MALABAR TOWN COUNCIL REGULAR MEETING MINUTES September gth, 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 Scardino led P&P.  1. 2. CHAIR: VICE CHAIR: COUNCIL MEMBERS: TOWN ATTORNEY: TOWN MANAGER: TOWN CLERK: 3. 4.  CALL TO ORDER: ROLL CALL:  MAYOR PATRICK T. REILLY DAVID SCARDINO MARISA. ACQUAVIVA BRIAN VAIL JIM CLEVENGER MARY HOFMEISTER- - EXCUSED KARL BOHNE. EXCUSED LISA MORRELL RICHARD KOHLER  APPROVAL OF AGENDA-A ADDITIONSIDELETIONS/CHANGES: None  CONSENT AGENDA: Discussion: None Vote: All Ayes (4-0) PROCLAMATION: 5.a. Suicide Prevention Month  4.a. Approve Minutes of 08/19/2024 RTCM Exhibit: Agenda Report Number 4.a.  MOTION: CM Vail/CM Scardino to approve Consent Agenda as presented.  5.  Exhibit: Agenda Report Number 5.a.  Discussion: Mayor Reilly read the Proclamation into the record. Wayne Price of the Space Coast Health Fund came forward to accept the proclamation. Mr. Price thanked Council for this effort.  This year, their organization has proclamations from all Brevard County.  6. 7. 8.  ATTORNEY REPORT: None. BCSO REPORT: None. BOARD/COMMITEE 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 Rocky Point Road repairs are moving along well. The shore revetment is complete, and the paving of the area is almost complete. She hopes to have a contract to complete the striping at the next RTCM. FEMA and Staff are communicating on receiving the finical reimbursement for these projects It has entered the last FEMA stage ofr review and will be sent to the State for disbursement soon. CM Acquaviva asks what the time frame is for receiving those funds? TMI Morrell states the State will pay the funds once we have submitted all of the required forms. She hopes it will be an expedited process. The Public Works team is  performing tree trimming in preparation for more road re-paving.  9.b. Clerk  Exhibit: Agenda Report Number 9.b.  Clerk Kohler states that Staff has sent out the renewal notices for annual BTR fees. It was found that Home Based Businesses have only been charged a $50.001 fee. Section 14-40.2 of the Town Code states, "A Home Occupation shall be subject to all applicable town business tax receipts and other business taxes." Staff has properly applied the correct fees to all home based BTRs in Town. This should bring in about $5,000 in additional BTR revenue. Also, Clerk Kohler informs Council he has registered for the FACC Fall Academy and will be out of the office from Monday October 14th through Thursday October 17th. He will have his work phone and computer and will be available for questions as needed. Mayor Reilly thanked the Clerk for a smooth election cycle. CM Acquaviva asked for more information on the BTR fees. Clerk provides an example that if someone were operating al landscaping business as a Home BTR, they would pay $50.00 for the Home BTR, and $80.00 for the landscaping BTR. He states most BTR holders have been paying without objection, and the few who called upset were both eligible for an exemption. Mayor Reilly asks who determines if al BTR is Home Based or Commercial. Clerk states the applicant submits the initial application, and Staff ensure iti is the proper application for the business and area. 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:2  11.a. Site Plan Approval for New Three-Story 97,200 SF Commercial Storage Building, Property known as 1450 W. Railroad Avenue, Malabar, Fl, 32950. AKA: Parcel # 29-38- Applicant: Mr. Beau Reich of Storage Rentals of America thanked Council for this opportunity. He explained that the revision submitted today was simply an attempt to make the property more visually appealing. The revision does not change any of the core of the project. He believes this project does meet all oft the requirements oft the Town Code. CM Acquaviva asks ifthis site will be on city water and sewer. Mr. Raich states they plan to use a well and septic system and willl have the well feed the fire suppression system. They will have it accessible for the Fire Department to use as needed. CM' Vail reiterates how important the lighting plan is to Malabar. Mr. Raich states his company is very responsive and would be happy to make this Staff Comments: Clerk provides Council with a plan revision submitted by the applicant today. TM Morrell states the Planning and Zoning Board recommended approval unanimously, and Staff provided feedback and review fori the item. They plan to demolish the existing facility and  31-51-B-36 located in Commercial General (CG) Property 3.74 Acres,  Exhibit: Agenda Report Number 11.a.  project fit in our Town. build the new one. PUBLIC HEARING OPENED. PUBLIC HEARING CLOSED.    MOTION: CM Acquaviva/CM Vail to approve the site plan for 1450 W. Railroad Avenue, Malabar, Florida, to build at three-story 97,200 square foot commercial storage facility. ROLL CALL VOTE: CM Hofmeister, Excused; CM Acquaviva, Aye; CM Vail, Aye; CM 11.b. Site Plan Approval for New Commercial Office Facility Consisting of Nine (9) Single Story Office Buildings Constructed in Two (2) Phases Totaling 68,600 SF, on the Property known as 695 Malabar Road, Malabar, FI, 32950. AKA: Parcel # 29-37-03-01-- Applicant: David Bassford, MBV Engineering, thanked Council for this opportunity. He provided an update that FDOT and Palm Bay Utilities have been approved, and the DEP approval is also moving forward. He also noted that thei initial plan was provided in Foot Candles, and they have provided the plans in Lux. He did note that the driveway has shifted slightly, but thei interior has not changed. CM Acquaviva states it appears it will be done in 2 phases, with only 2 buildings ati first? Mr. Bassford states they plan to build the infrastructure for the whole property inp phase 1, and will build 2 buildings to start, and complete the rest once those are completed and filled with customers. They will also install a full turn around area for Fire Department use ifn needed. CM Acquaviva asks who they want fulfilling these offices. Mr. Bassford states Staff Comments: TM Morrell states the Planning and Zoning Board recommended approval  Discussion: None  Clevenger, Aye: CM Scardino, Aye. Motion Carries 4-0.  