August 7, 2017 The Url for the official posting of the agenda for this meting is:

The meeting will begin with the review of the minutes of previous meetings and workshops which remain in neet of approval.

This will be followed by reports and presentations by the Town Attorney, and Advisory Board Chairmen and then the Town Clerk, Town Administrator, and Fire Chief.

After these reports there will be time available for comments from citizens so long as such comments do not relate to items to follow on the agenda.  If a citizen wishes to address an agenda item, he/she may do so at the time that subject is on the floor.

We will discuss and act upon  resolutions providing for codes of conduct for Council and Advisory Board members and penalties for violations thereof.

The Council  will discuss and act upon an ordinance providing a moratorium on the establishing of marijuana dispensaries in Malabar

We will respond to a recent action by the State Legislature restricting our regulation of communication infrastructure equipment within the right-of-way along Malabar roads.

The council will develop and support a concept for the widening of SR 514 (Malabar Rd.)  The FDOT will be informed of this concept.

The Council will act on the acquisition of an additional 416 feet of Corey Road to the north of the present road accepted by the Town.

There are 2 upcoming Public hearings   Aug 14, 7:30 pm  Stormwater fee increase

                 and a request of P&Z  for advertisement re: FLUM







I apologize for failing to pose the last few meetings between April 10 and August 6

April 3, 2017  The URL for the official posting of the Agenda for this meeting is

 We will develop a resolution pertaining to a request from the Florida Transportation Planning Org's request that we recommend a concept for the widening of SR514, Malabar Rd.


March 20, 2017  The URL for the official posting of the Agenda for this meeting is


We will receive a report from our Town Attorney, Karl Bohne and a special report from a labor attorney firm  The special report from the Labor attorney  infomed us of the laws and proceedures to be inforce in the event a group of employees want to hold a unionization vote.   It seems there is a belief among our  paid Lts. saying they would be guaranteed  employment elsewhere in the event the Malabar Fire Dept were to disolve. This is not so according to the lawyer.  Let me explain, while the Malabar Fire Dept is a primarily volunteer dept  we do have a few paid persons.  The Chief is paid as are 4 full-time lieutenants  and 4 part time Lt's.  Only the Full time Lts would be eligible for  unionization.  This does not seem like much but Where will it stop?    I  believe this action is spurred by rumors the MFD will disband and the County fire dept will take over.  I cannot see the people of Malabar letting this happen because at current conditions, the cost of suck a decision would greatly impact the property owners of Malabar.  In addition to what is already in out budget for the Fire Dept  there would be an additional special fire assessment on each property.  Estimated I have heard would set this at somewhere around additional $500.00 per year on the average Malabar property tax assessment.  Our Town Administrator  has been directed to come up with hard facts in this matter not only concerning cost but response times.
The Town Administrator will brief us on the Indian River Lagoon Drainage Improvement Plan  The plan is moving forward wth design and the seeking of funding. This project with be a cooperative effort including FIT and others and will be entirely fuded from outside sources.  Nio Malabar fundsare tobe spent on this
The Town Clerk will present a status report concerning the redistricting of the Town (For Council Member representation.  This is  periodically necessary to maintain uniformity in size among the 5 districts  There about 37 more homes here than when this was last configured.  The information and statistics have been forwarded to an organization  who specializes in this.  We should have their report shortly and finalize eaxch voting  district.  While Malabar will then be divided into 5 separate precints, all voting will continue to  take place at the Baptist Cgurch on Malabar Road
The fire chief will present his report   No report

There will be a period in which citizens may have 3 minutes to address the Council on matters not on the agenda

We will look at reconsideration of a proposed interlocal agreement with the Brevard property appraisers office to use a third party firm to assure that tax exemptions such as homestead exemption are allotted properly and to ferret out any who receive such exemptions unlawfully.  They would be paid from the additional proceeds received as result of their findings.  We approved this agreement which will be at no cost to Malabar.  If Tax fraud is uncoverd through this we wll benefix with extra Tax uncome
We will adopt a resolution addressing our concern  with the speed limit on Malabar Road (SR514) and othr concerns we might have with the FDOT projections for this road  We delayed action on this pending a visit from FDOT personnel at our next meeting and a revision to the code designating SR514 as C2T rural highway and the implications of such
We will vote on approval of a one year lnterlocal agreement with the county for Storm Water administration  Done
We will consider resolutions concerning bills now before our State Legislature concerning the limiting of the authority of local governments to govern their  towns and cities  We approved all submitted resolutions which opposed removing  regulational authority from towns and cities and giving such to the State
We will work to develop a good resolution  to develop a policy dealing with the various Social Media sites with particular attention to their use by local officials elected and appointed officials who are subject to the Florida Government in the Sunshine laws.  We cannot prohibit anyone, including elected officials fron their 2nd ammendment rights to free expression.  However we did concur that we should be diligent in not violate Florida's open government laws  commonly referred to at Sunshine laws.
We will seek clarification of the relationship between Boy Scout Troop 37 and the Town of Malabar  All agreed that Troop 37 is good for Malabar and should maintain a relationship here even though they meet outside Malabar (At the Valkaria airport)
We will work to clarify out compliance with the Florida Public Records laws  to avoid its abuse and/or misuse by either the Town or the requestor.  Florida laws requires that the Town must comply with and respond in a timely manner to any request for items of  Public Record.  Simple requests which take 15 minutes or less to comply will be done without charge.  More involved requests taking in excess of 15minutes to fulfill  will be charged for at the set state rate.  A deposit equal to 50% of the estimated charge will be required before work begins on fulfilling the request

There will be another period for comments by the citizens and then final comments by council members and the Mayor




March 6, 2017The URL for the official posting of the Agenda for this meeting is

There will be no Public Hearing in conjunction with this meeting

We will review and approve the minutes from the regular meeting on Feb 6 as well as 2 workshops held  Jan 30 and Feb 27.  A representative of the Brevard County Sheriff Office will give a report on recent activity in Malabar.

