MALABAR TOWN COUNCIL REGULAR MEETING MINUTES August 5th, 2024, 7:30 PM  This meeting of the Malabar Town Council was held at Town Hall at 2725 Malabar Road. Council Chair Mayor Patrick T. Reilly called meeting to order at 7:30 pm. CM Clevenger led P&P.  1. 2. CHAIR: VICE CHAIR: COUNCIL MEMBERS: TOWN ATTORNEY: TOWN MANAGER: TOWN CLERK: 3. 4.  CALLTO ORDER: ROLL CALL:  MAYOR PATRICK T. REILLY DAVID SCARDINO MARISA ACQUAVIVA-E EXCUSED BRIAN VAIL JIM CLEVENGER MARY HOFMEISTER KARL BOHNE LISA MORRELL RICHARD KOHLER  APPROVAL OF AGENDA - ADDITIONSIDELETIONS/CHANGES: None  CONSENT AGENDA:  4.a. Approve Minutes of 07/15/2024 RTCM Exhibit: Agenda Report Number 4.a. 4.b. Approve Minutes of 07/22/2024 Budget Workshop Exhibit: Agenda Report Number 4.b. 43210000-23-NASPO-ACS) & Sourcewell 081419 Exhibit: Agenda Report Number 4.c.  4.c. Procurement Using Other Agency Contract Florida HP Inc NVP Computer Equipment  MOTION: CM Scardino/CM Vail to approve Consent Agenda as presented.  Discussion: None Vote: All Ayes (4-0) PROCLAMATION:  5.  5.a. Florida Water Professionals Month Exhibit: Agenda Report Number 5.a.  Discussion: Mayor Reilly read the Proclamation into the record. ATTORNEY REPORT: Attorney Bohne states he has no report tonight.  6. 7.  BCSO REPORT: BCSO Lt. Castiellio reminds Council and the citizens to stay vigilant and prepared for Hurricane Season, noting that August to October is the most active. BCSO performed 21 Traffic stops, 14 reckless drivers stops, and have been generally very proactive in Malabar. Nothing out of the ordinary to report. He also reminds the residents to take simple precautions to prevent smash and grabt thefts. CMVail states hel hears complaints about speeders on Corey and Weber Road, and requests increased enforcement. CM Hofmeister also notes the  danger of people biking and walking along Malabar Road in the twilight hours.    8.  BOARD/COMMITTEE REPORTS 8.a. Trails and Greenways Committee Exhibit: Agenda Report Number 8.a. 8.b. Parks and Recreation Board Exhibit: Agenda Report Number 8.b. 8.c. Planning and Zoning Board Exhibit: Agenda Report Number 8.c.  9.  STAFF REPORTS 9.a. Manager Exhibit: None  TM Morrell began by stating that the new Fire Chief began last week. He attended a Hurricane Preparedness exercise with Staff on his first day. The health insurance increase is about 12%1 for the next year, and she will have information presented by Staff during the next meeting. She has  been focusing on the budget and citizen contacts.  9.b. Clerk  Exhibit: Agenda Report Number 9.b.  Clerk Kohler states that the Qualifying period fori the 2024 Municipal Elections has begun and will continue from July 30th to August 13th. So far, one packet has been requested by candidates for the Mayor, Council District 1, and Council District 3. No applicants have requested a qualifying packet for District 2. Staff has sent a batch of Ordinances for inclusion in the Town Code. Staff has also begun work on the August newsletter, and requests any articles be submitted to Ms.  Schultz by Thursday August 15th fori inclusion in the August 20th publication.  10. 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 Card is Required):  11. PUBLIC HEARINGS: 0  12. UNFINISHED BUSINESS/GENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  RELATED TO TOWN APPOINTED BOARDSICOMMITEES:O  13. ACTION ITEMS:  ORDINANCES FOR FIRST READING: 0  RESOLUTIONS: 0 MISCELLANEOUS: 4 property from the Town of Malabar  13.a. Request by J. Wesley Mills P.E. for Parcel 29-37-03-01-1.01 to contract or deannex Discussion: Attorney Bohne states Town Staff received a petition 6 months ago. Staff has performed a feasibility study to see ifi it meets the states statute for contraction or deannexation. One issue with the petition is that it was not submitted by 15% of the qualified voters of the area to be contracted. Neither oft the applicants are qualified voters oft the Town. In order for aj property to be able to be contracted, it must not be able to be annexed. The property is bordered on the east and south by Malabar, and west and north by Palm Bay. It does meet an urban purpose definition as iti is zoned OI. Beyond the 15% criteria, it can not be contracted because it could be  Exhibit: Agenda Report Number 13.a.    annexed into Town. Staff recommends denial of the request due to the reasons stated in the MOTION: CM Scardino/CM Hofmeister to reject the request based upon the feasibility  feasibility study. study. VOTE: All Ayes (4-0)  13.b. Approve Temporary Extension of Placement ofTravel Trailer While Constructing SFR Discussion: Mayor Reilly asked if the Applicant is present. Staff states he is not, but he has emailed his request to Staff, as shown in the agenda report. Town Code requires progress be made for an extension to be granted. The applicant has requested and passed 10 inspections in MOTION: CM Vail/CM Scardino to approve a six-month extension of the placement of a  at 1880 Sandy Creek Lane - Applicant: Mr. Bonnett Exhibit: Agenda Report Number 13.b.  the initial 6-month period. VOTE: All Ayes (4-0)  Travel Trailer while constructing a SFR at 1880 Sandy Creek Lane.  13.c. Procurement Using Other Agency Contract, Brevard County B-6-23-70 Paving Discussion: TM Morrell states this is a request to use the Brevard County paving contract to complete the surficial improvements. Rocky Point Road is the priority, and the deadline from FEMA is September 15th. The rest of the Rocky Point Road neighborhood will be resurfaced as well. Then the hope is to repave Corey Road. The total package estimate is $774,091, and she has requested 15% over that for contingencies. This will be paid with the loan funds. This is MOTION: CM Hofmeister/CM Vail to approve utilizing other agency contracts, Brevard County Bid #B-6-23-70, utilizing V.A. Paving, Inc. for paving services in the amount nott to Discussion: CM' Vail states thet fact that they are on US 1is al big help, keeping mobility costs low. Mayor Reilly asks ifv we can provide them more work tol keepi them paving in Town. CM Hofmeister 13.d. Request for an Executive Session to discuss Fire Union Contract Negotiations Discussion: TM Morrell states she is hoping tol have an Executive Session with Council, the Town Attorney, Town Clerk and Town Treasurer to discuss the ongoing Union Contract Negotiations. She is requesting Council select a date between Monday August 12 and Thursday August 15th. The first negotiation meeting took place on July 29th. She is flexible to Council's schedule. The goal is to discuss their financial requests. The Union has not submitted their tracked changes to the other language int the contract. The request on the table is 33% over 3 years, with raises and MOTION: CM Scardino/CM Clevenger to schedule and executive session of the Town Discussion: Mayor Reilly states he is available ont the 12"or 13th. CM Hofmeister states she would like for the Attorney to be present. CM Clevenger agrees. CM Hofmeister asks if Council should meet before the Union submits their full request. TM Morrell states she is hoping to discuss the salary amounts at this meeting and discuss the rest once they are submitted. CM Clevenger suggests the 12th. CM Scardino states he can do 7 PM on the 12th. Mayor states he will be  Services & Asphaltic Concrete  Exhibit: Agenda Report Number 13.c.  piggybacking a competitively bid package.  exceed $890,205.  thanked Ms. Morrell for getting this project done.  VOTE: All Ayes (4-0)  Exhibit: Agenda Report Number 13.d.  COLAS in each year.  Council and Town Attorney for August 12th at 7 PM.  unavailable fori that buti is okay with the suggested date.    VOTE: All Ayes (4-0)  Mayor Reilly requests the Attorney stay for the next item as well.  14. DSCUSSIONPOSSIBLE ACTION: 4  14.a. Discussion Land Development Code Definition of nWarehoueMimstorys Amending LAND DEVELOPMENT CODE Article XX - LANGUAGE AND DEFINITIONS Discussion: TM Morrell states that the Planning and Zoning Board reviewed this at their. July 24th meeting and unanimously recommended the "Single-Story" be removed from the definition of Min-Warenouse/Min-Storage. TM Morrell read the existing code definition and noted that the MOTION: CM Vail/CM Scardino to direct Staff to prepare an Ordinance with a textual revision removing "Single Story" for first and second readings and legally advertise removing "Single Story" from the definition of Land Development Code Article XX = Discussion: Mayor Reilly asks if the Town could update the name to Secured Self Storage. TM Morrell states we can make that change if Council directs. CM Vail agrees with updating the title.  Section 1-20.2-Definitions.  Exhibit: Agenda Report Number 14.a.  max height in Town is 35 feet, creating a conflict ini the code.  Language and Definitions, Section 1-20.2. CM Hofmeister suggests self-storage as the title.  VOTE: AIlAyes (4-0)  14.b. Consideration of a Moratorium for Storage Facility Development  Exhibit: Agenda Report Number 14.b.  Discussion: TM Morrell states that the Planning and Zoning Board discussed a one-year moratorium for development of Min-Storage/Min-Warehouse development activity within the Commercial General zoning district. The Board members expressed the opinion that the amount of storage facilities, existing and proposed, within the Town Boundaries is at capacity, and unanimously recommended a moratorium. It was proposed Town Wide and for 1 year. The Town has 140 acres of CG zoning, with 79.84 acres being developed, 35.63 acres of which are: storage. The PZI Board suggested only on Malabar and US 1. CM Scardino, Hofmeister and' Vail state they MOTION: CM Scardino/CM Hofmeister to direct staff to prepare and Ordinance creating a Discussion: Mayor Reilly states that there are limited uses to the commercial land without water and sewer. The businesses are not high impact, and a low cost to operate. CM Clevenger suggests amending the motion to be one year. He asks how many are under development? TM Morrell states there are currently 2. CM Scardino suggests amending his motion follow the PZ recommendation of only US1 and Malabar Road. CM Vail asks what the schedule is for water expansion? TM Morrell states a loop from the hospital to Yellow Dog is about 2 years away. AMENDED MOTION: CM Scardino/CM Hofmeister to direct Staff to prepare an Ordinance creating a Town wide one-year moratorium for storage facility development. 