MALABARTOWN COUNCIL REGULAR MEETING MINUTES October 21st, 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. CALL TO ORDER: ROLL CALL:  2. CHAIR: VICE CHAIR: COUNCIL MEMBERS: TOWN ATTORNEY: TOWN MANAGER: TOWN CLERK:  MAYOR PATRICK T. REILLY DAVID SCARDINO MARISA ACQUAVIVA-EXCUSED BRIAN VAIL JIM CLEVENGER MARY HOFMEISTER KARL BOHNE-E EXCUSED LISA MORRELL RICHARD KOHLER  Also in attendance are Fire Chief Ron Angelone and Building Department Manager Denine Sherear. 3. APPROVAL OF AGENDA -A ADDITIONSIDELETIONS/CHANGES: None.  4.  CONSENT AGENDA: Discussion: None  4.a. Approve Minutes of 10/07/2024 RTCM Exhibit: Agenda Report Number 4.a. Vote: All Ayes Motion Carries 4-0. ATTORNEY REPORT: None. STAFF REPORTS 6.a. Manager Exhibit: None  MOTION: CM Scardino/CM Hofmeister to approve Consent Agenda as presented.  5. 6.  TM Morrell began by providing an overview of staff changes of the Town in the last Fiscal Year. She also provided an update on the current open positions of the Town, and the current Professional Contracts in place. CM Hofmeister asks ift the contracted employees program shows promise. TMI Morrell states there is af finder's fee charge thati is exorbitant and cost restrictive. CM Hofmeister asks if we can do "on the job" training? TM Morrell states we can, but it would lower our productivity, as an existing employee would have to stop doing their work to teach the new employee. CM Scardino suggests having a future discussion to put additional funds in the street and roads department. She also provided an update on each of the HOAS in Town. She also provided an update on the Building Department, including CAP Government, ERP permits, SWPPP plans and more. She also provided information ont the new Stop Work Order notices and the digital improvements in the Building Department. She then provided an update on the Streets and Roads Department, beginning with the purchase of the new Skid Steer Tractor. She also provided a list of newly accepted ROWS and ROWS in the process of being improved. She also provided an update on the Capital Improvement Plan Road repaving. She also stated she has scheduled ai meeting with the Grant' Valkaria Town Manager to discussi improving Benjamin Road. Mayor Reilly asks what the next stage would be after this plan? TM Morrell states she is utilizing the funds to the best of her ability to get the most for the Town. She also provided an update on    the Rocky Point Road repair project, the resurfacing of the courts at Malabar Park, new benches and trash cans, and the new well at ENT. She also showed photos oft the drainage improvements made on' Weir and Gilmore Street. CM Hofmeister states she notices people stacking yard waste next to the ditches and advises the piles should be kept away from swales. CM Scardino asks if we have planted any trees? TM states we have a reserve fund for trees. CM Scardino requests having it as a discussion item at an upcoming meeting. TM Morrell also notes that there are several driveways along Rocky Point Road that will require the Town to install a culvert. Somehow, the homes were built without culverts. The Town will have to fix that issue. She also provided information on the FDEP compliance actions taken by the Town. She also gave information about the Jordan Blvd connection to Atz Road as emergency access for L3Harris. Chief Angelone then provided an update for his annual report. He has spent his first few months learning about the Town and getting to know his team. He has identified several areas he hopes tor make improvements in. He is hoping to bringi in new volunteers from the college. They had 610 calls for service in the last year. He is very confident in his team and is proud to lead them. His team is working to improve their EMS capabilities. Several of them also became Strike Team coordinators, which is a nation-wide certification. He then provided a list of projects he is continuing to work on, such as SOPs, rewriting the CEMP for the Town, Chapter 8 of the Town Code, restarting the fire inspection program, asset inventory, and remaining vigilant on the budget. Healsoindicated the Department is lookingi into LUCAS devices, which performs assisted  CPR. 6.b. Clerk  Exhibit: Agenda Report Number 6.b.  Clerk Kohler states that a written report is included in the agenda. A1 few highlights from the 3rd quarter of 2024 are the production, review and seeking approval of 5 (14 in year) Ordinances, 8 (21 in year) Resolutions, and attending 23 (44 in last half year) assorted meetings. Staff also wanted to thank ally who participated in, and allt those who attended Saturday's FallFest. The event  was incredibly successful, and turnout exceeded Staff's expectations.  