2.01, Located in Office Institutional (OI) Property 9.75 Acres.  Exhibit: Agenda Report Number 11.b.  professional offices. unanimously. Public Hearing Opened. Public Hearing Closed. footage of 68,600 square feet.  MOTION: CM Scardino/CM Clevenger to approve the site plan for 695 Malabar Road, Malabar, Florida, to build nine (9) single story office buildings, with a combined square Discussion: CM Vail states its consistent with the zoning and works well with the intent of our Comprehensive Plan. CM Acquaviva agrees. CM Vail confirms it would be 9 buildings total. CM Acquaviva believes it will be a supporting area of businesses for the Hospital. CM Vail states he supports this type of growth in Town. Mr. Haitham, owner of the property, states his goal is to use the space for offices. He hopes they will be medical offices, but they will not do any restaurants or car dealerships. Mayor Reilly states the dry retention pond will be a nice ROLL CALL VOTE: CM Acquaviva, Aye;CM Vail, Aye; CM Clevenger, Aye; CM Scardino,  buffer to the residential properties south of this parcel. Aye; CM Hofmeister, Excused. Motion Carries 4-0.  12. UNFINISHED BUSINESSIGENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  RELATED TOTOWN. APPOINTED BOARDSICOMMITEES:0  13. ACTIONITEMS:  ORDINANCES FOR FIRST READING: 0  RESOLUTIONS: 1 MISCELLANEOUS:3  13.a. Acceptance of a Temporary Easement for Treadwell Lane (Resolution 15-2024) A RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, ACCEPTING A TEMPORARY EASEMENT AGREEMENT ALONG THE TREADWELL LANE RIGHT OF WAY IN SECTION 12, TOWNSHIP 29, RANGE 37; PROVIDING FOR THE SUNSET AND TERMINATION OF THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.  Exhibit: Agenda Report Number 13.a.    Clerk Kohler read the Resolution by title only. approval of the temporary easement.  Applicant: Mr. Guyah thanked Council for the opportunity to present his case and requests their Staff Comments: Clerk Kohler states he has spoken with both the applicant and property owner, and both are in agreement for this proposal. They Town Attorney and Engineer have both ROLL CALL VOTE: CM Vail, Aye; CM Clevenger, Aye; CM Scardino, Ave; CM Hofmeister, 13.b. Procurement Proposal for General Property & Liability Insurance Carrier StaffComments: TM Morrell states the Town has been a member of FMITfor property and liability insurance. The PGID side of Brown and Brown provided a quote that was more than $44k less. FMITwas informed of this, and provided a new quote that is $5k more than the Brown and Brown offer. The biggest difference is named storm coverage. Brown and Brown have a minimum of $15k. FMIT will cover 5% of all losses, with no minimum. She believes their coverages are similar Applicant: Klye Stokeland of Brown & Brown. He thanked Council and Ms. Morrell for this opportunity. He explained that the difference of coverage is the named storm. If there is more than $15k in damage, then the deductible is applied the same way as FMIT. The crime coverage is higher with this coverage. He has been attempting to serve this municipality and is pleased to have the opportunity to tonight. They negotiate with their underwriters to find the best policy for each Town. CM Acquaviva thanks Mr. Stokeland for bringing this to our attention. TM Morrell states the PGID Grants are easier to apply for, and we would be eligible for the entire amount. They also have an online catalog for video trainings. She explained that a large difference in the coverage is the workers compensation coverage. The Town has a very high rate of 2.3. CMY Vail states he is please this firm provided us their lowest quote up front and believes we should hire Applicant: Tyler Dennighan, FMIT, states he would like to clear up a few oft the misunderstandings. He believes insurance is an intangible product. With FMIT, you are getting a product created specifically for municipalities. He acknowledges the Towns' high workers compensation rate and encourages the Town to apply for the grants offered by their program. He then states that the claims team for FMITi is in house, and the claims team for Brown & Brown is outsourced. He also states that FMIT has a complete turnkey recovery program. He states that there is a shared limit for Brown & Brown. The pool could be spread over hundreds of properties. FMIT does not have as shared policy and does not have a limit on expenses for recovery. CM Acquaviva asks why the initial quote was $40k higher before there was competition. Mr. Denninghan states there may have been a higher quote, but they are a not-for-profit company. Any funds they receive will be MOTION: CM Scardino/CM Vail to approve a waiver of bid process with two comparison quotes and to select Brown & Brown of Florida, Inc., 300 North Beach Street, Daytona Beach, FL, 32114 as the best use of Public Funds for General Property & Liability and Discussion: CM Vail asks if there is a cap from each company. TM Morrell states both are trust funds incorporated in Florida. All policies are covered by a pool, and there is always a cap, even ifiti isn't included in the contact. If a storm hits Florida, and the whole state washes away, no insurance firm will be funded enough to recover the losses. CM Scardino states he believes we  approved this item. Discussion: None.  