MALABAR TOWN COUNCIL REGULAR MEETING MINUTES November 4th, 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 Hofmeister led P&P.  1. 2. CHAIR: VICE CHAIR: COUNCIL MEMBERS: TOWN ATTORNEY: TOWN MANAGER: TOWN TREASURER: TOWN CLERK: 3.  CALL TO ORDER: ROLL CALL:  MAYOR PATRICKT. REILLY DAVID SCARDINO MARISA ACQUAVIVA BRIAN VAIL JIM CLEVENGER MARY HOFMEISTER KARL BOHNE-EXCUSED LISA MORRELL MAKAYLA AUSTIN RICHARD KOHLER  Also in attendance is Fire Chief Ron Angelone.  APPROVAL OF AGENDA - ADDITIONS/DELETIONSICHANGES: TM Morrell requests to add Procurement Using Other Agency Contract, Brevard County B-6-23-70 Paving Services & Asphaltic Concrete as Consent Agenda Item Number 4.e. Without objection, item added  to the Consent Agenda as Item 4.e. CONSENT AGENDA:  4.  4.a. Approve Minutes of 10/21/2024 TRIM Meeting Exhibit: Agenda Report Number 4.a. Exhibit: Agenda Report Number 4.b.  4.b. Consideration of Using Other Competitively Awarded Contracts for Equipment 4.c. Corrective Action: Purchase of Replacement of Fire Department Turnout Gear utilizing other agency contract, Lake County Contract, 17-0606B for Fire Equipment, Supplies and  Rentals, Procurement.  Services, awarded to Bennett Fire Products Co, Inc. Exhibit: Agenda Report Number 4.c. 4.d. Surplus of Municipal Owned Property Exhibit: Agenda Report Number 4.d. Exhibit: Agenda Report Number 4.e.  4.e. Procurement Using Other Agency Contract, Brevard County B-6-23-70 Paving Services  & Asphaltic Concrete Discussion: None  MOTION: CM Vail/CM Acquaviva to approve Consent Agenda as presented.  Vote: All Ayes Motion Carries 5-0. ATTORNEY REPORT: None.  5.    6. 7.  BCSO REPORT: None. BOARD/COMMITTEE REPORTS: 7.a. Trails & Greenways Committee Exhibit: Agenda Report Number 7.a. Sandhill Trailhead on November 22nd. 7.b. Parks & Recreation Board 7.c. Planning & Zoning Board STAFF REPORTS 8.a. Manager Exhibit: None  Clerk provides a verbal report of the actions taken at the October 30th Trails and Greenways Committee Meeting, including notice that there is a planned joint workday in place to clean up  Exhibit: Agenda Report Number 7.b. Exhibit: Agenda Report Number 7.c.  8.  TM Morrell began by stating that information about the paving of US 1i is before Council this evening. The flasher at the Yellow Dog and some medians will be improved. There has been progress) with FEMA, and we arel hoping to get $685k reimbursed. There is likely another 2 months ofi federal and state review, but iti is promising. CM Clevenger asks if thet total costs for the project are $150k for the Town. Town Manager states the Town pays all of the bill and is hoping for reimbursement. Ifv we are awarded the suggested amount, yes $150k is about thet total cost to the Town. The Skid Steer was delivered. The Culvert cleaning bids will be opened on Thursday, and one has been submitted. She also has a call scheduled with Palm Bay to discuss the water expansion. CM Acquaviva asks for an update on the Hurricane Debris clean up. TMI Morrell states the Town has piggybacked with Brevard County for debris removal. There is an app posted to our Facebook page that can help residents track the removal. She will also be attending al Flood Plane management course this week. She also reminded Council that she willl be on' vacation next week. Clerk Kohler states that Staff has sent thank you notes to all vendors and sponsors from FallFest andi included an event shirt with each letter. He also reminded Council oft the upcoming Swearing in Ceremony, to be held on Thursday November 7th at 7 PM. He stated staff will be available to 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. 10.a. FIRST READING-FY: 2023/2024 Final Budget Amendment (Ordinance 2024-11) AN ORDINANCE OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PERTAININGTOABUDGET AMENDMENTINTHEI FISCAL YEAR: 2023/2024 TOPROVIDE FOR ACTUAL REVENUES RECEIVED; PROVIDING FOR THE UNSPENT BUDGETED FUNDS DUE TO REDUCED EXPENDITURES; PROVIDING DIRECTION TO REALLOCATE SUCH EXCESS FUNDS TO DESIGNATED RESTRICTED RESERVES FOR THE BUILDING DEPARTMENT, PARKS AND RECREATION, AND THE STATE & LOCAL FISCAL  8.b. Clerk  Exhibit: None  take new Council photos.  9.  