Town Commission - Regular Meeting

Town Melbour Beach is calling an emergency town commission meeting to address the following agenda item. Uh could uh uh Miss Brown, could we have a roll call? Mayor Allison Dennington is absent. Vice Mayor Terry Cronin present. Commissioner Anna Butler here. Commissioner Tim Reid here. Commissioner Sher Corey here. Town Manager A. Marie Smith here. Fire Chief Gavin Brown here. Public Works Director will be here shortly. Town Clerk Amber Brown is also present. All right, we'll stand for the pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

We'll have a moment of silence. Okay. And then I'll recite the civility pledge. The commission and staff of the town of Melbourne Beach pledge to conduct all public discourse in a civil manner. The mayor and all members of the commission will treat one another with courtesy and respect and ask the public to do the same toward the commission, each other, and toward staff. We will be respectful of one another even when we disagree. We will direct all comments toward the issues. We will avoid personal attacks. All right. Now, before we get this uh we do have a moment for public comment. Seeing uh some members of the public out there, no comment uh be uh to be discussed. We'll move on to new business and that is the consideration of the cost to access and remove a live manatee from a storm water pipe and then do the necessary repairs. Uh, let's all welcome Miss Smith on her very first day as our town manager. Welcome to Melbourne Beach.

Welcome. Thank you. Thank you very much.

No, there we go. Okay. Thank you very much. I sure appreciate that, Vice Mayor. Um so about 2:3 o'clock we um got a call from our surveyors that they were surveying storm water management around basin 10 and they found a manatee in one of the storm water management pipes um in one of the large baffle boxes over there. Um and it was along um it's oak in Riverview uh right right at that intersection over there. Uh the uh manatee is they estimate about 1,200 lb about at least 9 ft long and um it was going through the pipes through the lagoon. We we assume it was because of the cold snap that we had and it was probably trying to find some place warmer. Um it crawled up the pipe and it took a right turn unfortunately into the box where it got trapped and it couldn't come out. So it is stuck there right now. We thought so. Um Florida wildlife uh was called uh uh federal fish and wildlife uh Bvard County uh was called as well. Uh both their public works as well as their fire. You know, our fire chief was called onto the scene. Our public works director and his crew were out there as well to assess the situation. Um, we initially thought we could turn the animal around in the pipe. Um, I think uh our fire chief here has a diagram of what

Not a good artist, but um what it looked like. Yeah. So, it won't be possible to to turn them around like we initially hoped. Yeah. It's a rectangular box.

Yeah. So, and it's two pipes and its tail is there. It came in through that way. His tail is kind of sideways and we thought we could try to pull him out backwards, push him backwards in there and then push him out that way, but it's the space is way too small. Um, we don't have the expertise for uh those small enclosed spaces. um Bvard County, they came out. They do have that expertise. And even um their fire department said, "No, it's too dangerous to have um our folks in there with a 1,200 pound animal. If it got angry or swished around, it could really injure somebody." So, the only other option was to open up the uh pavement in um on the road and to then take the lid off of that baffle box, which is a huge concrete box, which uh the lid is about 2 feet wider than the box itself, and it fits on top of it. So, you need a special kind of excavating crane to be able to take that out. Again, we don't have that kind of equipment. Uh, the best we could do is we could have um a contractor do that. And um Mr. Davis talked to our contractors and they said it would cost us like $50 to $60,000 which we don't have budgeted for for something like this. So um uh we did talk to uh the county. We talked to John Scott who is Bvard's emergency management director. We talked to Bvard County Commissioner Kim Atkinson who was on the site who was very nice and very helpful. Um and then I finally got in touch with Jim Lizenfeld who is the uh county manager and we agreed we're going to collaborate together. Uh they are going to send out their public works

folks to break up the road. They believe they have uh an excavator large enough to take that lid off the box. Um, Florida Wildlife is out there um and as well as uh another um staff from SeaWorld. They said that they have a large sling that they can put underneath the animal and we would use that same crane or would use a tow truck basically to lift uh the manatee out of there. Uh both um Bard County said that they have that they could use that those equipment. So, we've come up with a tenative solution. Um, but there will probably be costs to repave the road and other costs that we need a cost share with the county for, you know, they'll bill us for some of the work. Um, I think because they don't charge for labor that it probably be less than hiring a contractor to do the work. Um, but this was a situation, I think some of you were out at the site that, you know, time is of the essence, you know, and we we couldn't really go back and forth and I apologize for having to call you so quickly and I appreciate you coming out here on such short like half hour notice. Thank you so much. Um, but this was just unbelievable for a first day, but

unbelievable is right. Uh, could I hear a motion? Well, okay. So, I mean, I don't know if there's a certain amount that you up to a certain amount. We don't know exactly how much it will will cost, but we are doing this in collaboration with the county and they will work with us on that, but we we don't we probably don't want it open-ended.

