MALABAR TOWN COUNCIL REGULAR MEETING MINUTES December 2nd, 2024, 7:30 PM This meeting oft 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 Kikla 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 STEVE RIVET DAVID SCARDINO MARISA ACQUAVIVA JULANE KIKLA JIM CLEVENGER MARY HOFMEISTER KARL BOHNE LISA MORRELL MAKAYLA AUSTIN RICHARD KOHLER Also in attendance is Fire Chief Ron Angelone. NOMINATE CHAIR AND VICE-CHIAR Exhibit: Agenda Report Number 3 MOTION: CM Scardinol CM Acquaviva move to appoint Mayor Rivet as the Council Chair. VOTE: All Ayes (5-0) Vice-Chair Scardino passes the gavel to Council Chair Mayor Rivet. MOTION: CM Acquaviva/CM Clevenger move to appoint CM Scardino as Vice-Chair of APPROVAL OF AGENDA - ADDITIONSIDELETIONS/CHANGES: Treasurer Austin requests to Council. VOTE: All Ayes (5-0) 4. 5. add item 9.c. Treasurer Report. All Ayes (5-0) 5.a. Approve Minutes of 11/25/2024 RTCM Exhibit: Agenda Report Number 5.a. CONSENT AGENDA: MOTION: CM Scardino/CM Acquaviva to approve Consent Agenda as presented. Discussion: Clerk Kohler states he made at few minor corrections from the original posted minutes. VOTE: All Ayes Motion Carries 5-0. 6. 7. 8. ATTORNEY REPORT: Attorney Bohne states he has no report. BCSO REPORT: None. BOARD/COMMITTEE REPORTS: 8.a. Trails and Greenways Committee Exhibit: Agenda Report Number 8.a. Staff Comments: Clerk Kohler states at the November 19th T&GC Meeting, the Committee selected Drew Thompson and Murray Hann to remain as Chair and Vice Chair. They also discussed kiosk, firebreak and trail conditions, MSS Restoration observations and concerns, the Cameron Preserve, the Eagles Nest Trailhead, possible inclusions of the iNaturalist app in our signs and kiosks, potential uses of the Beautification Trust Fund, and scheduled a field event where committee members and staff removed invasive plants and dead palm fronds from the Sandhill Trailhead on November 22nd. 8.b. Parks and Recreation Board Exhibit: Agenda Report Number 8.b. Staff Comments: Clerk Kohler states that at their November 20th meeting, the Board selected members Linsdey Wilson and Jennifer Bienvenu to serve as Chair and Vice-Chair. Board Members also had a post event discussion about this year's FallFest and began discussing possible uses fort thel Beautification Trust Fund. 8.c. Planning and Zoning Board Exhibit: Agenda Report Number 8.c. Staff Comments: Clerk Kohler states that at their November 13th meeting, the Board selected Doug Dial and Liz Ritter to remain as Chair and Vice-Chair. They also discussed possible amendments to Section 1-5.15 - Parking, Storage or Use of Major Recreational Equipment, as directed by Council during the October 7th RTCM. The Board agrees that the fee should be increased and suggests including portions of the Lake County Code into the Town's policy, particularly the length of the agreement, the fee amount, and the ability for the Town to recoup any finances expended by removing a noncompliant trailer or recreational vehicle. Staffisworking to have a draft ordinance prepared for review at the upcoming December 11th meeting. 9. STAFF REPORTS 9.a. Manager Exhibit: None TM Morrell began by stating that she hopes everyone had a good holiday. The Fire Department has a septic tank issue, she is working to resolve it with a contractor and the PW Department. She will bring a final bill to Council for1 final approval. CM Scardino asks ift there is a cause fort the issue. TM states the contractor has snaked all of the pipes, and has found it simply isn't draining. She also spoke with FEMA about the Debris Cleanup from Hurricane Milton. Our expenses did not meet the minimum threshold for reimbursement. The debris reimbursement will cover 75% of the costs, and the Town will owe the rest. 9.b. Clerk Lighting. 9.c. Treasurer Exhibit: None Exhibit: Agenda Report Number 8.b. Clerk Kohler thanked Council and Staff for the successful and well attended Christmas Tree Treasurer Austin states she has 2 items to report on this evening. During the TRIM review, they noticed a minor error and provided the recommendation. They accepted the TRIM submission and state it will be okay ifiti is not a repeat mistake. This was also the first year using the OASYS system, and we: are hoping for a smoother process next year. She states we also received notice from FPL that they will be increasing their rate by 6% for the 2025 billing to recoup the costs expended during Hurricane Milton. 10. 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. 