MALABAR TOWN COUNCIL REGULAR MEETING MINUTES September 23rd, 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 Vail 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 KARL BOHNE- - EXCUSED LISA MORRELL RICHARD KOHLER  APPROVAL OF AGENDA: -ADDITIONS/DELETIONS/CHANGES: None.  CONSENT AGENDA:  4.a. Approve Minutes of 09/09/2024 TRIM Meeting Exhibit: Agenda Report Number 4.a. 4.b. Approve Minutes of 09/09/2024 RTCM Exhibit: Agenda Report Number 4.b.  4.c. Procurement Using Other Agency Contract, Brevard County b-7-21-05 Thermoplastic  Roadway Striping  Exhibit: Agenda Report Number 4.c.  4.d. Procurement Using Other Agency Contract, Brevard County RFP #6-21-05 LifeScan  Annual Firefighter Wellness Exams Exhibit: Agenda Report Number 4.d.  MOTION: CM Scardino/CM Vail to approve Consent Agenda as presented.  Discussion: None Vote: All Ayes (5-0) ATTORNEY REPORT: None. BCSO REPORT: None. STAFF REPORTS 7.a. Manager Exhibit: None  5. 6. 7.  TMI Morrell began by stating that as reported during the budget meeting, the road repaving project isr moving forward. Staff is also advertising an RFP for public culvert cleaning, which will be an ARPA expense. CM Vail asked about the public portion of the Storm Water Master Plan. TM Morrell states she will be contacting the contractor soon. CM Vail asked about the possibility of seeking grant funding to complete the recommended projects. TM Morrell states it is a funding    issue. The Town has already taken out a loan to create the master plan and cannot afford the  recommended million-dollar projects from the plan with the current funding.  7.b. Clerk  Exhibit: None  Clerk Kohler states that BTR Collection is moving forward. So far, Staff has received 42% of the total renewal fees. Also, the well has been installed at the Eagles Nest Trailhead. 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): None.  8.  9.  PUBLIC HEARINGS: 0  10. UNFINISHED BUSINESSIGENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  RELATED TO TOWN APPOINTED BOARDSICOMMITTEES:0  11. ACTIONITEMS:  ORDINANCES FOR FIRST READING: 2  RESOLUTIONS: 0 MISCELLANEOUS: 0  11.a. First Reading -Amending the Definition of Min-Warehouse,Mini-Storage (Ordinance AN ORDINANCE OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA; AMENDING THE TOWN'S LAND DEVELOPMENT CODE; AMENDING ARTICLE XX, LANGUAGE AND DEFINITIONS; AMENDING SECTION 1-20.2, DEFINITION OF TERMS; AMENDING THE DEFINITION OF MIN-WAREHOUSEMINI-STORAGE: PROVIDING FOR SEVERABILITY,  2024-07)  CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE. Exhibit: Agenda Report Number 11.a. Clerk Kohler read the Ordinance by title only.  Staff Comments: Clerk Kohler states that this item was recommended to Council unanimously at the July 24th Planning and Zoning Board Meeting. Council considered the recommendation at their August 5th RTCM and directed Staff to proceed with the drafting of an Ordinance to amend the definition of Mn-Mereholsenin-slunae to remove the single-story height restriction, and toa amend the title to Self-Storage. The Planning and Zoning Board reviewed Ordinance 2024-07 at their September 11th meeting and unanimously recommended approval. This ist thei first reading of this ordinance, if approved by Council, Staff will advertise for the Final Reading at a future MOTION: CM Vail/CM Hofmeister to approve the First Reading of Ordinance 2024-07. ROLL CALLI VOTE: CM Hofmeister, Aye; CM Acquaviva, Aye; CM Vail, Aye; CM Clevenger, 11.b. First Reading - Establishing a Temporary Moratorium on MiniwarehouselMin- Storage and Self-Storage Facilities Within all Zoning Districts in the Town of Malabar AN ORDINANCE OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, ESTABLISHING, A TEMPORARY MORATORIUM ON THE ACCEPTANCE. AND PROCESSING OF APPLICATIONS AND THE ISSUANCE OF ANY PERMITS FOR DEVELOPMENT OF MINI- WAREHOUSE/MINISTORAGE AND SELF-STORAGE FACILITIES WITHIN ALL ZONING DISTRICTS IN THE TOWN OF MALABAR; PROVIDING FOR FINDINGS, INTENT AND THE  Public Hearing. Discussion: None.  Aye; CM Scardino, Aye. Motion Carries 5-0.  (Ordinance 2024-08)    DURATION OF THE MORATORIUM; PROVIDING FOR ANI EXTENSIONI PERIOD; PROVIDING Staff Comments: Clerk Kohler states that this item was recommended to Council unanimously at the. July 24th Planning and Zoning Board Meeting as a yearlong moratorium along Babcock Street, Malabar Road, and US 1. Council considered the recommendation at their August 5th RTCM and directed Staff to proceed with the drafting of an Ordinance to establish a temporary moratorium onl Mn-MerehouseMiniSunage Facilities Town Wide. The Planning and Zoning Board reviewed Ordinance 2024-08 at their September 11th meeting and unanimously recommended approval. They also recommended including the new title, Self-Storage Facility, as amended in Ordinance 2024-07. Staff has included these changes. This is the first reading of this ordinance, if approved by Council, Staff will advertise for the Final Reading at ai future Public Hearing. MOTION: CM Scardino/CM Clevenger to approve the First Reading of Ordinance 2024-08. Discussion: Mayor Reilly states that 25% of our commercial properties are currently mini- warehousemn-storage facilities. CM Clevenger states expanding City water down Malabar and ROLL CALL VOTE: CM Acquaviva, Aye; CM Vail, Aye; CM Clevenger, Aye; CM Scardino, 11.c. Consideration of Collective Bargaining Agreement Between the Town of Malabar, Staff Comments: TM Morrell states that the agreement included in tonight's agenda is the conclusion of contract negotiations oft the agreement between the Town of Malabar and the IAFF Local 2446. The President of the Union has signed a copy of the agreement. Multiple articles were amended for this agreement. Article 9, Pay Rates and Compensation was amended to provide a 31.5% raise to union members over the next 3 years, 10% this year, 11.5% next year, and 10% the following year. The membership was not favorable to offers of 26% and 30%, as discussed during the Council Executive Session. Article 13, Holidays, was amended toi include all time worked on a Holiday as time and al half pay. Article 14, Sick Leave, was amended to increase the monthly accrual from 8 hours to 12 hours. Article 24, Hours of Work and Overtime was amended to provide time and a half pay for emergency and mandatory call back shifts. Article 27, Secondary Employment, was amended to allow members to work part time or on off duty time for another fire service, if Malabar is the primary employer. Article 36, Transfer of Service, was amended to have the effective date and termination date oft the agreement to align with the Town's fiscal calendar of October 1st to September 30th. For a financial impact, this will increase the cost of our FD about 148k$ over the next 3 years. She was able to find Inverness Florida as a comparable department, but they have 3 shifts instead of 4, sO their annual wages were higher MOTION: CM Scardino/CM Vail to approve and execute the negotiated agreement between the Town of Malabar, Florida, and Local 2446 of the International Association of Discussion: CM Acquaviva thanked TMI Morrell for her hard work to prepare this item. TM Morrell states she is pleased to see this item before Council prior to the end of the Fiscal Year. CM Acquaviva asks if the FD Union members voted on this yet. TM Morrell states the Union voted  FOR CODIFICATION, SEVERABILITY AND. AN EFFECTIVE DATE.  Exhibit: Agenda Report Number 11.b.  US1V will improve the opportunities for other types of businesses. Aye; CM Hofmeister, Aye. Motion Carries 5-0.  Florida and Local 2446 of the International Association of Firefighters  Exhibit: Agenda Report Number 11.c.  with al lower hourly rate. Firefighters.  unanimously to approve the agreement. VOTE: ALL AYES(5-0). 12. DISCUSSIONPOSSIBLE ACTION: 4  12.a. ILA Brevard County Community Development Block Grant (CBDG) Program  Exhibit: Agenda Report Number 12.a.    Staff Comments: TM Morrell states in 2016, the Town of Malabar declined an opportunity toj join this program. This program assists people who qualify toi improve or upgrade their homes to meet new standards. The Town is currently not participating and cannot participate until October 2025. Itdoes not cost the Town and funds and allows the County to include our population to their rolls Discussion: Mayor Reilly asks ift the Town has ever opted in before. CM' Vail states he spoke with Staff about this and was unsure of why it was declined in the past. He feels the Town was afraid of being obligated to have low-income housing. This does not obligate the Town to anything and offers our resident the opportunity to seek funding through Brevard County. TM Morrell reminds Council that the FDEP is requiring municipalities to provide a plan for upgrading the septic tanks. This may provide opportunities to residents to upgrade. CM Hofmeister asks if the Town does not participate, would our residents be able to apply? TM: states yes, but they may be at the bottom of the list. CM Acquaviva states she would like to review this before voting and have some information on comparable municipalities participating. CM Hofmeister states she would like to hear the Attorney on this item before she votes. TM Morrell states Staff will have this item on a future agenda after the first of the year and request a representative from the program to present it. This is federal funding available to all residents, being managed by Brevard County. 