MALABAR TOWN COUNCIL REGULAR MEETING MINUTES October 7th, 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.  CALL TO ORDER: ROLL CALL:  MAYOR PATRICK T. REILLY DAVID SCARDINO MARISA. ACQUAVIVA-E EXCUSED BRIANVAIL JIM CLEVENGER MARY HOFMEISTER KARL BOHNE EXCUSED LISA MORRELL RICHARD KOHLER  APPROVAL OF AGENDA: A ADDITIONSIDELETIONS/CHANGES: None.  CONSENT AGENDA:  4.a. Approve Minutes of 09/23/2024 TRIM Meeting Exhibit: Agenda Report Number 4.a. 4.b. Approve Minutes of 09/23/2024 RTCM Exhibit: Agenda Report Number 4.b.  4.c. Procurement SLFRF Park Improvements = Trash Receptacles, Benches, and Solar  Lighting  Exhibit: Agenda Report Number 4.c.  MOTION: CM Scardino/CM Vail to approve. Consent Agenda as presented.  Discussion: None  Vote: All Ayes Motion Carries 4-0. ATTORNEY REPORT: None. BCSO REPORT: None. BOARD/COMMITTEE REPORTS: 7.a. Trails & Greenways Committee Exhibit: Agenda Report Number 7.a. 7.b. Parks & Recreation Board Exhibit: Agenda Report Number 7.b. 7.c. Planning & Zoning Board Exhibit: Agenda Report Number 7.c. STAFF REPORTS  5. 6. 7.  8.    8.a. Manager  Exhibit: None  TM Morrell began by stating that the Town has been preparing for Hurricane Milton. We are expecting the storm to hit on Wednesday and leaving on Thursday. It is expected to hit as a category 5 and reduce to a weak 2 by the time it gets to us. We should expect 6-8 inches of rain. Town Hall will close to the public on Wednesday and will reassess for opening on Thursday or Friday. Paving along Corey Road, Hall and Atz have begun. She is closing out the Rocky Point Road project with both the contractor and FEMA. The insurance transfer has been complete, and the new carrier has provided lots of information in preparation fori the Storm. The E99 Fire Engine will be covered by insurance and repaired by Palm Bay Fleet. Malabar FD has a back up engine inj place. Her meeting with Palm Bay Utilities has been delayed due to the storm. Baseball clay will be replenished, as well as playground mulch. Road stabilizer is also ready for pick up at the mine. She also has one Code Enforcement case, to be heard at the October 17th Special Magistrate Hearing. CM Scardino asked if the FEMA disbursements may be delayed due to this storm? TMI Morrell states she believes it should be covered by past allotments, and we will have to see how much we are provided. Mayor Reilly asked about the condition of our Baseball field. TM Morrell states she has been working to clean up the field. Iti is not a tournament field. We do not have a parks department. It is intended to be a general recreation area, not suited for league play. The area is intended to be used as a first come, first serve park. Mayor Reilly asked how much we are expecting to get from FEMA. TM Morrell is hoping to get the full 900K.  8.b. Clerk  Exhibit: None  Clerk Kohler states that BTR Collection is at 75% collected, and 40% of the remaining fees are 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.  from out of state Insurance companies.  9.  10. PUBLIC HEARINGS: 0  11. UNFINISHED BUSINESSIGENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  RELATED TOTOWN. APPOINTED BOARDSI/COMMITTEES: 0  12. ACTIONITEMS:  ORDINANCES FOR FIRST READING: 0  RESOLUTIONS: 0 MISCELLANEOUS: 4 Services & Asphaltic Concrete  12.a. Procurement Using Other Agency Contract, Brevard County B-6-23-70 Paving Staff Comments: TM Morrell states this item is requesting Council approval for the repaving of the Brook Hollow Subdivision in its entirety, Hall Road from Marie Street to Richards Lane, Atz Roadi from LaCourt Lane to Weber Road, and Marie Street from Johnston Ave to Hall Road. Some oft these roads that intersect Corey Road are being done in line. This is about $200k less than the MOTION: CM Scardino/CM Hofmeister to approve utilizing other agency contracts, Brevard County Bid #B-6-23-70, utilizing V.A. Paving, Inc. for paving services in the amount not to  Exhibit: Agenda Report Number 12.a.  CIP estimate. exceed $1,281,511. Discussion: None.    VOTE: AlI Ayes. Motion Carries 4-0.  12.b. Procurement Using Other Agency Contract, Brevard County B-7-21-05 Thermoplastic Staff Comments: TM Morrell states this item is requesting Council approval for the thermoplastic striping of the Brook Hollow Subdivision, Hall Road, Atz Road, and Marie Street. Briar Creek Blvd will require white edges and a double yellow line, and the remaining roads will require stop bars. These will initially be paint, with the Thermoplastic being added at few weeks after the pavement MOTION: CM Hofmeister/CM Scardino to approve utilizing other agency contracts, Brevard County Bid #B-7-21-05, utilizing Florida Striping, Inc located at 2991 Indiana St, Melbourne, FL 32904, for roadways striping services in the amount not to exceed, $69,486.  Roadway Striping  Exhibit: Agenda Report Number 12.b.  has cured.  Discussion: None.  VOTE: All Ayes. Motion Carries 4-0.  