10. PUBLIC HEARINGS: 1    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: Mayor Reilly asks why we are doing this? Treasurer Austin states our revenues exceeded the expenditures. An amendment isi included to correct the Town Manager Salary. Those funds were taken from the 513 account. The general fund has a $307k balance left to spend. Mayor Reilly asks if we were over budget? Treasurer states no, the Town MOTION: CM Vail/CM Hofmeister to approve the first reading of Ordinance 2024-11 Discussion: TM Morrell states with the fund balance, where does Council want to put the $307k? CM Scardino states roads. CM Vail states disaster or roads. He asks how much we have in our disaster recovery fund. TM Morrell states Staff needs to know where it goes. CM Clevenger suggests putting it in general fund. Mayor Reilly asks for consideration of it going to a new Town Hall. Consensus is reached to designate the remaining funds to the general ROLL CALL VOTE: CM Hofmeister, Aye: CM Acquaviva, Aye: CM Vail, Aye: CM 11. UNFINISHED BUSINESS/GENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY  FOR AN EFFECTIVE DATE. Ordinance read by title only.  Exhibit: Agenda Report Number 10.a.  remained under budget. PUBLIC HEARING OPENED. PUBLIC HEARING CLOSED.  fund.  Clevenger,Aye: CM Scardino, Aye. Motion Carries, 5-0. RELATED TO TOWN APPOINTED BOARDSICOMMITTEES: 0  12. ACTION ITEMS:  ORDINANCES FOR FIRST READING: 0  RESOLUTIONS: 1 MISCELLANEOUS: 2  12.a. Appoint Donna Hanna to the Board of Adjustment (Resolution 22-2024) ARESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE APPOINTMENT OF DONNA HANNA TO THE MALABAR BOARD OF ADJUSTMENTS 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 12.a.  Resolution read by title only. Discussion: None.  MOTION: CM Acquaviva/CM Vail to approve Resolution 22-2024.  ROLL CALL VOTE: CM Acquaviva, Aye: CM Vail, Aye: CM Clevenger, Aye: CM Scardino, 12.b. Approve Brevard County Sheriff Office Dispatching Service Interlocal Agreement Staff Comments: Clerk states this ILA was sent to us by BCSO. Previously, BCFR performed these services, but with the opening of the new EOC and Dispatch Center, BCSO now manages and operates the Dispatch Service. The new ILA provides for BCSO to perform the duties for an initial 2-year term, with 3 automatic renewals for 1-year periods, unless either party provides written notice. The cost oft the service has not changed and remains at $9,500.00 per year, to be  Aye; CM Hofmeister, Aye. Motion Carries 5-0.  Exhibit: Agenda Report Number 12.b.  funded from account 522.3401.    MOTION: CM Scardino/CM Vail to approve the Interlocal Agreement Regarding E-911 Fire Rescue Dispatch Services Between Wayne Ivey, Sheriff of Brevard County, Florida, and  the Town of Malabar Florida. Discussion: None. VOTE: All Ayes. Motion Carries 5-0.  12.c. MCCI Scanning Estimate for Building Department Records  Exhibit: Agenda Report Number 12.c.  Staff Comments: Clerk states that in 2022, Council approved a contract with MCCi and Laserfiche for document scanning and record retention. The first batch of records included 53 boxes of Building Department records. The second batch Staff has prepared includes 68 boxes of building records, including recent permits, commercial permits, and subdivision plats. Once the files have been scanned, they are provided to Staff on the Laserfiche Cloud for sorting and retention. The paper copies are destroyed onsite by MCCi once Staff has determined that the digital versions are sufficient. MCCi also performs Public Records Request assistance on any records requested while they are in the scanning process. This batch of records is estimated at $48,314.07, to be MOTION: CM Scardino/CM Vail to approve the MCCI Scanning Estimate for Building Discussion: TM Morrell states this is a piggyback contract and will help reduce the Building Department enterprise fund. Mayor Reilly asked how far along with the scanning process is the Town? Clerk states this should be the last batch of files for the Building Department. Staff will  funded from account 524.4620.  Department Records by piggybacking Omnia Contract NCPA 01-162.  begin identifying permanent retention documents to be scanned. 13.a. Continued Lane Paving Discussion from Workshop Exhibit: Agenda Report Number 13.a.  VOTE: All Ayes. Motion Carries 5-0. 