save overall costs by doing three miles int three years (ie, an "economy ofs scale"), etc. Mayor Simmons said - going back to Riverside - he understands we were talking about doing Riverside with Indialantic to get a reduction in costs - buti in looking at the map, Riverside is in bad shape and thes sewer: manhole cover at Riverside Circle looks like its falling in. So, he wasn't sure they had time to wait for He continued by saying that we have al lot of roads that haven't been repaved since 2012 - sO he suggested getting the same purchasing power by doing some ofthose streets that are near the north section of Riverside which have not been repaved in several years. He agreed that Orange needed to be the priority. There's continue toi talk more about the overarching plan. Town Engineer work this into the plan in advance. design toj present for a grant. priority. astudy or research grants and various innovative options. about thel budgeted money. Indialantic. flooding - curbs are sinking in, etc. Some discussion ensued about the Key streets. isal higher priority than the Key streets. Commissioner Runte said he thinks that Riverside is going to get worse faster because oft traffic and thel huge amounts of water in that area. He feels Riverside The Commission unanimously agreed by consensus that thej priority would be Orange Street -1 then Riverside Drive. XI. New Business A. Reviewand consideration of 6th Amendment to Indialantic Interlocal Dispatch Town Manager Mascaro explained that Indialantic handles dispatches for our Fire Department and this ist thes sixth year they have done SO. She went on to say there is no change in cost, we payi it quarterly and the Fire Department seems Commissioner Walters referenced page 207 oft the agreement and suggested that Mayor Simmons said the basic agreement spells out that it is $5,000 annually. Town Attorney Repperger said it is not our document SO Indialantic would have Mayor Simmons suggested they approve the agreement with a request to add in Agreement between Indialantic and MBVFD (34:14) satisfied with the arrangement. thes annual free of $5,000 be added. to add that in. the amount of $5,000 annually. Commissioner Runte motioned to approve the 6th Amendmentto Indialantic Interlocal Dispatch Agreement between Indialanticand MBVFD withanoptional request to change the verbiage to include the total annual costof $5.000 in the3rd paragraph of page 207: Vice Mayor Hoover seconded: Motion carried 5-0. B. Discussion and possible action regarding Binding Development Agreements, Re- Mayor Simmons explained that several years ago there was aj potential request for aB Binding Development Agreement (BDA) that didn'tend up before the Commission - because at the time the Commission ascertained that while our Land Development Code (LDC) allows BDRs as part of other development-i it did not allow them as part of a rezoning request. Prior toi that discovery, during the initial process of reviewing BDRs, two previous Town Planners, two different Planning & Zoning Boards and the current' Town Attorney each recommended the" Town approved BDAs as a concept agreeing unanimously it was the best way toj protect the' Town because it's a tool for the Town tol be more restrictive than it would normally be and leaves the Town with a sound mechanism to ensure: any agreements made as part ofa rezoning are in place inj perpetuity. zonings (38:46) The Mayor clarified that this issue is not being introduced nowi in anticipation of anyone needing it, instead it was on al list oft things he wanted the Commission to consider before he left office. He explained that this would allowt the Town to enteri into Binding Development Agreements ift they choose to. Public Comment - None Commissioner Runte asked the Town Attorney if hei felt that someone trying to Town Attorney Repperger replied that it gives thej property owner more purchase property in our' Town would like BDAS. flexibility. Commissioner Runte said with that response he is more: in favor of approving it. Hej just didn'twant to see what happened in Indialantic- where the code is so strict and has no flexibility causing some properties to remain vacant for a long time. He felt that ift this allows for more conversation to get creative, he is forit. Mayor Simmons said yes that's what it'si intended to do - itallows the Commission tol be accommodating ift they want tol be - but it doesn'tbind them to doa anything - itjust offers options Commissioner Walters moved that the' Town Commission authorize the Town Attorneyto develop an Ordinance to revise Land Development Code Paragraph 78-102 to allow the' Town to enter into Binding Development Agreements for rezoning: Vice Mayor Hoover seconded; Motion carrieds- C. Review: and discus memo draft from Courtney Barker Regarding Beachside Cities Concern with the amendment to the CEMP Removing the Policy Group (53:22) Town Manager Mascaro and Mayor Simmons both attended a meeting with other beachside Mayors and' Town Managers to outline their concerns and recommendations for the County Commission in relation to the revamping of the Mayor Simmons said all the municipalities are concerned. The fear for beachside cities is that the cumbersome decision making processes used during the pandemic will be used during hurricanes and won'tallow us to respond quickly Mayor Simmons said it appears the County Commission isi intent on putting Sheriff Wayne Iveyi in charge and none ofthe municipalities are in favor oftaking the decisions out oft thel hands of] professionals and giving them to elected officials O. Emergency Management Plan. and effectively to fast moving emergencies. ine emergency situations. Mayor Simmons said they crafted a response saying they are ok with the Sherriff taking over -but here are our concerns and thet things we want- including; consistent communication, consistency with opening up thel bridges, reliable media and distribution of news releases - and a few other things Thel Mayor said this draft is being sent to the County Commission, but iti is an evolving situation and he wanted to present it tot the Commission sO they can be Vice Mayor Hoover said hel liked the letter and appreciated their coordination. aware of where we are: right now. XII. StaffR Reports A. Town. Attorney Report Town Attorney Repperger said hei isi in thej process of drafting the RV/Boat Ordinance and wanted to confirm that one oft the conditions they approved Mayor Simmons said he didn't recall asking them to separate them in the code. Other Commissioners agreed that there is noi need for separating them. Town. Attorney Repperger said that answers