Um, so maybe up to a certain dollar amount. I don't even know again being my first day, how much we have. I don't know, Tom, if you have a suggestion. Yes, ma'am. I based on the conversation after I think you had left, if we would have paid a contractor, we would talk 50 to 60,000. And what I'm suggesting, uh, manager, is if we went with up to, we'll be more than ample to compensate Bard County if if you agree to that. You're saying up to 50 or or I'd say 60 60

and and just a sidebar that you haven't even had the advantage you're slacking on your first day. We have one advantage uh basin one funds that we're currently using because of credit backs for work that did not have to be done. You should have 60,000 if we need it available there. All right. I I'll have to look at the budget because I have not seen that. Actually, I don't want to commit funds that I don't know we have. No, ma'am. I wouldn't commit a spin, but I positive note, I believe it will have it, but Okay. Okay. But

so I'd ask the commission to to make a motion. Uh and then of course we'll have discussion of that motion. We can we can change that motion, but in the interest of time, I'd like to start off with a motion. So, I'm happy to hear a motion from any one of you. I'd like to make a motion that the commission approve funds to alleviate this emergency situation up to the amount of $60,000 not to exceed. Is there a second? Second.

Okay. Now, it's discussion. Commissioner Reid. So we this is kind of question discussion. So we what we heard was to extract the animal and and then is someone transporting them somewhere else that and that's that we're we're covering those expenses. Florida as well is doing that are going to handle that part of the operation. Yes. Okay. Yeah. They have a special truck that they use for those kinds of animals for that kind of uh animal transport.

All right. So, I I would just ask that we're um we tailor the motion to be um limited to the uh the extraction and repair uh work associated. Um yeah, I think that's a friendly amendment. Um Anna, do you accept that? I do. Okay. All right. So, I will amend the motion to for the commission to um approve funding the repairs necessary to the road and the excavation of this emergency situation of the manity um in the baffle box not to exceed $60,000. Um second, can can I ask a question?

Sure. Um Marie, is our public works department personnel going to be out there and will that uh affect overtime or will that cause our staff some headache or is is the fire department and the county and FWC going to be in charge of the extraction without our personnel? Um well the fire department is going to be there. Um, I don't know if uh public works is going to be out there, Tom, because I think this is all going to be the county and their public works, but I don't know if you you need to be out there to coordinate anything.

Not that I'm aware of, ma'am. And if I do, I my I uh I'm exempt overtime. I just have to flex any time. So, that's what my question was was how how will we handle our staff with the um overtime restrictions and so forth and budget restrictions and do we need to make a motion or a vote on allowing our uh public works department just for that effort to have more money? Well, I think uh Mr. Davis said that he's exempt, so he if he needed to be there, he would he would be there. Um, but I don't think we need any other public works folks because

no. Okay. Reason I make appearances to make sure they do their job. Okay. They don't wreck anything. You know, um, I've got a question just for the commission. Um, you know, when we give a when we give a a budget and we say up to 60, usually that means that whoever's uh charging us, we'll go up to 60. Um, is there a way that we could we could frame this where we are up to 30 and if we have to go to 60 it it would have to be another commission vote. You know, I think time is of the essence. I don't want to nitpick, but you see what I'm saying? Yes.

So, it just is a a friendly amendment that we that we approve 30 right on the bat and then and then if it if it has to go up to 60, we we come back and have a second vote. I mean, because I think I think right now we've got the county coming in doing a lot of the work, which is great, but 60 seems like an awful lot if if the county is really sharing if we're sharing. I hate to be frugal or think about it that way, but that's just just Would you accept that as a friendly amendment? I do. All right. So that basically Amber, what we're saying is that we approve $30,000 uh with a a cap without a subsequent vote if we have to go up to the 60,000 max. Yes.

When when was this going to happen? Were they starting now? Yes, now. It's happening. Do we need to time? So the tra the crane is on its way. Yes. So we need to approve it and give them approval and it's going to happen. Do we have a second on that then?

A second. Okay. Or is there any further discussion? The only thing I was wondering is um being that that we're county and we're municipal is that maybe we should have a little bit of um our attorney investigating exactly how much our um financial um part will have to be and how much the county will have to be so that we do so that we're not wasting the taxpayers funds. by paying what the county should be covering or if it's FWC if they're going to chip in. So, I'd like to have something um some instruction that the manager will go to our different uh the attorney or whomever so we can make sure that we have that pretty much outlined um so that it's not all on just the municipal taxpayer dollars. Is that a is that a second a second second second motion? I think it might be a second motion,

wouldn't you think? Sounds like it. Yeah. So, so let's let's let's save that. Let's save that and let's ask Amber to reread do that at the next meeting also. Right. True. Could you reread the motion back to us, Amber? So, the current motion that's on the table is to approve up to $30,000 and then if the cost goes above that, it will have to come in front of the commission for a second motion for an up to $60,000 and that would be for the extrication of the manity and the repairs of the road.