12.c. Procurement Using Other Agency Contract, Sourcewell #031121-KBA and Kubota Staff Comments: TM Morrell states this item is requesting Council approval on the purchase ofa Kubota Skid Steer with 2 attachments for the Public Works Department. This item will assist the department in their Road Maintenance duties. CM Vail states this equipment should be a perfect fit. TM Morrell states we are getting forks, a grapple and a bucket. CM Scardino asked what the model number is. TMI Morrell states the specific information is included in the agenda packet. MOTION: CM Scardino/CM Hofmeister to approve the procurement of a Kubota Model SVLK97-2HFC skid steer for the Streets & Roads Department in the amount of $81,066.21 utilizing other agency contracts, Sourcewell contract #031121-KBA through Florida Coast Discussion: CM Hofmeister asks when we can get this delivered? TM Morrell states it is in stock.  Tractor Corporation  Exhibit: Agenda Report Number 12.c.  Equipment, Inc., located at 3030 Cuyler Street, Mims, Florida 32754.  VOTE: All Ayes. Motion Carries 4-0.  12.d. Residential Rate Service Adjustment for Solid Waste  Exhibit: Agenda Report Number 12.d.  Staff Comments: TM Morrell states this item is requesting Council approval of the annual rate adjustment included ini the Solid Waste Franchise. Agreement. The current monthly ratei for service is $51.19, and they are requesting to increase it to $54.41, or an increase of $3.22 per month. The contractor did provide their financing information in tonight's agenda packet, and this change would have an effective date of. January 1, 2025. She states she is aware ofsome missed pickups, and plans to convey the message to Waste Pro. She does not want Brevard County Emergency MOTION: CM Vail/CM Clevenger to approve the increase as proposed by Waste Pro of Discussion: CM Vail states the piles seem to move from the main roads quicker than the side  Management to pick up the Waste Pro piles and charge us for their removal.  Florida, Inc. effective January 1, 2025. VOTE: All Ayes. Motion Carries 4-0. 13. DISCUSSIONPOSSIBLE ACTION: 1  roads.  13.a. Discussion to amend Malabar Code of Ordinances, Land Development Code Section  1-5.15. - Parking, Storage or Use of Major Recreational Equipment.  Exhibit: Agenda Report Number 13.a.    Staff Comments: TM Morrell states this item has come up several times in the last year. The current Town Code provides for trailers to be used in residential and commercial zones at the same rate. She is requesting to send this to Planning and Zoning Board for review and possible increase of fees. Construction Trailers should require a higher degree of inspections and fees than residential trailers. Currently, an applicant can pay $500.00, and request to have a trailer from Council. She included the Lake County code as an example, and they charge $5,000.00. MOTION: CM Scardino/CM Hofmeister to direct Staff to Draft an Ordinance for review by Discussion: CM' Vail states he supports the use oft temporary living but agrees its should be properly inspected and permitted. He asks what the cost would bei ift the Town had to remove one oft these trailers that is abandoned. $5k seems expensive but it is a bond returned to the owner upon completion, and if it isn'tremoved, the Town would have to pay to remove it. He also asks if the code would govern what type and size of trailer would be allowed? CM Scardino states to rent a house, it will cost at least $4k. CM Vail states he likes the current pace of 6 months and believes that Council is a good judge. TM Morrell asks Council if they want to continue tol bei the reviewing agency, or do they wish for Staff to supervise? CM Clevenger states he likes the 6 months. CM Scardino states permits are valid for 180 days. TM Morrell suggests having this process be covered by the Clerk office. CM Hofmeister states she supports that. Mayor Reilly states the current code does not make a distinction between residential and commercial and would like to see a distinction created in the new code. CM Vail suggests allowing either a shed or Connex container also be allowed for storage. He supports removing the ambiguous portions of our code.  the Planning and Zoning Board to include the changes discussed.  VOTE: All Ayes. Motion Carries 4-0.  14. PUBLIC COMMENTS: General Items (Speaker Card Required) 15. REPORTS - MAYOR AND COUNCIL MEMBERS  CM Acquaviva: Excused. CM Vail: None. CM Clevenger: None.  CM Scardino: CM Scardino states the Gas Company is cleaning the lines, and he is concerned it is a potential pollutant. The Fire Department is researching it. CM Hofmeister: CM Hofmeister states she is still seeing a lot of speeders on Corey  Road. Mayor Reilly: None.  16. ANNOUNCEMENTS: (2) Vacancies ont the Planning & Zoning Board; (2) Vacancies on the Parks and Recreation Board; (2) Vacancies on the Board of Adjustment; (2) 17. ADJOURNMENT: There being no further business to discuss and without objection, the  Vacancies on the Trails and Greenways Committee. meeting was adjourned at 8:11 P.M.  BY: AhiTRill  Mayor Patrick T. Reilly, Council Chair  ATTEST:  ALWZR Richard W. Kohler Town Clerk  Date. Approved: 10/21/2024