We will receive a report from our representative to the Space Coast Transportation Planning Organization,-- Donald Krieger  A good report that reflects his understanding of the problem.  Included in the report is the statement that 514 is a rural highway and recommend 45 MPH maximum speed.  This is what we are asking for but the FDOT so far has only agreed to lower it to 50mph

The Town Attorney will report on and discuss his research into the use of Social Media sites by elected or appointed Town Officials.  Particular emphasis will focus on compliance with the Florida Government in the Sunshine laws, and fairness and civility among such officials.  He strongly recommends discretion in the use of social media sites in Florida.  The laws here strictly forbid any two members of the same public  chamber (Council, Commission, Board or committee) from discussing anything that is the business of that chamber and might be voted upon in the future unless such discussion is in the context of an official meeting of that chamber.  This is intended to avoid the appearance (or reality) of "Smoke-filled-room decisions affecting the official public domain.  While this may seem  burdensome and a hindrance to getting things done,  It really is a good deterrent to "deals" and somewhat a guarantee of transparency.  That is why I stated in my posting about my website that anyone may respond to me in an email except a sitting member of the same body as I. (Currently the Malabar Town Council)  

We will receive reports from the Town Administrator, Town Clerk, Fire Chief and the various Advisory Boards and committees  The Fire Chief tells us the average response time in Malabar is now down to 5 minutes  and that training of firefighters is greatly increased.  The Town Administrator reported on his efforts to get the ball rolling on the FDOT  SR514 project.  The clerk reported that she is being heavily burdened with complicated public records requests from a select few individuals.  State law is quite strict on this and response is a priority.  That is why the agenda packet for this meeting was late in getting to the Council members for their study and preparation for the meeting.  The Trails and Greenways Board Chm  Drew Thompson,  presented a power point presentation of the work on the shelter in the middle of the Trail system north of Malabar Road.  He thanked the many volunteers who have been helping with this project -  particularly mr Brian Vail.

We will be asked to approve two proclamations  (1) declaring  March as Italian American Heritage Month  and (2) declaring April as Water Conservation Month.  Done

We will vote on approval of a one-year extension to the inter-local agreement with Brevard County Dept of Natural Resources Storm water Management Program  Done

We will vote  to voice our opinion of HB 17/SB1158  and HB487/SB330.   These bills are currently being considered by the State legislature.  If  enacted they would take away from any town or city in Florida the authority to regulate any business within their bounds and give this authority to the State of Florida.  In essence, Malabar would have no say in who does what business in Town and how and will not have the authority of business licensing (BTR).  We approved a resolution opposing this pending legislation

In lieu of the current situation, we will vote on whether or not to have a Springfest celebration this year.  We will also consider the possibility of a Fall fest event  We voted to cancel any Springfest celebration this year and suggested we use a future meeting to consider the Town putting on a similar event in the Fall.  We had hoped the Springfest would be presented by the recently formed Malabar Community Association.  This Association was incorporated as a non profit private enterprise that was unencumbered by the Sunshine law provisions.  They were to contract with the Town to present this event.  However,  They were unable or unwilling to meet the criteria placed on them by the Town.  I think this was all done too quickly and that in tome all will come to work together for the good and enjoyment of Malabar people

We will vote on adoption of the 65 foot south portion of Quarterman Lane  as well as vote on approval of signs for the Route one Motorsports business currently under construction on the west side of US1 just north of Malabar Road.  Done

We will discuss the Newspaper article and the letter highlighted in it from our Town Administrator to the Florida State Department of Transportation. This deals with the proposed design of improvements to Malabar Road and the restriction of Speed limits within the Town.

We will also discuss the TA's letter to Governor Scott about this. These two items were discussed thoroughly and favorably by  a  majority of the Council

The Mayor deleted the discussion about our participation in the St Patrick's day parade  saying we are not prepared to participate.



February 27, 2017  We will have a workshop to discuss and fine tune the "Future Land Use Plan" for Malabar.  We will look at the recommendations from the Planning and Zoning Advisory Board.  The recommendations from this workshop will then be forwarded to the Town Council for consideration of this as Ordinance at a regular Council business meeting.  We had a good discussion and clarified some of the points with particular attention to the R/LC projections.  It was emphasized that this is not a change in zoning but a FUTURE LAND USE PLAN  upon which future zoning should be based.   We plan another workshop for March 27.

February 6, 2017The URL for the official posting of the Agenda for this meeting is

We will consider canceling the February 20, 2017 Council Meeting.  This day is a Federal Holiday (President's Day)  We agreed to cancel the meeting

We will consider changing the Town Employee's Manual concerning Lunch Time.   Currently the employees eat lunch while working.  This change would allow an off work  30 minute period during which the Town Hall would be closed.  This would extend the afternoon closing time to 5:OO pm  Council voted 3:2 to accept this change and asked that it go in effect April 1.  The TA is to publicize this change in an attempt to not inconvenience anyone.  (For the record;  I was one of those who voted against this change  While I agree the employees should have their own lunch time, I am uncomfortable with closing the town Hall for even 30 minutes during a business day)

Will We participate in the St Patrick's Day parade?  We postponed answering this until our next meeting

We are asked to enter an inter local Agreement with the Brevard Tax Appraisers Office to hire a third party firm to investigate Homestead Exemption claims to determine and fraudulent or unqualified claims.  A majority of the Council opposed this as a sign of growing government intervention into our lives.  We denied the motion

We will act  to approve the proposed contract with the Malabar Community Association to put on events such as Springfest  We approved this in spite of the opposition to some provisions by Council member Mahoney and a member of the MCA.  I did not fully understand their  concerns except for the requirement the event have full Liability Insurance.  



January 23, 2017The URL for the official posting of the Agenda for this meeting is



January 23, 2017The URL for the official posting of the Agenda for this meeting is

A Public Hearing is scheduled concerning the proposed moratorium on the issuance of licenses for the sale of Medical Marijuana in Malabar.  This will be followed by a vote of the Council to establish such  action.  It was asked if this was in conflict with State law.  No,  This action merely give the Planning and Zoning Board time to research the subject and make recommendations to the Town Council for requirements and zoning in this matter.  The motion was approved

We are to receive a report from the Events Committee on the plans for the 2017 Springfest.  The committee reported that they were in the process of forming a not for profit corporation (Malabar Community Association -MCA) for the purpose of planning and enacting this event without the restrictions the Florida Sunshine law imposes upon elected and appointed municipal officials,  The MCA would be hired by the town to put on the event.  In this case the town would issue  the permit for the event,  rent the park to the MCA and, if necessary, advance funds to the MCA for the purpose of preparation for the event.  A reconciliation of finances will follow as soon after the event as possible.  There was also discussion concerning the propriety of a sitting Council member (Laura Mahoney0  serving on the Events Committee.  According to the Town Attorney, this is not permissible.

