MALABARTOWN COUNCIL REGULAR MEETING MINUTES November 25th, 2024, 7:30 PM  This meeting of the Malabar Town Council was held at Town Hall at 2725 Malabar Road. Council Vice -Chair David Scardino 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 TREASURER: TOWN CLERK: 3.  MAYOR STEVE RIVET DAVID SCARDINO MARISA ACQUAVIVA JULANE KIKLA-E EXCUSED JIM CLEVENGER MARY HOFMEISTER KARL BOHNE- EXCUSED LISA MORRELL MAKAYLA. AUSTIN RICHARD KOHLER  Also in attendance is Fire Chief Ron Angelone. NOMINATE CHAIR AND VICE-CHIAR Exhibit: Agenda Report Number 3 the item on the December 2nd Agenda. add item 7.c. Treasurer Report. CONSENT AGENDA:  Clerk Kohler states the Town Code requires this action take place with at full Council. We will have APPROVAL OF AGENDA- ADDITIONSDELETIONS/CHANGES: Treasurer. Austin requests to  4. 5.  5.a. Approve Minutes of 11/04/2024 RTCM Exhibit: Agenda Report Number 5.a. 5.b. Approve Minutes of 11/04/2024 TC Workshop Exhibit: Agenda Report Number 5.b. 5.c. Approve Minutes of 11/07/2024 STCM Exhibit: Agenda Report Number 5.c.  MOTION: CM Hofmeister/CM Clevenger to approve Consent Agenda as presented.  Discussion: None  VOTE: All Ayes Motion Carries 4-0.  6. 7.  ATTORNEY REPORT: Clerk Kohler states Attorney Bohne has included a memo providing a summary of the Sunshine Laws. He would be happy to have a meeting with any members of  Council wishing for a more in-depth explanation.  STAFF REPORTS 7.a. Manager Exhibit: None    TM Morrell began by stating that the tree lighting is scheduled for next week. The Fire Engine is inc queue for repairs, and we are hoping to have it back after the first oft the year. The Slope Mower is being repaired by Ring Power and is currently out of service. Paving will resume in the new year, as we have some trees to remove around Brook Hollow and Township. Public Works positions have been posted, but qualified applicants have been minimal. She will be bringing an item forward to discuss contracting road grading to at third-party contractor. Brevard County has found it is more financially viable to pave a road than to maintain grading it. CM Clevenger asks ifu using Indeed would have better results. TM states she is already there. CM Scardino asks if raising the wage may help. TM states she is advertising at a higher rate at this time. She feels that most oft the CDL licensed drivers are: already employed. She has also had al hard time finding applicants who have experience in road grading. CM Acquaviva asks ifiti is more difficult to get CDL licenses? TM states yes, the national association refined the CDL process, and it is now more centralized and expensive. Brevard County is in the process of creating a CDL school to train new bus drivers. Mayor Rivet states the price point may be an issue. CM: Scardino states he feels we should offer higher wages. CM Hofmeister suggests caution, as to not upset out current workers. CM Scardino asksi ifwe canj piggyback Grant-Valkaria's: contract?" TM: States the contract is too specific with their road names included. She is working to develop a Malabar specific bid. CM Hofmeister asks for an update on Benjamin Lane. TM: states she has no additional information since her last report to Council, and Grant-Valkaria lost their Mayor recently. There may be a minor delay in the process. She also updates Council that the 21 bids received for Culvert Cleaning were insufficient, and she has rejected both of them. She is investigating contracts we can piggyback. Debris Clean upl has been completed by thet third-party contractor. We have submitted for reimbursement of protective measures from FEMA. The Rocky Point Road project is also  under additional FEMA review.  7.b. Clerk  Exhibit: Agenda Report Number 7.b.  Clerk Kohler states The Town Christmas Tree Lighting ceremony will take place on Monday December 2nd, at 6:30 PM in front of the Malabar Fire Station, 1840 Malabar Road. It has been confirmed that Santa Claus will be in attendance as a special guest of the Malabar Fire Department. All residents are welcome to attend. The December 2nd RTCM will take place at Staff is also proud to announce that Town Hall and the Malabar Fire Station are both serving as collection points for Toys for Tots. This has been very successful in the past, and anyone wishing to donate unopened Toys may bring them to Town Hall or the Fire Station until December 17th. Clerk Kohler also reports that he willl bei traveling out of state for the Christmas holiday and plans to be out of the office from Friday December 20th, 2024, to Monday January 6th, 2025. Iwill be available via phone and will have my work computer with me on non-travel days to assist with any  7:30 PM at Town Hall after the tree lighting ceremony.  required Town business. 7.c. Treasurer Exhibit: None  Treasurer Austin states the Rocky Point Road project is being closed out withi final payments. The awarded bid for the project was $753,600. We have paid the contractor, Custom Built Marine, $610,522, or a saving of $144,078. Costal Waterways, project engineers, were awarded $96,100 and paid $62,190, with a saving of $33,910. Total estimate was $850,700, and final project cost was $672,713. CM Scardino asks how much oft that would ber reimbursed by FEMA. TM estimates  75% of the expended costs.    8. 9.  PUBLIC COMMENTS: Comments at this point may address items NOT on the Agenda. Comments related to subsequent Agendal Items may be made as those items come up. Public comments do not require a Council response. (Speaker Card is Required): None. 9.a. FINAL READING -F FY 2023/2024 Final Budget Amendment (Ordinance 2024-11) AN ORDINANCE OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PERTAININGTOAI BUDGET AMENDMENT IN THE FISCAL YEAR 2023/20241 TO PROVIDE FOR ACTUAL REVENUES RECEIVED; PROVIDING FOR THE UNSPENT BUDGETED FUNDS DUE TO REDUCED EXPENDITURES; PROVIDING DIRECTION TO REALLOCATE SUCH EXCESS FUNDSTOI DESIGNATED RESTRICTED RESERVES FOR THE BUILDING DEPARTMENT, PARKS AND RECREATION, AND THE STATE & LOCAL FISCAL RECOVERY FUND; PROVIDING THE SHIFTING OF UNSPENT MONIES BETWEEN DEPARTMENTS TO BALANCE THE EXPENDITURES; PROVIDING REMAINING EXCESS FUNDS TO RESERVES ON DEPOSIT; PROVIDING FOR CONFLICT; AND PROVIDING Staff Comments: Treasurer Austin states this is a routine action for the closing out of a fiscal year. She provided detailed information on State Statute 166, which provides directions ont this action. Total revenues were $3,739,949 and expenditures were $3,357,785 leaving an unexpended balance of $1,601,900. There were shortages in both the Town Manager and Rocky Point Road departments, and they were covered by remaining funds in Public Works and Finance. There is a remining General Fund Balance of $307,069 which Council has MOTION: CM Clevenger/CM Acquaviva to approve the final reading of Ordinance 2024- ROLL CALL VOTE: CM Kikla, Excused; CM Clevenger, Aye: CM Scardino, Aye; CM 10. UNFINISHED BUSINESS/GENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  PUBLIC HEARINGS: 1  FOR AN EFFECTIVE DATE. Ordinance read by title only.  Exhibit: Agenda Report Number 9.a.  directed Staff to place in unrestricted reserves on deposit.  PUBLIC HEARING OPENED. PUBLIC HEARING CLOSED.  11  Discussion: Mayor Rivet states it sounds like av well-managed year. Hofmeister, Aye; CM Acquaviva, Aye. Motion Carries, 4-0. RELATED TO TOWN APPOINTED BOARDSICOMMITTEES: 0  11. ACTION ITEMS:  ORDINANCES FOR FIRST READING: 0 Exhibit: Agenda Report Number 11.a. current alternate delegate is CM Scardino. VOTE: All Ayes. Motion Carries 4-0  RESOLUTIONS: 0 MISCELLANEOUS: 5  11.a. Select Space Coast Leage of Cities (SCLOC) Delegate for 2024/2025  Staff Comments: Clerk Kohler states that the current delegate is former Mayor Reilly, and the MOTION: CM Clevenger/CM Scardino to appoint Mayor Rivet as the SCLOC Delegate. MOTION: CM Acquaviva/CM Hofmeister to appoint CM Scardino as the alternate. Discussion: Mayor Rivet states he would be happy to serve ini that role 11.b. Select Representative to the TPO/TAC Board for 2024/2025  Exhibit: Agenda Report Number 11.b.    Staff Comments: Clerk Kohler states that currently, he is the selected representative to the TPOITAC, and TM Morrell is the alternate. Staff is happy to continue representing the Town at MOTION: CM Scardino/CM Hofmeister to appoint Town Clerk Kohler as the TPOITAC Discussion: Clerk Kohler provided an update on the most recent TPO meeting attended, the 4th quarter Vision Zero meeting, where the group discussed the newly implemented school zone  the TPO/TACI if that is what Council desires.  representative, and to appoint Town Manager Morrell as the alternate.  speeding cameras installed in Palm Bay. VOTE: All Ayes. Motion Carries 4-0.  11.c. Select Bill Reviewer for 2024/2025 Fiscal Year Exhibit: Agenda Report Number 11.c.  Staff Comments: Clerk Kohler states that CM Clevenger has served as the Bill Reviewer since he MOTION: CM Scardino/CM. Acquaviva to appoint CM Clevenger as the Bill Reviewer for the MOTION: CM Acquaviva/CM Clevenger to appoint CM Hofmeister as the alternate Bill Discussion: CM Acquaviva states she feels this position is a good one to help CMs learn more about the Town and its operations. CM Hofmeister volunteers to act as an alternate.  was elected to office in 2022. 2024/2025 Fiscal Year.  Reviewer for the 2024/2025 Fiscal Year. VOTE: All Ayes. Motion Carries 4-0.  11.d. Select Check Signer for 2024/2025 Fiscal Year Exhibit: Agenda Report Number 11.d.  Staff Comments: Clerk Kohler states that CM Acquaviva has served as the Check Signer since MOTION: CM Scardino/CM Clevenger to appoint CM Acquaviva as the Check Signer for1 the MOTION: CM Acquaviva/CM Clevenger to appoint Mayor Rivet as the alternate Check Discussion: CM Acquaviva states that as she is already listed as a signatory on the bank account, she would be happy to continue ini this role. She also notes that Mayor Reilly had served as the  she was elected to office in 2020. 2024/2025 Fiscal Year.  Signer for the 2024/2025 Fiscal Year. VOTE: All Ayes. Motion Carries 4-0. 11.e. Eschenberg Park Use. Agreement Exhibit: Agenda Report Number 11.e.  alternate.  