14.c. Discussion Petitions for Special Assessment Road Paving (CM Scardino) Discussion: CM Scardino states in past years, the Town earmarked $25k for road materials. The quote to pave Rivet Lane is over $300k. We can not afford to spend that much money for 4 houses. He feels the cost sharing program was created with good intentions, but he feels iti is untenable. CM Hofmeister notes that the quote was obtained several years ago. If Rivet Lane is going to cost $300k, how much would Duncil Lane, a road twice as long be? CM Scardino asks what the Duncil Lane applicant, Mr. Hoyt, did for the Town. Staff states he was the Town  would support a Town wide moratorium.  Town wide two-year moratorium for storage facility development.  VOTE: All Ayes (4-0)  Exhibit: Agenda Report Number 14.c.    Administrator. Mayor Reilly states his belief that the engineering estimates are way too high. They include culvert, stormwater and ROW acquisition. CM Vail states he understands both sides of the issue. If you put asphalt on a substandard base, it will not be stable. He also feels we should improve the roads for our residents. He hopes to find some kind of middle ground. Mayor Reilly Resident Steve Rivet states he agrees $300K is to high for Rivet Lane, or any other lane in Town. He feels the quote included a lot of work that would not be necessary. CM Scardino asks if we can attempt a different surface? Mr. Rivet states he feels the residents will be open to other options. CM Scardino states he supports paving of lanes, but it needs to be cost effective. CM Clevenger suggests using soil cement. CM Vail states that is how Glatter Road was completed. CM Scardino states finding a more economical way toi improve the roads would bet the best option. CM' Vail asks ift they use fibers in concrete. TMI Morrell states that the contactor we have does not use the techniques being discussed by Council. Mayor Reily states he believes the roads are already compact enough. TM Morrell states Council just approved a contract for an asphalt company. We would have to request new bids and engineers. CM Clevenger states that if we are going to improve the roads, they should be improved back to the Town standard before paving. CM Scardino reiterates that there are other options. CM' Vail states that Glatter Road east ofl Marie Street was completed using an alternative process. TMI Morrell states that wel have created criteria for new roads being developed in Town. Some of the roads on the list do not meet the Town standards. In her briefings, it was discussed that the cost sharing amount should be raised. She reiterated the residents only pay for the 40% of the asphalt cost, and the Town pays for the 60% of asphalt, and the complete cost for preparing the road for asphalt. The Town pays the whole bill, and hopes the residents reimburse them. Mayor Reilly suggests the Town investigate other methods of lane improvements, as described by CM Scardino. CM Hofmeister states would we need a new engineer and contractor for this type of work. TM Morrell states VA Paving owns the local asphalt plant. It is $109 per ton. Does Council like the road improvement plan as it is, or does Council wish to see the plan amended. CM Scardino suggests extending the moratorium and pursuing the alternative options. CM Vail asks Council if they would allow roads that do not meet the Town's standards to be paved. He believes that Duncil Lane is a solid base road and should have good compaction rating. The Town's portion of these projects ends up being several hundred thousand dollars, and the residents pay a small portion. Do we want to relax our standards, should we require a higher percentage of payment from the homeowners? CM Scardino states the Town needs to be flexible to complete these projects. CM Vail reminds Council that all of the roads in Town have 4 garbage trucks, and many delivery trucks on them each week. The dirt roads need continual maintenance, and a paved road is complete for 10-20 years. CM Scardino states the only way for the Town to afford this is to increase the cost share percentage and reduce the standards. CM Vail asks if we want the residents to pay more of the paving cost, or include more of the prep work in the cost to Council? Mayor Reilly states Mayor Eschenberg rated the roads around Town in the past. He suggests revisiting the lane paving special assessment ordinance at the next meeting. CM' Vail asks if TIFTfunds can be used? TM Morrell states it would be a stretch, as TIFT funds are