11. PUBLIC HEARINGS: 0 12. UNFINISHED BUSINESSIGENERAL ORDERS MAY INCLUDE ITEMS DIRECTLY RELATED1 TO TOWN APPOINTED BOARDS/COMMITES: 0 13. ACTION ITEMS: ORDINANCES FOR FIRST READING: 0 Exhibit: Agenda Report Number 13.a. RESOLUTIONS: 0 MISCELLANEOUS: 5 13.a. Obligating ARPAISLFRF for Water Tender Firefighting Apparatus Contract Staff Comments: TM Morrell states this item is as presented at the November 25h RTCM. MOTION: CM Scardino/CM Hofmeister to approve obligation of State Local Fiscal Recovery Fund for a new public safety apparatus, Freightliner M2 Tanker/Pumper, for fire services to be delivered in future fiscal year 25/26 in the amount of $386,672, as revenue Discussion: Attorney Bohne requests the Motion be read as included in the agenda. replacement. VOTE:AII Ayes (5-0) 13.b. Obligating ARPAISLFRF for Water Service Expansion Project between the City of Staff Comments: TMI Morrell states this item has been reviewed by Attorney Bohne. This item is the culmination of the water expansion project we are pursuing with Palm Bay. The agreement has been amended toi include Florida State Statute language on mediation and conflict resolution. We arel happy to contribute tot this project, as Palm Bay is making al loop down Malabar Road and north up US 1. Attorney Bohne states he was sure to include that there are no mandatory MOTION: CM Scardino/CM. Acquaviva to approve obligation of State Local Fiscal Recovery Fund for the expansion of public water expansion within the Town of Malabar by the utility provider, City of Palm Bay, and authorize the Mayor to execute the Interlocal Agreement. Discussion: CM Scardino asks what the time frame is? TM states likely 2 years, with the final 13.c. 2025 RTCM and Holiday Schedule for Non-Contract Employees (Fire Department Staff Comments: Clerk Kohler this item includes the holiday schedule from December 31st, 2024, to January 1s1, 2026, as described int the Town of Malabar's Employee Handbook, as well as the 2025 RTCM schedule. The holiday schedule for the Fire Department is set by their Collective Bargaining Agreement. Staff has notedi that President's Day, Monday February 17hhisr noti included int the Employee Handbook as an approved holiday. Council has historically canceled the second RTCM of February as it falls on this holiday. If Council wishes, Presidents Day may be added as MOTION: CM Acquaviva/CM Scardino to approve the 2024/2025 Town of Malabar Holiday Palm Bay and the Town of Malabar Exhibit: Agenda Report Number 13.b. connections, unless required by State Code. payment due by December 31, 2026. VOTE: All Ayes(5-0) Contracted) Exhibit: Agenda Report Number 13.c. an observed holiday for all employees. & RTCM Schedule, as presented. Discussion: TM Morrell states Town Hall will stay open if Council cancels the second February meeting but does not amend the holiday schedule. Mayor Rivet states this schedule can be amended by Council at any time. CM Clevenger states he supports passing the schedule as presented in the handbook. VOTE: All Ayes (5-0) 13.d. Eschenberg Park Use Agreement Exhibit: Agenda Report Number 13.d. Staff Comments: Clerk Kohler states that this item was initially heard at the November 25thRTCM. Council requested Staff gather additional information from Mr. Johnson. Additional information requested by staff and provided by Mr. Johnson is that he plans on using the property to transfer cattle about every 81 weeks, he currently has 151 head of cattle, but may expand to 30, he will move the cattle from gate to gate using a temporary electric fence, and requests the ability to mow a path for the cattle, and he stated he would be happy to provide notice to Staff prior to use of the MOTION: CM Acquaviva/CM Scardino to approve the agreement for temporary use of Discussion: CM Acquaviva reiterates that it will be once every other month. She asks if this will affect the residents in any way? Clerk states he does not feel it will have a negative effect on residents. CM Scardino asks if they will be removing any trees? Staff states no. CM Scardino asks if he is moving any bulls. TM Morrell asks if Council wishes to restrict the number of Bulls. 13.e. SCTPO Letter of Support for a Federal-State Partnership Grant through the Federal Railroad Administration for the final design and construction of the Cocoa Passenger Staff Comments: Clerk Kohler states that the Space Coast Transportation Planning Organization isr requesting a letter of support from the Town of Malabar regarding the Cocoa Multi-Modal Passenger Station and Rail Project. A similar letter of support for this project was signed in May of 2024, however the project was not awarded that grant. This letter is in support of a Federal- State Partnership Grant through the Federal Railroad Administration for the final design and MOTION: CM Acquaviva/CM Hofmeister to approve the SCTPO Letter of Support for a Federal-State Partnership Grant through the Federal Railroad Administration for the final Discussion: Mayor Rivet asks if this is the same letter as we sent ai few months ago? Staff states property. Eschenberg Park CM Acquaviva states ifit becomes a problem we can stop it at any time. VOTE: All Ayes (5-0) Station & Rail project Exhibit: Agenda Report Number 13.e. construction of the Cocoa Passenger Station and Rail Project. design and construction of the Cocoa Passenger Station & Rail project. yes. VOTE: All Ayes (5-0) 14. DISCUSSIONPOSSIBLE ACTION: 14.a. Discussion - Town Hall Facility = CM Acquaviva & CM Hofmeister Exhibit: Agenda Report Number 14.a. Discussion: CM Acquaviva states she feels like we have discussed this several times, but nothing concrete has been set in motion. She feels just as we improved our roads, we should set a schedule and outline for what we want. CM Scardino asks if wel have done any cost analysis. CM Acquaviva suggests setting the goal of having a site plan in a year and set workshops for discussion. CM Hofmeister states former Mayor Reilly did a few renderings of where the facility could go. She supports it being located atl Malabar Community Park, asi ity will bring more residents to meetings, and remove Town Hall from a railroad disaster zone. She would support moving Town Hall to MCP to improve safety and accessibility. She reiterates that members of our FD went to a webinar on how dangerous train derailments can be. CM Acquaviva agrees with all these points and wants to take the next steps. Shei feels the public wants to seei this improvement. She would like to see a timeline for potential actions. CM Clevenger suggests scheduling a workshop. CM Scardino suggests a professional site plan. Mayor Rivet states that the outline from Mayor Reilly can be a beginning point. CM Clevenger suggests requesting a site plan. CM Kikla suggests asking for an estimate. TM states we have 3 engineers on continuing service contracts. EDC, Kimberly Horn and Singhofen are all currently under contract. Shewould suggest getting the design done and bidding the project out for construction. CM Scardino asks what an estimate would be? TM Morrell states estimating a 51 thousand square foot building, she would estimate under 100K$ for site plan and design, and 15-20K for just a site plan. CM Scardino asks for a preliminary site plan and would like to have a not to exceed number. TM Morrell states she willi investigate this process and have additional information int the new year. She was ablet to find several past versions of site plans for Town Halls. She will investigate these further and provide CM Kikla moves to table this item. CM Acquaviva states she would prefer to provide direction to staff towards a preliminary site plan. CM Scardino states he supports this. Consensus is reached them to Council if they are pertinent. to direct Staff toi investigate engineered costs for a preliminary site plan. 15. PUBLIC COMMENTS: General Items (Speaker Card Required) 16. REPORTS - MAYOR AND COUNCIL MEMBERS CM Acquaviva: Thanked Staff for the fun and well attended Tree Lighting ceremony. CM Scardino: States hei feels the Town should document the size of the mulch operation. TM Morrell states she understands the request, but we cannot enter the CM Hofmeister: Requested additional information on the mulch fire. TM states it was a small fire at the mulching operation. It has been contained, and the contractor staff is monitoring it. CM Hofmeister asks how it started? TM states undetermined at this time, but spontaneous combustion is a possibility. The contractor is obligated to report the issue to DEP. She has expressed these concerns to DEP and is awaiting response. CM Kikla asks if past Council allowed this activity? TM states no, the state preempts our control of that. CM Scardino asks Chief Angelone if this is an issue fori the surrounding homes? Chief states yes, he would be concerned with the large housing development to the west, and it will burn for a long time. It can also spread the fire with winds. CM Hofmeister asks if there are breathing concerns with neighbors? Chief states that itis possible that it could be an issue. Hei then provided additional information on the Right to Farm Act that governs how we can address it. CM Acquaviva asks what the Town can do? TM states she has sent several letters and requests to the FDEP and is awaiting a response from them. CM Scardino asks if Staff has reviewed the permit? TM states we have reviewed it, but there is nothing we can enforce on the permit. The State needs to Mayor Rivet: States he would like to continue the lane paving discussion, and requests 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) CM Kikla: None CM Clevenger: None property. All photos must be taken from a public ROW. enforce its own rules and regulations. itl be placed on the next agenda. Vacancies on the Trails and Greenways Committee. 17. ADJOURNMENT: There being noi further business to discuss and without objection, the meeting was adjourned at 8:41 P.M. BY: Mayor Steve Rivet, Council Chair ATTEST: hbpbl Richard W. Kohler Town Clerk Date. Approved: 12/16/2024