We will discuss the advisability of pursuing  possible purchase of the property immediately west of the Town Hall (Commonly referred to the "Billie Property")  After much discussion about the merits and demerits of such a purchase it was determined there was insufficient interest among Council members to pursue this matter.

We will discuss having a workshop to discuss the definition of the R/LC Zoning.  Such a workshop is scheduled for next Monday  Jan 30

 We will discuss the possible divestment of surplus park property,  particularly Huggins Park.  The TA tells us he has a person who has expressed interest in purchasing  this property.  However,  we may have to give it back to the County if we stop using it for the Town.  The TA will research this and report back to Council

It can to the attention of the Council that the contract with the new Fire Chief may not be valid.  State Law says the most and town employee can receive as severance pay is the equivalent of 20 weeks salary.   The Town Attorney will research this and its implications and report back to us



January 9, 2017The URL for the official posting of the Agenda for this meeting is

We will receive a report from the Town Administrator on the Atz Road area stormwater drainage project.  It was reported that this is progressing  with the guidance of the Town Engineer.  Application has been made for grant monies to offset the cost of the Stormwater control and the TA has spoken with Sen Nelson to ask for federal assistance.

We will act upon a resolution declaring  a moratorium on the issuance of occupational licenses for the sale of Medical Marijuana pending guidance from the State.  Approved

We will consider a resolution supporting the proposed contract for our new Fire Chief.  The proposed contract was approved.  We approved a three year contract with an initial salary of $41,814.40 annually.  The contract may be dissolved or modified at any time with the concurrence of the parties.  In the event of a dissolution of the Malabar Fire Dept. during this time, this Chief shall be awarded a severance pay totaling $50,000.  This is to encourage stability in the Dept and protect the Chief's earning power now that he has committed to our Fire Dept.

We will hear the recommendations of the Parks and Recreation Advisory board concerning a memorial dedicated to the Late Mayor Carl Beatty.  It was decided to name the Public Works complex after Mr Beatty.  In addition to his service on the Council and twice as Mayor,  Mr Beatty was a long time Public Works employee and director

We will look at the condition of the Soccer Field at the Community Park and set parameters for volunteers to work on the repairs to the field.  This will be a continuing discussion and will focus on what can be done and what licensing  requirements are in place for use of chemical applications to the field


December 5, 2016 The URL for the official posting of the Agenda for this meeting is

 We will hold a Public Hearing and consider Council action on an ordinance for the establishment of an Events Committee  This committee is an expansion of the Springfest Committee and will be active throughout the year. It's responsibility will be to plan for any town-wide activities such as Springfest and the Christmas Tree lighting and to develop plans for any additional such activities.  We began discussing such a committee soon after the Springfest 2016We will continue to "fine tune" this proposal while at the same time encouraging the volunteers involved to proceed with the plans for Springfest 2017.  A primary concern is whether or not this group falls under the requirements and restrictions of  the Florida Sunshine Law.  Until advised differently by the Town Attorney, they should conduct themselves  in accordance with this law.

We will vote to move Mr Doug Dial from an alternate seat on the P & Z board to  regular membership.  This we did

We will vote on the dates for the next few Council meetings.  The second meeting in December is cancelled.  Both meetings in January will be delayed one week  (Jan 9 & Jan 23)

 We wil begin discussion on town Culvert requirements under driveways and other accesed to property
This is in conjunction with our plans for stormwater management and will be part of a continuing discussion
November 21, 2016The URL for the official posting of the Agenda for this meeting is

There will be a public Hearing and council vote of the plan to simplify the route of West Railroad Ave north of Malabar Rd and to vacate an unusable 15ft right of way of Johnson Ave from its terminus as a viable road on to the east  This was passed and will result in clearing up the  line of W RR Ave and will join two parcels of land owned by Robert Marks into one for purposes of his business.  This will result in a noticeable increase in advalorem tax receipts to the Town.

The Town Attorney will instruct us on the provisions of the Sunshine Law and  offer advise on avoiding potential violations there of.


We will organize the Council for the coming year

Pat Reilly was chosen Chairman                                                                        Steve Rivet was chosen Vice Chairman                                                      Dick Korn was chosen as delegate to the League of Cities                           Don Kreiger was chosen representative on the Transportation Planning Org  Richard Kohler was chosen to review bills prior to payment                      Grant Ball was chosen as a Check signer for the Council

We will discuss the Soccer field and its condition  It was pointed out this field has suffered greatly from neglect.  We have contracted with Massey to care for it and are not happy with the results.  We instructed Staff to search for a different contractor.  We asked the Town Administrator to research economical ways to improve the field and to coordinate with the Soccer team do do so at their convenience.  This discussion will continue in future meetings

Phil Crews was thanked by all present for his service to the town.  He has been an elected council member and an elected Mayor.  He has twice come in to fill the unexpired term of Mayors who died in office.  He had truly been an asset to the Town




November 7, 2016The URL for the official posting of the Agenda for this meeting is

There is very little on the agenda due to tomorrow being  the election

We plan to discuss the possibility of a joint project with EELS for a Town Hall/Education center to be built on the EELS land immediately east of the Community Park.  This was discussed several years ago with no results.  Current EELS officials have the feeling we are not interested.  This is not so.  We are very interested.  Possibilities for such a building range from being the  TOWN HALL,  EELS EDUCATION CENTER,  RECREATION CENTER, HURRICANE SHELTER, ETC.  EELS has a significant amount of funding available for such a project and there is a good possibility other grants and funding sources are available.  We will continue this discussion with EELS.


