TOWN COUNCIL MINUTES
October 1, 2001
This meeting of the Malabar Town Council was held at the Town Hall at 2725 Malabar Road.
ROLL CALL: MAYOR/CHAIR: PHILLIP CREWS
VICE-CHAIR: CHARLENE HORTON COUNCIL MEMBERS: TOM ESCHENBERG
HENRY DEKKER
NANCY TINIO-BORTON
STEVE RIVET
ADMINISTRATOR: WILLIAM HALL
ATTORNEY: KARL W. BOHNE, JR.
CLERK: SUSAN KABANA
Also present were Jim Phelps, Building Official, and Chuck McClelland, Fire Chief.
The meeting was called to order at 7:30pm by the Mayor. The prayer and pledge was led by Cub Scout Pack 520, Den 4. Gloria Perry, Den Mother, thanked council for this opportunity. The Cub Scouts presented gifts of popcorn to the Council and staff.
ADDITIONS AND DELETIONS
None.
CONSENT AGENDA:
Eschenberg – top of page three should be Orange County, not Indian River County.
MOTION: Rivet/Eschenberg to approve as amended. VOTE: All aye.
REPORTS:
ATTORNEY:
Bohne – in the Brook Hollow issue he filed a discovery request to find out what evidence the developers have. He has not heard anything on the motion to abate.
Had certain statistics regarding Melbourne’s Cyberfest and shared those with Council. Melbourne found that since their noise ordinance is decibel based it was not effective because of the base in the music. Melbourne is now considering a frequency-based ordinance.
TOWN COUNCIL MINUTES 10/01/01 Page 2
ADMINISTRATOR:
Hall – by October 12th we will be filing for another FRDAP for the park. It will cover another ball field and playground and will also cover lighting for those areas as well as the tennis and basketball court. This is on tonight’s agenda.
Hall received a letter from the Purden’s on Kramer Lane. Hall explains that we had a service request from Purden’s to fill Kramer Lane and that it had not been done. Hall realized that was true so he put men on the job. The only problem was that in the middle of the job it rained, causing a mess on Kramer Lane. It was so bad that on Saturday night three cars got stuck. They will continue to work on Kramer until it is finished and Hall apologized for the inconvenience.
Hall had a meeting last Friday with all of the residents from Century Oaks to explain what the contractor will be doing to the ditch. Feels a resolution or letter should be sent to Dave Weldon’s office to recognize him for all his efforts, Dekker agreed. Mayor recommends that be done.
We lost a FEMA grant for a tanker truck for the fire department. He feels that a lot of FEMA money will be diverted after the terrorist attack. We still have mutual aid from the County and Palm Bay if we need a tanker truck on a scene.
Horton – when is Kramer to be paved? Hall - in 2003. Eschenberg – couldn’t crushed shell be put on Kramer? Hall – that is a possibility, he notes that the issue with Kramer today is that they are not done working on it. They will continue working on it until it is done.
CLERK:
Candidate qualifying ended on September 21st and this item is on tonight’s agenda.
PUBLIC HEARING:
1. ORDINANCE 01-04, SECOND READING: REVISION OF CANDIDATE QUALIFYING FOR THE 2002 GENERAL ELECTION
Mayor – opens the public hearing.
MOTION: Tinio-Borton/Horton to read by title only. VOTE: All aye.
Mayor read: ORDINANCE 01-04
A ORDINANCE OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, PERTAINING TO THE CANDIDATE QUALIFYING PERIOD FOR THE NOVEMBER 5, 2002 GENERAL ELECTION; PROVING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor – asks for comments from the public, being none he closed the public hearing.
MOTION: Dekker/Tinio-Borton to approve. VOTE: Aye – Tinio-Borton, Horton, Rivet, Eschenberg, Dekker
ACTION ITEMS:
1. BREVARD COUNTY SHERIFF’S OFFICE: CITIZENS ON PATROL PROGRAM
Commander Petty, who is the south precinct commander, addressed Council. He introduces Sargent Ambro. He was not aware that the major topic was going to be the COP program. They will answer what questions they can but it is handled by another section of the police department. After discussion the Commander states that he will have someone from the COP program contact the Town. Council is very interested in this program for Malabar.
Commander Petty then introduces inspector Fishback, who is one the best inspector’s in Brevard County, he covers the south precinct. Mayor – how does Malabar compare to other communities as far as crime rate? Fishback – very well. The recent string of break-ins in Malabar were committed by one person, and they know who she is, as of now she is on the run. Crews – do alarms work? Fishback – yes, the best ones have an audible alarm, that tends to scare the burglars off.
Eschenberg – what about the citizen who said that the State Attorney’s office would not prosecute the case? Fishback – the State Attorney has the position that since the items did not show up for 30 days it would be difficult to take this to court. The reasoning is that after 30 days the items could have come from anywhere, it would be hard to prove in court that she held on to them for 30 days.