13. DSCUSSIONPOSSIBLE ACTION:  Discussion: CM' Vail states he was going to measure thet travel paths of each road. CM Scardino states he heard an option to apply a thicker layer of asphalt. CM Vail states to be equitable, we must uphold the same standards for new and existing road improvement. CM Clevenger agrees. Het feels we should focus ont fixing what wel have. CM Vail asks what happened tot the old millings? TM Morrell states they have all been used. A resident tonight stated his road looked great on Friday, and it is in bad shape today. We are spending all our Streets and Roads time in grading roads. CM Scardino suggests not allowing grass lanes. CM Acquaviva states the cost share policy has 5 roads already submitted for paving. What can we do to help these people? Has the policy been successful? CM Scardino suggests finding a new standard sO that the Town can improve more lanes. CM Acquaviva states hearing that Benjamin Lane was done poorly is a cautionary talei tol her. TMI Morrell states iti is thin asphalt that was rushed, and the stormwater system requires al lot of work. Currently, someone is working to extend Benjamin Lane west. She is putting it in as adirtroad. CM Clevenger states we should not reduce our road standards. TMI Morrell used Rivet Lane as an example. If that road were to be paved without stormwater improvements, it would degrade much quicker. Mayor asks how much research it would taket to reduce the restrictions on the roads. He wants to still have high quality roads. TM Morrell states she feels it would help to build a criteria to determine the value of paving lanes. She asks Council what type of roads they would not accept? She would like to see more specific standards. CM Acquaviva asks how the road payback program works. TM Morrell states the Town acts as the bank and is usually not repaid until the property is sold. CM Hofmeister states that Smith Lane is complete. What percentage of those residents paid back? Staff states on Hunter Lane, 1/3 has been recovered. The funds are generally recouped with a sale, transfer, or when a building permit is pulled. CM    Vail suggests the Town pave new dirt roads as they are accepted. He believes Candy Lane is a perfect example, the road should be capped and paved before time wears it out. Brandi Patterson, Oakridge Lane - Project Manager for VAF Paving. Ifthere is al brand-new road constructed with lime rock base, a high level of pressure brings the small pieces to the top and buries the larger rocks. Her recommendation: would bet toy prime and seal newly constructed roads. She feels priming is a cost-effective method. CM Scardino asks if we prime our lane, would they last longer? Ms. Patterson states a prime would be a band aid, and the area should be lightly sanded. She feels if aLBR is taken and shows anything over 40, she would be confident it would hold a road. Recently, they placed up to 4 inches of asphalt on US 1. Asphalt can be used as a base substitute ift the LBR is over 40. She also has a large contact with Palm Bay, and they paved the Northeast by using full depth reclamation. She feels the reclamation leads to a poor final product and shows signs of sinking and cracking. Mayor thanked Ms. Patterson for her TM Morrell states that LBR 40 is included in the current Town standard. Her main issue would be that the stormwater would not be done. CM Scardino states we need to do some of the stormwater. CM Vail suggests having the ditches dug to grade. TM Morrell states she envisions a combined project, including refined criteria, and potential paths forward. Mayor asks if there is any direct action for Staff? CM Vail would like to see the travel width of each road. Mayor Reilly states that much of this research was already compiled. CM Clevenger suggests performing LBR testing on a few of the roads. Mayor Reilly suggests Duncil Lane is in the worst shape. CM Vail states he was not in favor of doing the cost share program. He feels the residents should be responsible fort the cost of upgrading the road to pave. If the residents want their lane paved, they should pay the 100% cost. He believes the Town already contributes by maintaining the road. CM Scardino states we should remove the lane paving cost share program until we can afford it. CM Hofmeister states a lot as been learned since then. CM Vail asks how we change the program? TM Morrell states she included it int the packet, and it can be amended by Council. Do we want to lower our LBR standard? 