October 17, 2016 The URL for the official posting of the Agenda for this meeting is

Fire Chief Christopher Robinson resigned to become fire chief at an automotive test facility.  Lt Leonard Thommassen is appointed as interim Chief and will be considered for the full position in the coming months

The expiring terms of many Advisory Board members were renewed

We voted to vacate some Town Right of Way on West Rail Road Ave and on Johnson Ave.  The end result is to clarify the actual route of W RR Ave and to eliminate a 15ft wide ROW  currently dividing the property of a local business

I again brought up the subject of a memorial honoring the late Carl Beatty who twice served as mayor, was on Council from Dist 1  and was a long time director of Public Works.  This was referred to Parks and Recreation for recommendations


October 3, 2016 The URL for the official posting of the Agenda for this meeting is

Churches We passed the second and final reading for the ordinance eliminating conditional use permits for churches in residential areas

Indian River launch site The cost for the survey of the area under consideration as a canoe, etc launch site to the Indian River was adjusted to $1500

Road development We discussed the problem with variances being awarded for builders who want to develop a parcel without meeting the full extent of the road development requirements.  We will continue to discuss this to make it fair not only to current builders but also to those who will build beyond  tat point in the future


September 22, 2016 The URL for the official posting of the Agenda for this meeting is

Access to the Indian River The Parks and Recreation advisory board came to continue discussion of  their proposal to establish a non-motorized boat/canoe/kayak launch site at the north intersection of Rocky Point Road and US1.  There is a small but adequate parcel there which could be used if available.  The P & R Board asked for $1000 to hire a survey of the area to determine whether it is owned by FDOT or others.  This is needed before we can decide to proceed with  the idea.  We agreed

Stormwater We adopted the annual stormwater assessment program 

Churches in residential areas After a Public Hearing on the subject, we passed the first reading of an ordinance eliminating any provision  for a conditional use permit for the establishment of a house of worship in a residential area. 



September 6, 2016 The URL for the official posting of the Agenda for this meeting is

This meeting was moved to Tuesday because of Monday being a holiday

Millage Rate  We established that the Ad valorem millage rate for the upcoming fiscal year shall be 2.026 (prior to any adjustments such as rollbacks) This compared to the recent rate of 1.906 with a rollback to near 1.8.

Budget   We approved the Budget for fiscal year 2016-2017 to be 1,563,508.00.  This compared to last years budget of 1,653,555.00

Culverts  We discussed the requirement for and the lack of necessary culverts which provide access to private property and homes, businesses, etc.  While is was felt these are quite necessary for the management  of stormwater,  It was asked who would foot the bill?  I stated that no matter what we require,  we should be sensitive  to the impact on the property owner and not retroactively impose a cumbersome burden of them.


There were no Regular Town Council Meetings in August.  Our time was spent on budget preparation


July, 18, 2016 The URL for the official posting of the Agenda for this meeting is

Auditor's report  We received our annual auditors report.  There were no major problems with our finances for the year and we are on the plus side of the ledger

Trails and Greenways  Progress is continuing on the ADA approved restroom at the SandHill Trailhead #1 on Marie Street.  We also approved the T & G committees plan to establish a simple lightning (weather) shelter in the central area of the trails north of the Trailhead

Events Committee   We continued our approval for the establishment of an "Events Committee" to plan and  put on Springfest and other events in town

MSTU  We formalized the placement of  this on the November Ballot.  This is the Municipal Services Taxing Unit of the Brevard Sheriff office and not only provides for 24/7 presence of at least one deputy on duty in Malabar.  It also gives the BSO the authority to enforce local laws and ordinances


June 20, 2016 The URL for the official posting of the Agenda for this meeting is

Bridge to Brook Hollow  At this meeting we received a report from the Town Engineer concerning the bridge into Brook Hollow.  We accepted his recommendations for repair and said we would continue to watch this situation\

Stormwater problems west of Weber Road We discussed the drainage water in the west part of the town as it comes through the culverts under the newly completed I95.  Our question is if the state DOT is responsible for our problems will they help correct them?

Cell Tower behind firehouse  We formally decided to inform Crown Castle of our intent to continue the lease with them as it stands.  We would be open to consider an enhanced offer from them in the future

Ballot initiative for single district voting  We accepted and passed on first reading to put this question on the November ballot.  There will be a public hearing on this item and a second reading vote at our next meeting

Weber and Corey Road traffic control  I proposed limiting through traffic from Valkaria Road to Malabar Road to "no through traffic".  It was felt this would be hard to enforce.  We then considered additional 4-way (all-way) stop intersections,  It was  decided to ad such stops ant the intersections of Weber/Hall,  Corey/Hall,  Weber/Reese,  Corey/Benjamin.  These would be set up one a month with a one month warning period prior to their being effective

Slope Mower  We discussed planning ahead for the replacement of this equipment in the next year or so


June 6, 2016 The URL for the official posting of the Agenda for this meeting is


We will develop our recommendation to FDOT outlining our wishes for future improvements to SR514(Malabar Rd)  We will also discuss our recommendation to limit  the speed limit on SR514 to a maximum of 45mph within the Town of Malabar  Our  primary discussion centered around speed limit on this road and traffic lights at the Weber Rd and Corey Road intersections  We favored such lights and the speed limit reduced to a maximum of 45 MPH

We will discuss and develop our opinion concerning AAF high speed rail through Malabar

We will consider selling the cell tower behind the firehouse  We decided not to accept the offer before us.  We believe there is a future  use for this tower and we would be better served to wait before selling it.

We will continue to discuss our  official sponsorship of the Teen Council

We will discuss a  referendum for the fall allow to determined if Council member should be elected by a vote of the residents within their district or continue to elect them by at large voting.  We decided to put this question on the November ballot


May 16, 2016 The URL for the official posting of the Agenda for this meeting is


We will discuss our response to the FDOT plans for SR 514  We will continue to get input from citizens and prepare an official position statement in the near future

We will discuss our relationship and sponsorship of the Teen Council  We  decided to further explore the LOC requirements and to get input from the Teen Council participants

We will explore and shifts in population  which might mandate changing of council district boundaries  The Town Clerk is working on platting the actual location of residents and  counts within each district  We will get back to this when the information is complete for us


May 2, 2016 The URL for the official posting of the Agenda for this meeting is



April 18, 2016 The URL for the official posting of the Agenda for this meeting is


We will continue with developing guidelines for working with developers seeking site plan approval This was done and a procedure was put in place to simplify the procedures
We will discuss requiring Town Council approval prior to committing to pay any expenditure over $1000 that is not specified in the Budget