Okay. And then uh Commissioner Corey, your your comment about getting Ryan involved. I think that that should be a second motion. So we'll Okay. So we'll take that after. So let's focus on this motion. Is there any further discussion on this motion? All in favor? I public comment. I public comment. Oh public public comment on this. Okay. It uh it passed unanimously. Uh, Commissioner Cory, if you if you would like, we could have that on the um next meeting about the funds and how that's going to and that would give our manager time to kind of figure out right on the players and where that money

because perhaps there's precedent set in another municipality where it's typically divided, you know, divied up a certain way or something. Yeah, I like that. Okay. Is there any other issues that we need to address? I think that's all that I came up with. Okay, let's hope not. Tom, do you have anything? Only one thing on the legal expense uh we should attempt to accomplish and that is clarification as to that shared baffle box and this line. Do we bear all the expense for the draining line? The time I shut off. It's not all ours. Right. Right.

That's the argument. nothing in writing as to the status of that box and that's what concerns me. Oh, okay. It could be the manatee situation calling you. That's why I ignored it. The poor man, let me tell you, our manager, God bless her. She's good. I walked the poor lady was trying to get and I walked in. I said, "Marie, you need to go with me." And she like, "Well, I really I said, "No, no, she got a manatee stuck in a pipe." She goes, "A what?" I said, "So she No, we understand. God bless her. She's had quite a Thursday. So, so those we can clarify that that for Ryan and and kind of give him some direction about that. Yes, sir. Ryan,

I kind of remember that that area has always been a question as far as county municipal and that was the direction I wanted to go with with my thoughts. I like that. I like that. Just one quick thing. This may be overreacting, but you know, there were people ga gathering and rightly so. Do we need to worry about, you know, police kind of watching over overnight or I'm just worried we're gonna be in the area. Okay. Okay. We have myself and another officer. She's down there right now. Okay.

Um we'll be in the area as long as we have to because we might actually have to block off more of that road. That's what I'm wondering. If we need to, we could probably have a couple of the fire guys come out because once that road the crane comes in or the tow truck, whatever they're using, we might need to block up a bigger intersection, right? So, we're we're going to be there. Uh the officer just text me. There's media showing up now. I figured so we're going to control that. Um just for the media, I believe I talked about it to the town manager already. Um but uh we're we're referring everything to FWC because the thing is is we don't know much about the manity once it comes out, right?

Um so they'll be able to answer all those questions where it's so on and so forth. So we'll be in there for crowd control for the police department um aspect uh crowd control and traffic enforcement. Perfect. Thank you. Thank you. So, uh, without further ado, I'm going to, uh, just hope that, uh, our folks at home and everyone here have prayers for this manatee and that he's saved and get gets home safely and that everybody doesn't get hurt in this rescue operation. Thank you all for your time. Do I hear a motion to close the meeting?

May, I did want one. I would say that um, the message I I would have is that, you know, we are working together in in collaboration and cooperation with Bvard County to save this manity. And um you know the folks in the county have been really remarkable working with us. Uh so true. Same with Florida wildlife. Um so um you know it really has been a partnership to work very quickly once we discovered that this manatee was stuck there in that storm water management pipe. So um that would be the that would be the story and the takeaway and anything I would say about uh this to anyone in the press or the public. Great point. Thank you so much.

Great perspective. Do do you want to put a message on our website for our residents? Yes, that's a good idea. Um, just a short brief. That message you just gave us would is the perfect message. Lovely. Yes. Because there's going to be a lot of questions. I'm sure you'll get a lot of calls uh about this and it'll be a great message. It's a great message. Okay. All right. I'll do that. Okay. Vice Mayor, one more thing. Just so everyone is aware and doesn't get concerned, this exact same agenda item will have to be ratified at the regular commission meeting. So, it'll be the same thing, but it will come back for the February RTCM. Okay. Okay. Just because for emergency meetings, but it's not slowing down the process. Oh, it just

No, no, no, no. It's just that it has to be noticed and because it's considered an emergency meeting, we didn't give ample notice public. Got it. Okay. So, it has to be ratified any decisions made during a regular publicly noticed meeting. Okay. Thank you. Great. Happy to hear. Motion to adjourn. Second. All in favor? I I I thank you all. Everybody. So, Miss Smith, Miss Smith, are you going to uh call them and let them know that they can get going or are they already going? No, they're already they're in process forward. Yeah. Okay. Yeah, I think time is of the efence, Gavin. Right. We they're moving.