12.b. Town Staff Proposal to Combine Parcels 28-38-31-54-B-9 and 28-38-31-54-B-30 at the Public Works Facility and Parcel 28-38-31-54-B-14 and 28-38-31-54-B-26 of Town Hall Staff Comments: Clerk Kohler states that Staff noticed that the Public Works Facility is comprised of two parcels, Parcel 28-38-31-54-B-9, which fronts Malabar Road and is used for employee parking, and has no assigned address, and Parcel 28-38-31-54-B-30, which is the main facility and storage yard, and has an assigned address of 1435 Centre Street. Staff is recommending combining the parcels and retaining the 1435 Centre Street Address. While researching this process for the Public Works Facility, Staff noticed that the Town Hall property is currently split between 2 parcels, Parcel 28-38-31-54-B-14, which has the physical building and an assigned address of 2725 Malabar Road, and Parcel 28-38-31-54-B-26, which has the septic drain field and provides employee parking. Staff is recommending combining these parcels and retaining MPTION: CM Vail/CM Scardino to direct Staff to proceed with combining the Parcels of the Discussion: Mayor Reilly states he is surprised this was unnoticed for sO long, and thanks Staff  for increased funding.  Exhibit: Agenda Report Number 12.b.  the 2725 Malabar Road address. Public Works Facility and Town Hall. for starting this process. VOTE: ALL AYES (5-0)  12.c. Contracted Staffing Service for Public' Works Personnel  Exhibit: Agenda Report Number 12.c.  Staff Comments: TM Morrell states that we still have 2 openings in Public Works, the same 2 openings that were available last year, one HEO and one MEO. The department needs stable HEO employee and communicates the Town's needs with a few contractors. She would like to hire an MEO and have one opening filled by the contractor. The contractor would cost us 24-25$ per hour, and an employee who makes 18$ per hour plus benefits, plus OT, plus holiday, it would MOTION: CM Scardino/CM Vail to direct Staff to explore filling the positions with Discussion: CM Vail states the contractor would be cheaper in the long run. CM Acquaviva asks about what the contract would look like. TM Morrell explains that the employee would be the contractor's employee, but perform work for us. In a perfect world, one of these employees would end up becoming a permanent employee. She would like to try it. In the summer, we could even  be more expensive. contracted employees.    temporarily expand our requested staff to handle the extra mowing. CM Vail states he believes  this will be al benefit, and he supports it. VOTE: ALL AYES(5-0)  12.d. Select' Workshop Date for Road Paving Discussion Exhibit: Agenda Report Number 12.d.  Staff Comments: TM Morrell states she is hoping to schedule a workshop to discuss the methodology, the process, and the cost of the program. She would like to invite a paving contractor and provide information about equipment we could use to make road improvement. She believes there are several alternatives and would like to provide Council a smooth process through finding the best way to proceed. CM Vail suggests October 14th. CM Acquaviva and Mayor Reilly both will be unavailable. Clerk states he will also be unavailable. CM Hofmeister suggests a workshop prior toi the November 4th meeting. Mayor states he believes this will require more time. TM Morrell suggests sending Staff their availability. CM Scardino suggests October MOTION: CM Scardino/CM Vail to hold a workshop of October 14th at7 PM. Discussion: CM Acquaviva states she is okay with missing the meeting and knows TM Morrell will  14", to get progress started. keep her updated on the results. VOTE: ALL AYES (5-0)  13. PUBLIC COMMENTS: General Items (Speaker Card Required) 14. REPORTS - MAYOR AND COUNCIL MEMBERS  CM Acquaviva: None. CM Vail: None. CM Clevenger: None. CM Scardino: None. CM Hofmeister: None. Mayor Reilly: None.  15. ANNOUNCEMENTS: (2) Vacancies on the Planning & Zoning Board; (2) Vacancies on the Parks and Recreation Board; (2) Vacancies on the Board of Adjustment; (2) 16. ADJOURNMENT: There being no further business to discuss and without objection, the  Vacancies ont the Trails and Greenways Committee. meeting was adjourned at 8:29P.M.  BY: fhulTRill  Mayor Patrick T. Reilly, Cogncil Chair  ATTEST: BIL.AL Richard' W. Kohler Town Clerk  Date Approved: 10/07/2024