Staff Comments: Clerk Kohler states that Mr. Johnson requested the temporary use of Eschenberg Park. He pastures cattle on the property north of the park, Parcel ID# #29-37-03-02- *-1,and on the property south of the park, Parcel ID # 29-37-03-00-13. He states that there are already gates in place to allow this transfer. Staff has requested Attorney Bohne to draft an agreement to allow for the movement of cattle across the property. The agreement states that the park shall not be used for any other purposes. The Term of the Agreement has been left blank for Discussion: CM Acquaviva asks how long he plans to do this? TM Morrell suggests the term be made in perpetuity. Council can end the agreement at any time. CM Hofmeister asks how often he will do it, and will we know when he will be doing this? She requests additional information. TM states staff will investigate how often, how many, use of motorized vehicles and how  Council to determine.  frequently.  12. DISCUSSIONPOSSIBLE ACTION:    12.a. Theft of Rock from Rocky Point Road - CM Scardino Exhibit: Agenda Report Number 12.a.  Discussion: CM Scardino states he wanted to discuss this because he felt it should be public information as to what transpired. CM Acquaviva asked if the police handled this. CM Scardino states someone stole 8k of our property. CM Clevenger asks if the rock was installed on private property? TM States yes it was installed on HOA property. The HOA president was the oney who hired the contractor. CM Scardino states if you rob a bank but return the money, you still go to jail. He feels we had a major theft. Could we have surpluses or used the rocks elsewhere? TM States yes. CM Scardino states it should be upi to Council if we prosecute. CM Acquaviva states shei trusted what happened with Staff and police, andi feels it was handled appropriately. Int talking with the TM, she felt this issue was handled. Do we want to prosecute someone who was trying to improve their area, and returned the rock? CM Scardino states the point is that someone stole from us, and it is up to the Council if we wish to prosecute. He is okay if the decision is to not prosecute, but he feels Council should consider it. CM Hofmeister states that as an HOA they should have known better. CM Clevenger states ifity was on personal property, he would support prosecuting, but it was placed on HOA property. CM Acquaviva asks if BCSO should have arrested him on the spot?Ourbathroms: are regularly vandalized. CM Scardino states he wanted this to be in the open and wanted Council to be aware oft thei issue. Mayor Rivet states in general, ifthere are no negative consequences, theft will continue. He supports making it abundantly clear what happened should suffice. CM Acquaviva states she feels since the rock was returned; we should move on. CM Scardino states the theft was committed by a resident named Ron Abbot. CM Hofmeister asks TM Morrell for more information. TM Morrell provided additional facts from the date of the incident. She interacted with the contractor who had no idea that the material he was moving was owned by the Town. The rocks were placed back at the staging area within 2 days. The Deputy was not interested in prosecuting, as the materials were returned. CM Clevenger asks if the person who moved the rock was paid? TM states the contractor was paid by Mr. Abbot for bothi installing and removing the rocks. CM Scardino states hei is happy with this conclusion. TM states shel had been provided nonverbal direction to not sharet the residents' name  during the last discussion.  12.b. Obligating ARPAISLFRF for Water Tender Firefighting Apparatus  Exhibit: Agenda Report Number 12.b.  Discussion: TM Morrell states we have a duty to obligate all ARPAISLFRF funds by the end of this calendar year. We have completed some of the smaller projects, as well as paving weber road, Palm Bay water expansion, She had planned to obligate funds to Culvert cleaning, but the bids were incomplete. We are under contract for the Tender. She proposes utilizing the ARPA/SLFRF funds to complete the Tender purchase. CM Clevenger states he agrees to use ARPA funds at a future meeting. TM states using ARPA funds for this frees up fund balance for road paving, new town hall, or other projects. Consensus is reached to proceed obligating  ARPA/SLFRF funds for the Water Tender.  13. PUBLIC COMMENTS: General Items (Speaker Card Required) 14. REPORTS - MAYOR AND COUNCIL MEMBERS  CM Acquaviva: None. CM Kikla: None. CM Clevenger: None. CM Scardino: None.  CM Hofmeister: She states people are speeding on Corey Road. She also thanked Staff for preparing the Christmas Tree andi thanked Public' Works fori the hard work they  are doing, even while short staffed.    Mayor Rivet: States he, Mayor Reilly, and TM Morrell attended the memorial service for Grant-Valkaria Mayor Del Yonts. He was the only Mayor that Town has ever had. CM 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  Scardino suggests sending him a card from Council. Vacancies on the Trails and Greenways Committee. meeting was adjourned at 8:34P.M.  BY: ARAT Mayor Steve Rivet, Cbuncil Chair  ATTEST: ah Richard W. Kohler Town Clerk  Date Approved: 12/02/2024