his question and he won't was separating RVs and boats ini the code. separate them. B. Town Manager Report Town Manager Mascaro said thel Fire Department decided not to host a July The Commission expressed unanimous consensus to cancel the. July 4th event Town Manager Mascaro said' Town Hall planned to offer an open house for thej publicl but that will bej postponed for the time being. However, she will plan something for hurricane preparedness and will provide more 4thevent even though it was tentatively yapproved. because they agreed it's the responsible thing to do information on that later. Lastly, she said she spoke tol Indialantic Town Manager Casey about the speed reduction on AIA. She also sent a letter tol FDOT and they asked her to attend Vice Mayor Hoover said part of the issue with the speed limit ini that area where they want to change the speed limit - is that when it rains the area floods. He said he sent the Town Manager photos sO she could look intoi it. avirtual workshop on June 29th, T Town Clerk Report Town Clerk Torres said the monthly newsletter has been receiving a lot of Commissioner Runte said he also received al lot of positive feedback on the newsletter and said it was in a great format and good work. Mayor Simmons agreed and said the newsletter has been great. good feedback. Commissioner Walters asked if the' Town charges for mileage when fulfilling a Town Manager Mascaro said it was charged when staffl had tot travel toa Commissioner Walters said the' Town does not allow staff to charge for mileage - only for time over 15 minutes. Town Attorney Repperger agreed public records request. printer for as specific size print job. and asked the' Town Manager to inform staff. D. Departmental Reports: 1. Building Department - No comments 2. Public Works Department Public Works Supervisor Davis said several people have shown interest in having an outdoor fitness area and he determined thel best spot would be where thel bushes have grown behind the pavilion in Ryckman Park. He saidi it willl be a small set up and include a push up and aj pull up area and Public Works will construct it sot the" Town can expand its fitness offerings. PW Davis also said he's excited about something he and the Town Manager started with the Post Office and ai few volunteers. Because the Post Office has no budget for lawn maintenance, they negotiated with them to constructa rain garden with a small swale area between sidewalk and roadway. He said it willl be a showcase and hel hopes tol have it done by. July. 3. Code Enforcement - No comments 4. Police Department - No comments 5. Fire Department - No comments 6. Finance Department Town Manager Mascaro noted two corrections were made tot thei insurance figures. Commissioner Quarrie moved to approve the June Finance Report: Vice Mayor Hoover seconded; Motion carried 4-1with Commissioner Waltersi in dissent. XIII. Town Commission Comments A. General Comments - None B. Review of Commission Action List (1:24:16) New) Items None Closed Items Create special event permit for restaurants to have additional outdoor seating/signage: Mayor Simmons said no one has requested a special permit and suggested closing this item. Vice Mayor Hoover said the feedback he received is that the timeframe of three months does not allow agood return on investment. After some discussion the item was closed. EAB projects for 2020 - Received and closed. This will be taken up in Town Manager evaluation - Four (off five) Commissioners submitted their 6-month evaluations of the' Town Manager. The fifth commissioner did not submit one and the Commission decided to close this item. Grant opportunities for water retention along Oak and County roads - Commission closed this item is closed and it will be addressed as budget meetings. part of the Orange repaving Updates Collaborate with Indialantic to make, joint request to FDOT for reduction in speed limit on A1A to 35 mph: This was updated in prior Street paving and repaving plan - The Commission agreed not to close this item until they receive a forecast and asked the Town Manager to research sustainable design changes that could be incorporated and update at July RTCM. Beach Access parking - Kiosks will take 6-10 weeks to arrive. The Mayor would like to order parking signs now. Discussion about what would go on the sign ensued. Instead of stating an exact amount of thei fine, the Commission settled on wording to be subject toaf fine - in case the fine increases at some point. Mayor Simmons asked if the Commission really wanted to do five year stickers - thinking that renters who move away would keep theirs. Commissioner Runte said iti is too much of a burden on residents and staff to renew more often. The Commission agreed by majority to keep decal renewal at every five years. Agreed to use what they have for now and look for ways to make them betterin discussion. It will be updated again at. July RTCM. the future. Update at. July RTCM. Charging stations - the Commission consented to obtain a free two-car charging station from Tesla. This will bei installed along Ocean Ave in front of the Town Hall sign/flowerbed. Because ofa a recent accident, the Commission also changed the parking configuration. The first space (in front ofthe sign/flower bed) will be converted to a bike parking area and the 2nd and 3rd spaces will have the charging station. Iti is expected that this will improve visibility for cars pulling out ofTown Hall onto Ocean Ave. Update at. July RTCM. Establish salary ranges - Commission pushed this item to August RTCM. Comprehensive plan for safe pedestrian and bike routes - Town Manager Mascaro said the grant-funded study was complete and it was unable to identify any significant areas in town that could become bike routes. Vice Mayor Hoover suggested looking along Ocean Avenue and other areas for opportunities to replace worn paint. He also suggested incorporating al bikei image on Riverside to encourage thei idea that the road is shared with bicyclist. Mayor Simons said this should be included ini the Riverside repaving plan. Vice Mayor Hoover said there are some: areas where this work could be completed now - like Pine. He would liket to decide what areas could benefit from this. The timeframe and various options for painting the roadways were discussed including doing the work in house or contracting it out. Commission asked for an update on this item at the August RTCM. XIV. Adjournment Vice Mayor Hoover motioned toa adjourn; Commissioner Quarrie seconded; Motion carried 5-0. The meeting adjourned at 8:36 p.m. ATTEST: Clerk D. Simmons, 5 Japies Mayor Aen