40i isi the currently accepted standard. CM' Vail asks ifaroad would have to be up to all stormwater requirements for improvement? TM states it would depend on each individual road. CM Acquaviva asks about someone building a new road, can they build it as dirt? Mayor Reilly asks if there is anything of Chapter 13 Staff would like to amend? TM Morrell states she will leave that up to Council. Staff provides Chapter 13 to all applicants who inquire about road building. She would not object to removing the Country Lane option. Mayor Reilly states  participation.  Council can continue this discussion at at future meeting. 13.b. Discussion - Personnel Vacancies Exhibit: Agenda Report Number 13.b.  Staff Comments: TMI Morrell states there are currently 2 vacancies in Public' Works and 1i in Town Hall. She is not intending to fill the Town Hall position and would like to see those funds moved to Streets and Roads to provide more leadership. It is difficult to find someone who has road grading experience. She feels it would be an operational improvement to bring leadership into that department. CM Scardino states he would support that. CM Acquaviva asks if we used the labor finders service? TM Morrell states no, they had an expensive buyout clause. There are currently 49 applications, but none are right for the spot. Mayor Reilly asks if the Charter Offices can act without an executive assistant? TM Morrell states it was advantageous to have the Discussion: CM Scardino suggests increasing thet funding for staff in Streets and Roads. CM' Vail states it sounds like we need someone diverse who can provide an asset in Public Works. Mayor Reilly suggests a reorganization int the Public' Works Department. Consensus is reached tor not fill the executive assistant position, and seek a reorganization of the Public' Works Department.  position filled, but feels the funds would be better spent elsewhere.  VOTE: All Ayes. Motion Carries 5-0.    13.c. Discussion - Beautification Trust Fund Exhibit: Agenda Report Number 13.b.  Discussion: CM Scardino states we are collecting funds for tree removal. How would Council like tos spend these funds? Should we ask the Boards and Committees? CM Acquavivia asks if we must replace the cut trees? TMI Morrell states no, wej just collect thei funds. CM' Vail suggests oak trees in the park. CM Scardino suggests some native flowers. Mayor Reilly suggests including a fountain in the pond at the park. He suggests Council bring new ideas to future meetings. CM Acquaviva suggests including flowers around the benches. Staff to bring the request to both the Parks and Recreation Board and Trails and Greenways Committee at future meetings.  13.d. Discussion - LUCAS Device Information Exhibit: Agenda Report Number 13.b.  Staff Comments: TMI Morrell states Chief Angelone provided a written agendai item ont the LUCAS Device. Chief went over his presentation and asked if Council had any additional questions. Discussion: CM Vail states it basically frees up a set of hands. Chief states the key is providing uninterrupted compressions. It generally takes about 7 seconds to set upt the system on a patient. CMI Hofmeister asks how muchi they cost? Chief states they start at about $20k. He believes there were 70 cardiac-related calls in the last year. CM Hofmeister asks who else is using this? Chief states thatj just about all departments have one or are working to acquire one. CM Acquaviva asks  who would bet trained in this? Chief states everyone. 14. PUBLIC COMMENTS: General Items (Speaker Card Required) 15. REPORTS - MAYOR AND COUNCIL MEMBERS  CM Acquaviva: She is excited for the next two years, and will miss Mayor Reilly and  CM' Vail, and thanked them for their service to the Town.  CM' Vail: None. CM Clevenger: None. CM Scardino: None.  CM Hofmeister: Awesome job on the paving, as she has received al lot of positive feedback. She also provided additional positive feedback on FallFest. Mayor Reilly: Thanked TM Morrell for the roadwork. Vacancies on the Trails and Greenways Committee. 17. ADJOURNMENT: There being no further business to discuss/ând meeting was adjourned at 9:13P.M.  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)  objection, the  BY:  David Scardino, Councilvice-Chair  E  ATTEST: LlualL Richard' W. Kohler Town Clerk  Date. Approved:  11/25/2024