April 4, 2016 The URL for the official posting of the Agenda for this meeting is


 We will be reviewing our policy and proceedures for working with a developer/builder in developing a site plan for the project which meets the approval of the Council.  It is the goal of this item to make clear our requirements and to expedite the filing of such requests.  There will be a public hearing involved in this discussion offering the opportunity for formal public comments and input.  The concept of a project may be introduced to council early on.  However,  any presentation to Council for final approves shall have satisfied all the requirements of Planning and Zoning, Building official, Fire Dept and other applicable reviewers prior to coming back to the Council
We will receive a report from the Town Clerk reguarding the council district boundaries and their compliance with the requirement of population equity. We are waiting for a report from the county showing the population of each district
We will review our requirement for new buildings on main roads to comply with the style of "Malabar Vernacular"  We understand the desire to have consistance in building style along major roads but  wew not in accord with definitions of style or on who can or shopuld be exempt from compliance rewuirements
In response to concerns expressed by a citizen, We will dicuss  our practice of "piggy backing" a local project with a similar project of a neighboring  municipality.  One question is how does this affect our practice of requiring multiple bids  or proposals before approving an expenditure.  We decided there would be a request for competitive bidding on any project of significance to determine the best course of action.  Piggy backing on  a project of another city still might not give us the best "bang for the buck".

March 21, 2016 The URL for the official posting of the Agenda for this meeting is


We will receive a recommendation from the Planning and Zoning Board to bar the establishment of any Assisted Living Facility (ALF) on an area zoned Office/Institutional (OI)  This was referred back to P&Z for clarification
We brought the recommendations of the Town Administrator  concerning adjustments to  the fees charged for various building permits.  This was approved

Mayor Crews will lead a discussion of Council proceedures

We will discuss and establish policy for  the Town Hall Staff working with developers in presenting their proposals to P&Z and or Council


March 7, 2016 The URL for the official posting of the Agenda for this meeting is


We will be reviewing the site plan for the parcel of land on the west side of US 1 just north of Malabar Road.  The owner of Route 1 Motor Sports in Grant plan to move this business to this location in Malabar.  There will be a PUBLIC HEARING on this matter prior to Council discussion and action.     After much discussion we approved this measure contingent on adjusting the driveway in and out or other access routes to the satisfaction of our Fire Department.  Council recessed shortly while the Fire Chief and the lead proponent of this plan met privately and came back to us saying they will come in with such.  The main point was that emergency vehicles can get on and off the site even in the "worse case seniero.
We will appoint an Interim Mayor to fill the unexpired term of the late Mayor Carl Beatty until the election in November.  Three people have applied for this appointment.  Former Mayor Phil Crews (who also filled in after the death of former mayor Tom Eschenberg), former Council member Marisa Acquaviva, and Yellow Dog Restaurant proprieter Stuart Borton.  Former Mayor Phil Crews was chosen and  was eleced chairman of the Council.  He immediately ascended to the Chair and presided over the remainder of the meeting.  Councilman Vail remained the vice chairman.
We will set the requirement for formal notification of anyone living or owning property within 500' radius of any proposed zoning/use change.  This was approved  along with the provision to notify thise within 1000' of any proposed road or right of way abandonment
We will determine the zoning requirement for any Assisted Living Facility  We decided there would be no ALF in areas zoned OI (Office institutional)
We will review and revise the schedule of fees for various Building Permits as charged by the Town  This was tabled until the next meeting to allow for further study of the  subject  as requested by a Council member.
We wull set a date for the next Council workshop onour FLUM  (Future Land Uns Plan) with emphasis on the defination of the zoning  R/LC  (Residential / limited Commercial)  This will be Thursday, March 31, at 7:30 pm
Reports from our various Advisory Boards and committees will be received.  Primarily we spent time with the Trails and Greenways Committee report.  One important feature is their project of sineage on the trails to lessen the possibility of users getting lost in the Cameron Preserve  and other such areas.   There was also discussion on the best way to provide safe drinking water at the restroom at Trailhear 1 which is currently being constructed.



January 4, 2016 The URL for the official posting of the Agenda for this meeting is


Mr.McKnight has asked for time on the agenda to request the Town Council to review the budget of our Fire Department for  the last three years to see if they represent fiscal responsibility.  He has asked for permission to give a  five (5)  minute presentation on this matter.  This turned out to be his overview  of the entire Town budget for the last three years with his implied judgment that the Town Council has not been diligent stewards of the Towns funds.  I can say that the three years of budget preparation workshops in which I have participated,  The entire Council has been very diligent in keeping spending to a minimum.  In fact, it is my stance that this has often been done at the expense of not providing needed municipal and infrastructure services necessary for the safety and comfort  of our residents.

The Planning and Zoning Advisory Board will make a presentation recommending the removal of future Conditional Use Permits (CUP)  for churches in areas specifically zoned residential.  The Council seemed in concurrence with this proposal and asked for P&Z to proceed with official recommendation.  Some of the concerns about churches using  what had been built as private homes in residential areas as their primary center of activity, centered around such issues as parking, traffic, noise, sanitation and related items.  This was not intended to be anti-church but rather what activity fits best where.

Mr.Wayne Abare has asked for agenda time to discuss the Parks and Recreation Advisory Boards interest in establishing a launch area for non-motorized watercraft along US1  immediately north of its northern intersection with Rocky Point Road.  He intends to request the Town Council reject any such proposal.  The room was full of people both for and against this idea.  Many people from the neighborhoods adjacent to this proposed project were adamantly opposed.  They felt it would attract a "bad element of people" to their neighborhood.  I do understand their concerns but have a problem with the implied assumption that the users of this area would be inherently bad.  WE need to remember thta is just a proposal for research at this time.  No actual proposal for action has been submitted.

We will consider a recommendation to increase the fees charged for a variety of permits (Building and repair) charged by the Town.  We asked for more information

We will set the date for a council workshop on the Planning and Zoning Advisory Board recommendations for revisions to our land use plan(FLUM) and R/LC  This is set for January 25

We will act to cancel the second regularly scheduled meetings of the Town Council for January and February due to both of these falling on Federal Holidays.  We did so

Additionally,  it seems that at least one citizen in the audience for our December meeting got the impression I was "badgering" our chairman (Mayor Beatty) while we were discussing the apparent communication problems between him and the Town Hall Staff.  I was not.  I was, in fact supporting the Mayor/ Chairman in this issue and reminding him that he has both the responsibility and authority to take the lead in matters such as agenda development, etc.  If any citizen has concerns about my stand in this or any issue - please feel free to contact me.  I am available to discuss any reasonable matter of the Town with any resident at any reasonable time.  I followed up with this in my closing comments by pointing out 2 recent postings on NEXTDOOR which were  not true and only intended to inflame  readers.  I suggested that anyone who posts on this basically good and welcome site, do so carefully and truthfully.