MOTION: CM Acquaviva/CM Scardino to approve Resolution 15-2024.  Excused; CM Acquaviva, Aye. Motion Carries 4-0.  Exhibit: Agenda Report Number 13.b.  and would be pleased with either option for the Town.  them. CM Scardino and CM. Acquaviva agree.  re-spent in Florida municipalities.  Workers Compensation insurance provider.  should approve the Brown & Brown contract.  VOTE: All Ayes (4-0)    13.c. Approve Extension of Temporary Placement of Travel Trailer While Constructing SFR Applicant: Ms. Patterson informed Council that she has heard back from her septic contactor, and they hope to have the area permitted tomorrow. They did add a pool and ai fence, and both were permitted. They will not do any additional building until their site plan is approved. She has been frustrated by the delays provided the septic firm. CM Acquaviva asks if the applicant's intent is to build al home on the property. Ms. Patterson states yes, she is looking forward to no longer living in! hert trailer. Mayor Reilly asks ift the Code is for 6 months? Staff states yes. CM Scardino asks if the Town can provide an additional extension. CM Vail states he would support that. Ms. Patterson states she has building materials being stockpiled for when they have approval. She can't set her final floor elevation or bring ini fill dirt until the elevation is set. CM Acquaviva asks if the neighbors are happy with this development. Ms. Patterson states some of her neighbors are Staff Comments: TM Morrell states this is an owner builder project. The base floor elevation is the first step of building a home. Ms. Patterson has been held up by the septic issue. This is out Public Comment: Shirley Keszenheimer states her main concern is not the home building. The concern is that there is a fence company operating on the property. They are running a commercial fencing company from the property. Mayor Reilly states ift they are running abusiness, they should have a BTR. CM Scardino asks if there are trucks operating from the property. Ms. Keszenheimer states yes. There is a shed, millings, and no permits pulled for any of these. She made the initial complaint in February that started this process. TM Morrell states she has been in contact with the residents on Oakridge Lane. The Building Department had issued at temporary power permit prior to her tenure. There have been complaints that there is a business running from the property. She has been on site as the Town's Code Enforcement officer, and there are regular trucks on site, not large equipment. Clerk Kohler states a home BTR would require there to be no storage of outdoor materials. TM Morrell states the running of a business from the property should be reported to Sunbiz. Mayor Reilly states tonight's decision will only relate to the extension of the trailer, not the business issue. Ms. Patterson states the business is not run from the property. Her business is registered and operated in Palm Bay, and she plans tol keep it there. Her husband has several trailers to be pulled by their personal vehicle. Both her and her husband are provided work vehicles. They have some materials on site, but they are not business related. MOTION: CM Scardino/CM Vail to approve a six-month extension of the placement of a  at 2215 Oakridge Lane - Applicant Brandi Patterson. Exhibit: Agenda Report Number 13.c.  here tonight to answer any questions.  of order, but there has been progress on the site.  Travel Trailer while constructing a SFR at 2215 Oakridge Lane  Discussion: None. VOTE: All Ayes (4-0) Employees  13.d. Employee Benefit Increases and Proposed Contribution Cost Share of Employer and Staff Comments: TM Morrell states this item is a correction for her item presented at the 8.19.2024 RTCM. When she provided the information to FMIT, they raised the rate. This new calculation MOTION: CM Scardino/CM Vail to approve the employer contribution revision foremployee  Exhibit: Agenda Report Number 13.d.  provides the most cost-effective option to both the Town and Employees.  benefits, health, dental and vision as presented.  Discussion: None. VOTE: All Ayes (4-0)  14. DISCUSSIONPOSSIBLE ACTION: 0    15. PUBLIC COMMENTS: General Items (Speaker Card Required) 16. REPORTS = MAYOR AND COUNCIL MEMBERS  CM Acquaviva: None. CM Vail: None. CM Clevenger: None. CM Scardino: None. CM Hofmeister: Excused. Mayor Reilly: None.  17. ANNOUNCEMENTS: (2) Vacancies on the Planning & Zoning Board; (2) Vacancies on the Parks and Recreation Board; (2) Vacancies on the Board of Adjustment; (2) 18. ADJOURNMENT: There being no further business to discuss and without objection, the  Vacancies on the Trails and Greenways Committee. meeting was adjourned at 8:55 P.M.  BY: fatnk7kilw  Mayor Patrick T. Reilly, Council Chair  ATTEST:  hibl Richard W. Kohler Town Clerk  Date Approved: 09/23/2024