6.c. Treasurer Exhibit: None 6.d. Fire Chief Chief Angelone stated 6.e. Building Department  Exhibit: Agenda Report Number 6.d. Exhibit: Agenda Report Number 6.e.  Building Department Manager Sherear provided a written report. She also states the Department has come a long way since January. The new Permit Technician is an excellent addition to the team. There are currently 4 commercial site plans under review, and 2 commercial projects that have been approved through the site plan process. CM Hofmeister thanked CAP for their hard 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): Dino Dante 2690 Hunter Lane. He came to request information on the land clearing taking place at the southern end of the property. He has also had issues with his neighbor behind him on Billie Lane. His horse died during unpermitted land clearing near Billie  work.  7.    Lane. He also asked about the Lane Paving process. TM Morrell states Council is seeking to schedule a workshop to discuss this in the future, but Hunter Lane is not  included in the existing list. PUBLIC HEARINGS:: 2 (Ordinance 2024-07)  8.  8.a. FINAL READING - Amending the Definition of Min-Warehouse/Min-Storage 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-WAREHOUSE/MINI-STORAGE: PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION AND AN EFFECTIVE DATE. Staff Comments: Clerk Kohler states this Ordinance will remove the' single-story" requirement, which conflicts with Table 1-3.3. It will also amend the name from Min-Warehouse/Min- Storage to Self-Storage Facilities. This item was approved unanimously at the Planning and Zoning Board Meeting of September 11th, 2024, and passed the First Reading at Council on September 23rd. The Final Reading has been legally advertised as required by statute. MOTION: CM Scardino/CM Vail to approve the final reading of Ordinance 2024-07. ROLL CALL VOTE: CM Vail, Aye; CM Clevenger, Aye; CM Scardino, Aye; CMI Hofmeister, 8.b. FINAL READING - Establishing a Temporary Moratorium on Min-Warehouse/Min- 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-WAREHOUSEMIN-STORAGE AND SELF-STORAGE FACILITIES WITHIN ALL ZONING DISTRICTS IN THE TOWN OF MALABAR; PROVIDING FORI FINDINGS, INTENT AND THE DURATION OF THE MORATORIUM; PROVIDING FOR AN EXTENSION PERIOD; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN Staff Comments: Clerk Kohler states this Ordinance will establish a Town wide moratorium on the development of Min-Warehouse/Min-Storage and Self-Storage Facilities through September 30, 2025. During Staff's research for this item, it was found that 25% of all commercial parcels, and 45% of developed commercial parcels in Town are these types of facilities. This item was approved unanimously at the Planning and Zoning Board Meeting of September 11th, 2024, and passed the First Reading at Council on September 23rd. The Final MOTION: CM Scardino/CM Hofmeister to approve the final reading of Ordinance 2024-  Exhibit: Agenda Report Number 8.a. Clerk read the Ordinance by title only.  PUBLIC HEARING OPENED. PUBLIC HEARING CLOSED. Discussion: None.  Aye; CM Acquaviva, Excused. Motion Carries, All Ayes (4-0).  (Ordinance 2024-08)  EFFECTIVE DATE.  Exhibit: Agenda Report Number 8.b. Clerk read the Ordinance by title only.  Reading has been legally advertised as required by statute.  PUBLIC HEARING OPENED PUBLIC HEARING CLOSED 08. Discussion: None.    ROLL CALL VOTE: CM Clevenger, Aye: CM Scardino, Aye; CM Hofmeister, Aye; CM UNFINISHED BUSINESSIGENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  Acquaviva, Excused; CM Vail, Aye. Motion Carries, All Ayes (4-0) RELATED TO TOWN APPOINTED BOARDS/COMMITTEES: 0  9.  10. ACTIONITEMS:  ORDINANCES FOR FIRST READING:0  RESOLUTIONS:6 6 MISCELLANEOUS: 0  10.a. Appoint Drew Thompson to the Trails and Greenways Committee (Resolution 16- Al RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE APPOINTMENT OF DREW THOMPSON TO THE MALABAR TRAILS AND GREENWAYS COMMITTEE AS A REGULAR MEMBER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR  2024)  AN EFFECTIVE DATE. Discussion: None.  Exhibit: Agenda Report Number 10.a. Clerk read the Resolution by title only.  MOTION: CM Hofmeister/CM Vail to approve Resolution 16-2024. Vail, Aye; CM Clevenger, Aye. Motion Carries, All Ayes (4-0).  ROLL CALL VOTE: CM Scardino, Aye; CM Hofmeister, Aye; CM Acquaviva, Excused; CM 10.b. Appoint Bob Wilbur to the Trails and Greenways Committee (Resolution 17-2024) AF RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE. APPOINTMENT OF BOB WILBUR TO THE MALABAR TRAILS AND GREENWAYS COMMITTEE 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.b. Clerk read the Resolution by title only.  MOTION: CM Hofmeister/CM Vail to approve Resolution 17-2024. Clevenger, Aye: CM Scardino, Aye. Motion Carries, All Ayes (4-0).  Discussion: None.  ROLL CALL VOTE: CM Hofmeister, Aye; CM Acquaviva, Excused; CM Vail, Aye; CM 10.c. Appoint Vickie Thomas to the Parks and Recreation Board (Resolution 18-2024) AF RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE APPOINTMENT OF VICKIE THOMAS TO THE MALABAR PARKS AND RECREATION BOARD AS A REGULAR MEMBER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR  AN EFFECTIVE DATE. Discussion: None.  Exhibit: Agenda Report Number 10.c. Clerk read the Resolution by title only.  MOTION: CM' Vail/CM Clevenger to approve Resolution 18-2024. Scardino, Aye; CM Hofmeister, Aye. Motion Carries, AIl Ayes (4-0).  ROLL CALL VOTE: CM Acquaviva, Excused; CM Vail, Aye; CM Clevenger, Aye: CM 10.d. Appoint Jennifer Bienvenu to the Parks and Recreation Board (Resolution 19-2024)    Al RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE APPOINTMENT OF JENNIFER BIENVENU TO THE MALABAR PARKS AND RECREATION BOARD AS A REGULAR MEMBER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR  AN EFFECTIVE DATE. Discussion: None.  Exhibit: Agenda Report Number 10.d. Clerk read the Resolution by title only.  MOTION: CM Scardino/CM Clevenger to approve Resolution 19-2024. Aye; CM Acquaviva, Excused. Motion Carries, All Ayes (4-0).  ROLL CALL VOTE: CM Vail, Aye: CM Clevenger, Aye; CM Scardino, Aye: CM Hofmeister, 10.e. Appoint Doug Dial to the Planning and Zoning Board (Resolution 20-2024) A RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE APPOINTMENT OF DOUG DIAL TO THE MALABAR PLANNING AND ZONING BOARDASAI REGULAR MEMBER; PROVIDINGF FORI REPEAL OF RESOLUTIONS ORPARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR. AN EFFECTIVE DATE.  Exhibit: Agenda Report Number 10.e. Clerk read the Resolution by title only.  MOTION: CM Hofmeister/CM Vail to approve Resolution 19-2024. ROLL CALL VOTE: CM Clevenger, Aye: CM Scardino, Aye; CM Hofmeister, Aye; CM Acquaviva, Excused; CM Vail, Aye. Motion Carries, All Ayes (4-0). 10.f. Recognizing Florida Municipal Government Week (Resolution 21-2024) A RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, RECOGNIZING FLORIDA MUNICIPAL GOVERNMENT WEEK, OCTOBER 21ST TO OCTOBER 27TH, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION Staff Comments: Clerk Kohler states that Staff has planned several activities for the week to celebrate Florida Municipal Government Week. A complete schedule of the activities can bei found ROLL CALL VOTE: CM Scardino, Aye; CM Hofmeister, Aye; CM Acquaviva, Excused; CM  Discussion: None.  AND CORRESPONDING ACTIMITIES. Exhibit: Agenda Report Number 10.f. Clerk read Resolution by title only. int the agenda package. Discussion: None.  MOTION: CM Vail/CM Clevenger to approve Resolution 21-2024. Vail, Aye; CM Clevenger, Aye. Motion Carries, All Ayes (4-0).  11. DSCUSSIONPOSSIBLE ACTION: 1  11.a. Select' Workshop Date for Rescheduled Lane Paving Discussion.  Exhibit: Agenda Report Number 11.a.  Staff Comments: TM Morrell states this was originally scheduled for October 14th but was canceled due to limited availability and Hurricane Milton recovery efforts. Staff is seeking a new Discussion: CM Vail suggests Monday October 28th. CM Scardino suggests having it at 7 PM on the November 4th meeting. Consensus is reached to have the discussion before the meeting, to  date to hold the workshop.  carry over into the meeting if needed.  12. PUBLIC COMMENTS: General Items (Speaker Card Required) 153 REPORTS - MAYOR AND COUNCIL MEMBERS    CM Acquaviva: Excused. CM Vail: None CM Clevenger: None. CM Scardino: None  CM Hofmeister: Speeders on Corey Road are very fast. Mayor Reilly: Thanked Staff for the wildly successful event on Saturday! He also thanked TM Morrell for the progress shown in the repaving projects. 16. ANNOUNCEMENTS: (2) Vacancies on the Planning & Zoning Board; (2) Vacancies on the Parks and Recreation Board; (2) Vacancies on the Board of Adjustment; (2) 17. ADJOURNMENT: There being noi further business to discuss and without objection, the  Vacancies ont the Trails and Greenways Committee. meeting was adjourned at 8:53 P.M.  BY: PthukT. Ruill,  Mayor PatrickT T. ReillypCouncil Chair  ATTEST: RIDRhh Richard' W. Kohler Town Clerk  Date. Approved: 11/04/2024