DECEMBER 7, 2015 The URL for the official posting of the Agenda for this meeting is


We will hear reports and recommendations from our advisory boards and committees along with any requests or concerns expressed by Home Owners Associations and individual residents  We received some fine reports.  Also, there were residents of the Rocky Point neighborhood present to express their opposition to our establishing a small park-like access area on property owned by FDOT at the north end of Rocky Point Rd where it joins US1.  The suggestion was to set a place on the river to put in non-motorized craft such as canoes and kayaks.  This is still in the explatory and planning stage and these residents were assured their concerns would be considered before anything is done
We will receive  the recommendation from the Planning and Zoning Board relative to proposed changes to the Residential/Limited Commercial (R/LC) Zoning definitions and requirements  This as just a FYI presentation and will be discussed in detail at a workshop after the first of the new year
There is  to be a resolution to authorize the termination of the old Deferred Compensation Plan.  This is an old retirement plan which has only $69.00 remaining in it.  This money would be distributed to the only 2 persons remaining from it. Done
Another resolution would be to change the accounting departments from Public Works (539) to Streets and Roads (541) to more accurately reflect where the expenditures are being utilized.  Done

The Town Administrator will report on his culvert and ditch inspections and invite the Council to join him on such a tour on Dec 12.

The Town Clerk is requesting articles and suggestions for the next edition of the "Mailboat" newsletter

There are several Board seats vacant.    Board of Adjustment (2)  Planning and Zoning (1) Parks and Recreation (4)


NOVEMBER 16, 2015The URL for the official posting of the Agenda for this meeting is


This is the first meeting of The Town Council for the new Term.  Our first order of business will be to organize.  We will select a Chair and Vice chair for the 2015-2016 term.    We will also choose  who is to be the bill reviewer for the Council;  who will be the Council's check signer;  and who will be the delegate and alternate delegate to the Space Coast League of Cities Board.

Mayor Carl Beatty is Chairman
Councilman Brian Vail is Vice Chairman
Councilman Rich Kohler  is Bill Reviewer
Councilman Dick Korn is  Check Signatory
Mayor Beatty is delegate to the Space Coast League of Cities
Councilman Grant Ball is alternate delegate
Councilman Don Krieger remains delegate to the Transportation Planning Organization (TPO)
As in the past we will consider a request to allow  the Town Staff employees to use 4 hours vacation for Christmas eve and again for new years eve. This was approve as a permanent policy
Councilman Vail has requested we review the attorneys bill method and itemization.  Our bills have been extremely high due to certain elected officials conducting multiple conversations with the Attorney for multiple hours each.  We may begin discussion to establish guidelines to control this.  For the foreseeable future, all council member will  receive a copy of the Attorney bill  for our information.  It was discussed at length that whenever possible and appropriate, Council members should see answers in house as a first action before calling upon the attorney.   It should be noted that Attorney Bohne inspired this discussion with his comment last meeting about the apparent excessive  use of his services by some individual Council members
Mayor Beatty asks that we act upon a plan presented at the Budget Workshop to subcontract out stormwater projects so public works  can focus on other public works projects.  The Mayor has also asked that we review the stormwater project priorities.  We agreed with this idea and it will be on the next agenda as an action item.  We will also plan for periodic workshops on the subject and discuss the revival of the "Roads and drainage committee"
We will decide whether or not to hold the second regularly scheduled Town Council meeting in December.  Because it is scheduled for only a few days before Christmas, we decided to cancel the meeting



NOVEMBER 2, 2015The URL for the official posting of the Agenda for this meeting is


We will be voting on the second (final) reading of the ordinance  outlining the procedure for the Fire Dept  to issue trash burning  permits.    This passed 3-1

The Parks and Recreation board will give a report of its current activity and ask for permission and guidance to move forward with a submittal to the FDOT to lease the land at the  north end of Rocky Point Road.  The purpose of this would be to provide limited parking access to the Indian River and a launch point for non motorized water craft.  Permission was granted for the Board to continue to explore this matter with the FDOT with the understanding that final Council approval would be necessary for us to enter any such lease agreement

The following candidates for Board positions are to be acted upon:  John Sebold appointment to Board of Adjustment;  Vickie Thomas to the Parks and Recreation Board:  Bob Wilbur to the Trails and Greenways Committee.   All were approved

I was not in attendance at this meeting but have listened to the audio tape of it

There was much more discussed at this meeting.   Councilman Kreiger  moved we remove Councilperson Acquaviva from the Chairmanship of the Council and replace her with Mayor Carl Beatty.   Mr Kreiger claimed the August 31 meeting was not a legal meeting and he was not in attendance.  The Town Attorney declared at the time the meeting was proper.  The advance agenda for that meeting included a request by me to consider removing Mayor Beatty from the Chairmanship and elect a new Chair and vice chair.   My reasoning was the Mayor had been experiencing considerable health issues and really was not able to chair a productive meeting.  Rather than allowing him to continue to embarrass himself  and the Town, and in order that the Council can resume productive work,  the majority of the Council present voted  for the change.  This was in no way intended to denigrate the Mayor.  I was to be in Knoxville, TN, on a business trip At the time of the Nov 2, meeting and asked in a letter dated October 8,  to the Chairman and Town Clerk, not that the meeting be cancelled but rather  "that  items concerning budget, zoning and/or personnel issues" be deferred unto the Nov 16, meeting.   This is a common request by Board and Council members and I have researched back over 15 years and found such a request has always been honored.      HISTORY WAS MADE ON NOV 2, 2015.  In spite of  the Chair and Clerk both reminding the Council of my request,  Mr Kreiger persisted and with the concurrence of Councilman Ball, forced a tie vote which was broken by Mayor Beatty voting himself to the Chair.  This was to be Council member Acquaviva's lasts regular meeting  both as Chair and a a Council member.  (Term limits dictate that she cannot offer for reelection this term.)   While this action was certainly an attack directed at me,  the real victim was Marissa Acquaviva.  Her family was there and witnessed this abhorrent behavior.  To her credit, Mrs. Aquaviva responded  with grace and class.  