Commander Petty – the sheriff’s department needs citizen input to achieve maximum results. He notes that the department will be hit hard with reservist being called to defend our country.
All Council is interested in the COP program. Crews – without objection, he directs Hall to meet with the COP coordinator. Eschenberg – would like to be volunteer coordinator!
Tinio-Borton – what about liability? Bohne – we need to discuss this with the COP department.
2. MALABAR MO’S REQUEST FOR SPECIAL PERMIT
Willie Carmine, owner of Malabar Mo’s – had several patrons ask about a benefit for the Red Cross to support the victims of the September 11th terrorist attack. He was thinking of doing this on November 3rd and 4th but he would need the area that is permitted for drinking of alcohol expanded to the outside of his building for the benefit. Carmine is working hard to change the reputation of Malabar Mo’s for the better. He invites the Council to stop by.
Eschenberg – is for this, feels that this is the chance Carmine is looking for, but he cautions that if Carmine blows this opportunity he will probably be deeper in the hole than he is now.
Rivet is for this, Tinio-Borton is for this, and Horton is for this but after discussion it is determined that there is no provision in out code to allow the Council to grant this request. Crews – is concerned about liability.
It is finally determined that what is needed is an ordinance permitting such an event at Malabar Community Park. If Carmine is interested in moving his event to the Park and holding it on November 10th and 11th, Council will consider such an ordinance at the next two Council meetings. Carmine is interested but concerned that if the ordinance does not pass he will be out in the cold.
First reading will be on October 15th, second reading and public hearing will be held on November 2nd.
3. COUNCIL TO JUDGE THE QUALIFICATION OF CANDIDATES FOR NOVEMBER ELECTION
MOTION: Dekker/Rivet to approve. VOTE: All aye.
4. RESOLUTION 15-01: FRDAP GRANT APPLICATION
MOTION: Dekker/Rivet to read by title only. VOTE: All aye.
Mayor read: RESOLUTION 15 - 01
A RESOLUTION OF THE TOWN OF MALABAR, BREVARD COUNTY, FLORIDA, CONTINUING THE DEVELOPMENT OF THE MALABAR COMMUNITY PARK BY ADDING PHASE III CONSTRUCTION TO THE CURRENT FIVE YEAR PLAN OF THE CAPITAL IMPROVEMENT SCHEDULE NOW BEING UPDATED BY COUNCIL; PROVIDING SUPPORT FOR OUR GRANT APPLICATION TO THE FLORIDA RECREATIONAL DEVELOPMENT ASSISTANCE PROGRAM TO COMPLETE THE FINAL PHASE OF THIS PROJECT; PROVIDING FOR THE ALLOCATION OF CONTRIBUTING FUNDS FROM MALABAR IN FISCAL BUDGET 2002-2003; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
MOTION: Dekker/Horton to approve.
Rivet – there is write-in editing, do we consider this? Kabana – yes. Eschenberg – in Section 3, is opposed to committing funds in advance.
MOTION: Dekker calls for the question. Mayor passes without objection.
VOTE ON MAIN MOTION: Aye – Horton, Tinio-Borton, Eschenberg, Dekker, Rivet.
5. AUTHORIZATION FOR SALE OF BLUE PICK-UP TRUCK
MOTION: Dekker/Tinio-Borton to approve. VOTE: All aye.
6. RECOMMENDATION FOR PLANNING AND ZONING APPOINTING KATHY CLASEN AS A REGULAR MEMBER OF THE P&Z BOARD
MOTION: Dekker/Rivet to approve. VOTE: All aye.
PUBLIC COMMENTS:
Yovone Rasor, 3165 Kramer Lane – feels the roads have been a problem for eight years. All her new cars have rattles. Is frustrated and angry about this situation.
Rene Purden, Kramer Lane – reads a letter to Council, her road becomes impassable when it rains. Does not feel emergency vehicles can get through if necessary.
Eschenberg – feels Council should have feedback from residents on Kramer Lane at the next Council meeting. Council invites them back in two weeks.
REPORTS: MAYOR, COUNCIL:
Dekker – nothing at this time.
Rivet – received a letter of concern form a citizen regarding Valkaria Airport, is there anything we can do? Hall – he can get Rivet on the board that covers the airport. Rivet – that is a good idea, sign him up.
Eschenberg – asks Rivet is he realizes that he may be soon working with four women on the board. Rivet – welcomes whoever wins the seats.
Tinio-Borton – nothing at this time.
Horton – nothing at this time.
Mayor adjourns the meeting at 10:00 p.m.
BY:
Mayor Phillip R. Crews, Chair
ATTEST:
Susan Kabana, CMC
Town Clerk/Treasurer
DATE: