MALABAR TOWN COUNCIL REGULAR MEETING MINUTES June 17th, 2024, 7:30 PM  This meeting of the Malabar Town Council was held at Town Hall at 2725 Malabar Road.  1. 2. CHAIR: VICE CHAIR: COUNCIL MEMBERS: TOWN ATTORNEY: TOWN MANAGER: TOWN CLERK: 3. 4.  CALL TO ORDER: ROLL CALL:  Council Chair Mayor Patrick T. Reilly called meeting to order at 7:30 pm. CM Hofmeister led P&P.  MAYOR PATRICKT. REILLY DAVID SCARDINO MARISA ACQUAVIVA BRIAN VAIL JIM CLEVENGER MARY HOFMEISTER KARL BOHNE LISA MORRELL RICHARD KOHLER  APPROVAL OF AGENDA- ADDITIONS/DELETIONS/CHANGES: None  CONSENT AGENDA:  4.a. Approve Minutes of 6/03/2024 RTCM Exhibit: Agenda Report Number 4.a.  MOTION: CM Scardino/CM Vail to approve Consent Agenda as amended.  Discussion: CM Acquaviva provided context for her comments under 8.b. Clerk states he will  make the correction. Vote: All Ayes (5-0).  5.  ATTORNEY REPORT: Atty Bohne states that there has been a preliminary injunction filed against Form 6. The injunction is Statewide. Municipal elected officials will still be required to file a Form 1. There may be an appeal, but for now elected officials and candidates do not have tot file al Form 6. Mayor Reilly states he already filed his Form 6. Clerk Kohler advises Council that filed Form 6s  can be replaced by Form 1s on the FDEMS site.  6.  STAFF REPORTS 6.a. Manager Exhibit: None  TMI Morrell began by stating that there have been large rocks delivered along Rocky Point Road. They have not been shaped and sloped yet, but that is coming soon. She also continued to discuss the project with FEMA in the hopes of receiving additional funds or in-kind services. We are currently doing a Benefit Cost Analysis on the type of shoreline that will go in place. CM Acquaviva asks if the project will be delayed or financially hindered by any potential storms? TM Morrell states that natural disasters would generally not delay the project beyond the on-site construction delays. CM Clevenger asks if the project is on schedule. TM Morrell states that the first step has taken a while because of al high level of quality. There is an ongoing project inl Rocky Point toi improve some drainage, but there is an FPL line int the area that needs mitigation.  6.b. Clerk  Exhibit: Agenda Report Number 8.b.    Clerk Kohler states that Staff has prepared and sent for publishing the legal ads required to run before qualifying. They will run in Florida Today on July 16th and 23rd. Also, the Florida League of Cities Annual Conference will be held from August 15-17 in Hollywood Fl. Mayor Reilly has indicated his intent to attend. Ifany other Council Members are interested in attending, please let Staff know as soon as possible. Additionally, staff would like to remind Council of the upcoming Budget workshop, scheduled for Monday June 24hat7 PM. CM' Vail asks for the qualifying dates. Clerk Kohler states July 30th to August 13th, and states he has packets available. PUBLIC COMMENTS: Comments at this point may address items NOT on the Agenda. Comments related to subsequent Agenda Items may be made as those items come up. Public comments do not require a Council response. (Speaker Cardi is Required):  7.  8.  PUBLIC HEARINGS:2  8.a. SECOND READING - Amend Town of Malabar Land Development Code Section 1- 3.3, Size and Dimension Criteria, Table 1-3.3(A) to Include Maximum Density (Units Per AN ORDINANCE OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA; AMENDING SECTION 1-3.3 - SIZE AND DIMENSION CRITERIA; AMENDING TABLE 1- 3.3(A); ADDING MAXIMUM DENSITY (UNITS PER ACRE) WITHOUT CENTRAL WATER AND WASTEWATER AS A COLUMN; PROVIDING FOR CONTENTS OF SAID COLUMN; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE  Acre) Without Central Water and Wastewater. (Ordinance 2024-04)  DATE.  Exhibit: Agenda Report Number 8.a.  Clerk read by title only. Public Hearing Opened. Public Hearing Closed. Discussion: None  Staff Comments: Clerk Kohler states that there are no changes from the first reading. MOTION: CM Vail/CM Clevenger to approve the Final Reading of Ordinance 2024-04. POLCALVOTECAVALA: CM Clevenger,Aye: CM Scardino, Aye; CM Hofmeister, 8.b. Vacate Request within Section 11, Melbourne Heights subdivision (SD) Section "E" AF RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE VACATE AND ABANDONMENT OF A FIFTY (50) FOOT-WIDE UNIMPROVED PLATTED RIGHT-OF-WAY THAT RUNS APPROXIMATLEY TWO HUNDRED AND FOURTEEN (214) FEET BETWEEN PARCELS 2937-4175421AND23 37-11-75-41-1 KNOWN AS "ORANGE STREET" AS FURTHER DESCRIBED HEREIN; AUTHORIZING THE TOWN CLERK TO RUN A LEGAL ADVERTISEMENT OF THIS ADOPTED RESOLUTION; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FORAN EFFECTIVE DATE.  Aye; CM Acquaviva, Aye. Motion Carries 5-0. east of Corey Road (Resolution 11-2024)  Exhibit: Agenda Report Number 8.b. Chair asks if the applicant wishes to speak.  Clerk read by title only. provided in the area.  Property Owner, Beverly Chambers, 431 NW 17th Ave, Ft. Lauderdale, states the vacate will provide her and her husband additional land, and become consistent with the other vacates Staff Comments: Clerk states the request is as stated in the agenda. The request is similar to previous vacates ini the same Subdivision. Legal notices and mailers were sent to all property    owners within a 500 ft. radius of the effected area, and no negative comments were received  by Staff.  Public Hearing Opened. Public Hearing Closed. Discussion: None  MOTION: CM Vail/CM Scardino to approve Resolution 11-2024. Acquaviva, Aye; CM Vail, Aye. Motion Carries 5-0.  ROLL CALL VOTE: CM Clevenger, Aye; CM Scardino, Aye; CM Hofmeister, Aye; CM UNFINISHED BUSINESSIGENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  9.  RELATEDTOTOWN APPOINTED BOARDSICOMMITES:O  10. ACTION ITEMS:  ORDINANCES FOR FIRST READING: 0  RESOLUTIONS: 1 MISCELLANEOUS: 2 (Resolution 12-2024)  10.a. Appoint Anne Vliegenthart as a Regular Member to the Planning and Zoning Board Al RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ANNE VLIENGENTHART TO THE MALABAR PLANNING AND ZONING BOARD AS A REGULAR MEMBER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE  DATE.  Exhibit: Agenda Report Number 10.a.  Clerk read by title only. resigned. Discussion: None.  Staff Comments: Clerk Kohler states that this Resolution will provide Ms. Vliegenthart to become the 5th voting member of the Planning and Zoning Board, replacing Member Shortman, who ROLL CALL VOTE: CM Scardino, Aye; CM Hofmeister, Aye:; CM Acquaviva, Aye; CM  MOTION: CM Scardino/CM. Acquaviva to approve Resolution 12-2024.  Vail, Aye; CM Clevenger, Aye. Motion Carries 5-0. 10.b. Approval of Fire Chief Position Exhibit: Agenda Report Number 10.b.  Staff Comments: TM Morrell states that it is her duty as the Town Manager to provide a recommendation to Council. She also thanks the Lts. for serving on the review committee and for their general support in the process. She recommends, with the full support of Lts., Ron Angelone. She feels he will provide Malabar FD with the next step of professionalism and MOTION: CM Scardino/CM Hofmeister to approve the recommendation of Ron Angelone Discussion: Mayor Reilly asks who served ont the review committee. TM Morrell states the LTs and Union Rep. Endicott. She feels it was a good team project and feels this is a good fit. CM Acquaviva states she feels Mr. Angelone will be al benefit to our Town. TMI Morrell will complete  development. She is hoping to work with him to provide a safe Town. as Fire Chief as presented by the Town Manager.  the background check and medical testing.  VOTE: All Ayes (5-0).  10.c. Purchase Request - 4" Well at Eagles Nest Trailhead  Exhibit: Agenda Report Number 10.c.    Staff Comments: Clerk Kohler states that this request is from the Trails and Greenways Committee. The Committee has been working to develop an equestriani trailhead at 2345 Marie Street with access to the Jordan Scrub Sanctuary. A key piece of an equestrian trailhead is having water for horses to drink. The Committee also approached Malabar FD to discuss the possibility of a well being used to draft water in the event of a forest fire. Former Chief Foley and Former Interim Chief Giantonio both supported the project and provided guidance as to the proper fittings for their fire apparatus. Of the three vendors approached for a proposal, Heide Kruger Well and Pump Services INC. was the cheapest. The Committee recommended MOTION: CM Scardino/CM Hofmeister to approve the purchase of 4" well through Heide Discussion: CM' Vail states he feels iti is a good location for a dual purpose well. He would like to see more of these wells throughout town. CM Acquaviva asks if this will be budgeted this year or next year. Clerk Kohler states they hope to complete the project this year.  unanimously the purchase of this well for the Eagles Nest Trailhead.  Kruger Well and Pump Services, INC.  VOTE: All Ayes (5-0)  11. DISCUSSIONPOSSIBLE ACTION: 0 12. PUBLIC COMMENTS: General Items (Speaker Card Required) 13. REPORTS - MAYOR AND COUNCIL MEMBERS  CM Acquaviva: None CM Vail: None CM Clevenger: None CM Scardino: None  CM Hofmeister: CM Hofmeister asked for information about the vehicle crash on Malabar Road. TM Morrell provided additional information about the crash. It was a fatality. CM Hofmeister states is noticeably affected the traffic flow. She saw people speeding aggressively down Corey Road during the day. TM Morrell asks if Council would like for her to direct this comment to BSCO or FHP fori increased enforcement. Mayor Reilly: Mayor Reilly states that the Palm Bay Chamber has requested an increased contribution next year and requests a discussion item on the topic for the July 14. ANNOUNCEMENTS: (2) Vacancies on the Planning & Zoning Board; (2) Vacancies on the Parks and Recreation Board; (2) Vacancies on the Board of Adjustment; (2) 15. ADJOURNMENT: There being no further business to discuss and without objection, the  1st RTCM.  Vacancies on the Trails and Greenways Committee. meeting was adjourned at 8:07 P.M.  BY: Pitwk - T.Rik  Mayor Patrick T. Rejly, Council Chair  ATTEST: URL Richard W. Kohler Town Clerk  Date Approved: 07/01/2024