Several issues were brought up from the  audience.  Mr. Skip Hard asked who signs the agenda.

Our Ordinances direct the Chairman of the Council (or of a board in case it  is a board meeting) is responsible for the development of a prepared agenda with the assistance of the Clerk.  However, one of the first  items  on any agenda is to ask for additions or deletions to the agenda and the Council (Board) then voted to approve the agenda including any amendments to it.

Mr. Hard also asked for us to have the minutes written in a condensed or outline form.  I am not in favor of edited minutes.  I believe the minutes should include any discussion leading to the ultimate decision of the Council.   Extraneous remarks or comments, unrelated to the topic can and should be excluded.

In this conversation it was also brought up about posting the  full audio recording of the meeting on the Website.  I agree completely.

Mr. John Sebold spoke up to say the audience is not respected enough and allowed to say what they want when they want.  I disagree.   We have a procedure in place for audience participation which is very good.  I only wish it was adhered to more diligently.  Our Town Attorney attends regular meeting of several municipalities and stated we are very lenient in allowing comments from the audience.


OCTOBER 12,2015The URL for the official posting of the Agenda for this meeting is


Our regular meeting last week was cancelled at the recommendation of the Town Attorney.   This meeting is a special meeting limited to only one agenda item.  That item is to review and act upon the contract between the Town of Malabar and Mr Douglas Hoyt  for his employment as our Town Administrator.


SEPTEMBER 29,2015The URL for the official posting of the Agenda for this meeting is

(This meeting is delayed one day due to a conflict with a Brevard County public hearing)


We will be ranking the seven applicants we interviewed and deciding to whom we will offer the position of TOWN ADMINISTRATOR to.  It was decided to offer the Position to  Debra Krueger
We will hear and vote on the second readings for the tax millage rate and budget proposal for the fiscal year 2015/2016 set to begin October 1. This was approved
We will act upon a proposed ordinance updating the requirements for burn permits issued by the fire department.  This was approved.  Residents should contaxct the office of the Fire Chief for approval and permit prior to any burning
We will hear and act upon a request by the residents of Weber Woods for the installation of additional street lights in their area.  This was not approved and Council asked for research  into the responsibility of the developer in this matter.  We are reluctant to establish a precedent such as was asked for(5 lights in a 1/4 mile stretch of road)
We will discuss setting the proceedure and requirements involved in responding to public records requests.  We approved a proceedure for handling public records requests that comply with state law.  We also reviewed the schedule of charges for requests that are lengthy or involved in more that 15 minutes of research
We will discuss creation of an "incident report" to document alleged mistreatment of employees and amending the Grievance Policy.  This was approved and established a "Chain of Command" for handling various incidents


SEPTEMBER 14,2015The URL for the official posting of the Agenda for this meeting is


I do not have the agenda yet.  However, I do know we will be finalizing and approving the budget for the 2015 / 2016 fiscal year at this meeting and finalizing the schedule for the  interviews the next day


AUGUST 24,2015The URL for the official posting of the Agenda for this meeting is


At 7:00 we will  convene an Executive Session to discuss the proposed settlement of the legal action pending between Painted Acres Partnership , etc and the Town of Malabar.  This meeting is to be a private  attorney-client session which will not be open to the public.

The regular meeting of the Town Council will begin at 7:30 or at the conclusion of the executive session.

First will be  a Public Hearing concerning a request to vacate a portion of public right of way known as Johnson Avenue.  After much discussion and coments by ajacent land owners opposing such vacate action  This was sent back tho the P & Z Board for further research and consideration
We will consider Resolution 14-2015 providing certification of our annual Stormwater Utility Assesment.   This was approved
We will have second reading  and PublicHearing related to ordinance proposal 2015-03 dealing with off street parking for business applicants
There will be the First reading  of a new ordinance concerning signage to bring us in line with a receny U S Supreme Court decision.  This was approved with the Town Attorney's comment  advising us this is only a first step and more work is to be done as the details and implications of the Supreme Court decision become clearer
We will vote to appoint Tom Taylor to a full three year seat on the Parks and Recreation Advisory Board  Approved
Ww will vote on our continuing to participate in the Space Coast mitigation program  with the Dept of Natural Resources.  If funds become available  through this program, we might use them for emergency preparedness such as hurricane shutters for our buildings or for an emergency generator for the Town.  Approved
We will consider a resolition to consider continued participation in the county E-911 program.  We approved this with the provision the Town of Malabar will not be charged for work we ae acrually doing or have done
We shall vote to extend our participation in the interlocal agreement with Brevard county for Stormwater management  Approved

We wil act upon the mediation agreement discussed during the executive session       To avoid the potentional uninsured  cost of continuing litigation, we approved a settlement of $45,000 and a reduction in the number of parking spaces required.  Our Insurance will pay our Attorney and $40,000 of the settlement, leaving a balance due of $5,000 to be paid by the Town.  There are no other monetary obligations.  (this settlement of of a lawuit filed by the owner of BeriPatch  who wanted to add a 96-bed Assisted Living Facility on thier property to the east of the school)


We will  certify the qualification of candidates  for district 4 and 5 Town Council Seats for the upconing terms.       Approved   Only one  candidate qualified for each seat meaning  Dick Korn will continue to represent District 4  and Richard Kohler will represent District 5

We will discuss the annual performance evaluation of the Town Clerk/Treasurer.  This was tabled until a future meeting

We will accept  the work of the Town Administrator  applicant review committee and choose which aqpplicants to invite for personal interviews before the Council

We will consider approval of  a consultant agreement with Bonilyn Wilbanks for the period until a new TA in in place  Approved

We will appoint a Malabar Representative to the County Charter  Review Committee   Mayor Beatty was appointed

Wew will discuss alligations of a hostile work  environment in Town Hall    Tabled pending review of specifics