usually for capacity improvement. Rivet Lane was adopted below standard. If Council wishes to reduce its standards for roads, would residents building new roads have the same relaxed standards? CM Vail states we should be paving the roads best ready to be paved, like Candy Lane. CM Scardino states the Town should be paving the roads as they are accepted. CM Clevenger states it is a good idea. CMV Vail states itw would likely pay for itself in under 10 years. TM Morrell states the Town could entertain a proposal to pave freshly built roads. CM' Vail suggests holding a workshop to discuss this further. Consensus is reached to hold a workshop. Mayor Reilly suggests CM Scardino bring the  states many of the roads have been in place for 50 years.  alternative method forward for a future meeting.  14.d. State Revolving Loan Fund Stormwater Loan Review (Mayor Reilly)    Exhibit: Agenda Report Number 14.d.  Discussion: Clerk Kohler states that during the July 22nd Budget Workshop, Mayor Reilly requested a review of the State Revolving Loan Fund Stormwater Loan. The Florida Department of Environmental Protection (FDEP) provides low interest rate loans tor municipalities. During the 2019 budget workshops, former Town Lobbyist Bill Barrett stated his belief that the Town should pursue this type of loan, and that the loan could be forgiven. In February of 2020, the Town performed an RFQ seeking professional engineering services for stormwater asset management and master planning design. The review committee recommended Singhofen and Associates (SAI) as the top ranked applicant. They also recommended the Town enter continuing service contracts with the second and third ranked firms as well, Engineering, Design & Construction INC (EDC) and Kimley-Horn. In April of 2020, the Town pledged Malabar Stormwater Utility revenues as the repayment fund with Resolution 04-2020. At the request of the State, the Town repealed Resolution 04-2020 and pledged general fund revenues to meet the coverage requirements of the loan with Resolution 07-2020 on June 1st of 2020. Also on June 1stof2 2020, the Town passed Resolution 08-2020, contracting SAI to complete the stormwater masterplan. SAI provided Town Council a presentation of their recommendations and progress at the June 6th RTCM of 2021. In November of 2021, Council approved Amendment 1 of the agreement, delaying the first payment from December of 2021 to August of 2022. At the June 6th RTCM of 2022, Council approved Amendment 2 of the agreement, delaying thet first payment from August 2022 tol February of 2023. At the June 5th RTCM of 2023, Council approved Amendment 3 oft the agreement, amending the amount due at each payment from $5,170 to $5,198.52. Staff has made all required payments of the loan sO far and has not received any indication from the State that the loan will be forgiven. Discussion: Mayor Reilly asks if the Town has received a final report from the firm? Town Clerk states no. CM Scardino asks who recommended the Lobbyist? Mayor Reilly states former TM Stinnett recommended him. TMI Morrell states that the Town has a Stormwater Utility fund, which we pay this loan from. SAI is still supposed to provide a public meeting to finalize the process. We will need to have the meeting, then read the plan into the record. SAI was also bought in the past few months, but she will contact the contactor to schedule the meeting. CM' Vail states paying them back is important, because it would allow us to request future loans. CM Scardino states he doesn't see the priority because the projects are expensive. TM Morrell states we may be able to use the masterplan to seek grants but has not been successful yet. There are several areas that need work, and Council would have to prioritize the projects before she could seek funds for one project. Mayor Reilly asks how often we pay this? TM Morrell states twice a year for 16 years. CM Hofmeister asks if someone allowed this to slip? TM Morrell states no. CM Vail states the report provides a good picture of the Town. TM Morrell provides and example of Linrose Lane. The proposal is to raise Linrose Lane 12-18 inches. That would be great for the roads, but it would flood the homes. CM' Vail suggests connecting the Linrose Lane ditches to Eva Lane. TM Morrell states the Town does a good job of draining water within 72 hours as requires by the State. CM  Vail states ponds may be helpful if possible.  12. PUBLIC COMMENTS: General Items (Speaker Card Required) 13. REPORTS - MAYOR AND COUNCIL MEMBERS  CM Acquaviva: Excused CM Vail: None CM Clevenger: None CM Scardino: None CM Hofmeister: None Mayor Reilly: None    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 noi further business to discuss and without objection, the  Vacancies on the Trails and Greenways Committee. meeting was adjourned at 8:55P.M.  BY: PdwkTRill  Mayor Patrick T. Reilly(Council Chair  ATTEST:  Date Approved: 08/19/2024  halhnk Richard W. Kohler Town Clerk