AUGUST 24,2015The URL for the official posting of the Agenda for this meeting is


This meeting shall be called to order at 7:00 pm and immediately recessed and an exexutive session(closed meeting) shall be convened.  Only the members of the Town Council,, Administrator, court Reporter and attorneys shall be allowed in attendance  This meeting is   for the Council to consider the results of an arbitration hearing  concerning a property owner's application to establish an Assisted Living Facility on his property in Malabar being denied.
Uon conclusion of this closed meeting, the regular meeting of the Town Council shall reconvene and the public will be allowed in attendance.
We will receivee a report and request from our Fire Chief concerning the Department's staffing needs for the coming fiscal year
We will hear and vote upon the recommendation from the Planning and Zoning Board for an ordinance codifying the off street parking requirements for business locations in Malabar.  This will be the first reading and there is a second reading required (upon public hearing notice).  This will be scheduled for a future meeting.
We will discuss and take appropriate action to continue our ILA (Inter Local Agreement) with Brevard County for E-911 Services
We will appoint a replacement for B Wilbanks on the Space Coast Transportation Planning  Organization/ Technical Advisory Committee
One Applicant for the Town Administrator Position who had sufficient support from the selection committee to receive a telephone interview was overlooked.  We shall act to correct this and direct the telephone interviewers to report the  results of  their call at the TA selection committee workshop on August 10.


JULY 20, 2015  The URL for the official posting of the Agenda for this meeting is

 We will vote on the approval of an ordinance adapting the Florida State required building code up-dates.  There will be a public hearing on this followed by the vote on this second reading  This is basically a state required "housekeeping" measure to insure our codes are compliant with state requirements
We will act upon  the request of resident to close Gilmore street to vehicle traffic at  its intersection with Allen The resident asking for this withdrew his request for now
We will act upon the recommendation of the Town Administrator searce committee to approve Councilman Brian Vail conducting telephone interviews of selected applicants along with former mayor Phil Crews  Approved
 We will act upon the nomination of Annelie Harvey to be appointed to the Trails and Greenways Committee  Appointment approved
We will set the date of the 1st Public Hearing on the 2015/2016 proposed budget and the setting of the maximum millage rate  The council suggests a maximum approval rate for the coming year will be 1.9+ mil.  This will reflect an increase in the Malabar portion of the property taxed of about 16.2 cents per $1000  tax appraised value.  NOTE:   This is the maxium suggested increase and does not mandate that  it be applied unless needed to meet the final budget. 
We will discuss ammending our Land Development code with regard to the computation of off site parking regulations
We will discuss signage and permit requirements within the Land Developmet code  In leiu of the recent Supreme Court decision on signs,  we are asking for suggested revisions from the Town Attorney to bring our sign regulations into compliance.  He will study this as well as the response other towns and cities have.  If there are seminars on this at the State League of Cities Convention next month, I plan to attend them.


JULY 06, 2015  The URL for the official posting of the Agenda for this meeting is


Action on the off-site parking recommendation from the Planning and Zoning Board

We approved their recommendation and it shall soon come before us in the form of an ordinance

Discussion and action on  the county request for us to join with them in this program for applying for CDBG  grants.

We decided not to join them. It  appears we stand a better chance  of being approved for such grants if we apply on or own.  (If we had joined with them we would have been locked in with them and not been allowed to apply on our own)
We considered the question of what action to take  in the event a new Town Administrator is not in place by the August 19, effective resignation time of our current TA.  Our choices were to do nothing and have the  remaining Town employees cover the duties of TA in addition to their assigned work.  Or to bring in an interim TA,  or to  ask the current TA to stay until the new person is seated
The most prevelant  feeling of  Council members was to ask the current TA to stay on a while if  the details of such could be arrived at.  We will continue with this discussion at the next meeting

JUNE 15, 2015  The URL for the official posting of the Agenda for this meeting is


Ike Heckler will come before the  Town Council with his proposal  for a residential development on Weber Rd
It was obvious to me he had not really researcued the zoning and other  concerns of our town.  He began by saying there would be no need for any zoning changes and later mentioned the establishment of a  country club.  His proposal is for homes 3500 to 4500 sq ft beginning at $400,000.  I  have no objection to nice homes in Malabar.  My concern that I tried to express to him concerned items other residents in the neighborhood of this proposal have expressed to me.    First and foremost is drainage.  We have had some severe drainage problems in this area and there must be some consideration  and plans for correcting this.  Infrastructure and access and egress to and from Weber Road at the Malabar Road intersection.  Any significant number of additional homes using Weber Road prior to the work on Malabar Road and the planned intersection improvements would not be in the best inrerest of the Weber Road residents.
I also wanted  him to be aware that 1/2 acre minimum lot size means just that and not a corruption on that rule by putting a road through front yards.
To my frustration,  He never heard a word I said because he kept interupting me and my concerns became lost in his interuptions and the Mayor banging the gavel.  Therefore  make my concerns and those of the residents of Weber Road (and West) known here.
We will proceed with our annual performance evaluation of the Town Administrator
Our TA is in the hospital with pnemonia and not at the meeting.  We decided to again put  this off until she is present
 We will formally appoint the Review and Selection Committee for our search for a new Town Administrator                                         
We appointed  Bud Ryan, Skip Hard, Hans Kemmler, Liz Ritter, Bob Wilbur, Wayne Abare, Karla Comway, John Seybold, Tom Taylor, Patricia Foster, and David Stack.  Former Mayor Phil Crews will work with Mayor Beatty  in making initial telephone contact with any applicants.
We will continue our discussion of the open burning ordinance in Malabar  We still need  some clarification on the wording
We will discuss the recommendations of the P & Z Board concerning the off-street parking  requirements of our land development code Specifics of this were not available


JUNE 01, 2015  The URL for the official posting of the Agenda for this meeting is


This will be the first reading of our ordinance regarding open burning in Malabar
We found we need to clarify a few items in this
We will be discussing the plans for finding a new Town Administrator
 At the next meeting we will appoint a citizens committee to review the aqpplicants.   Former mayor Phil Crews will then contact each applicant by Telephone to discuss the position
MAY 18, 2015  The URL for the official posting of the Agenda for this meeting is


The Town Administrator will be away from town this week and will not be in attendance at this meeting.  Therefore, the discussion of her annual performance review will again be postponed until all Council members and the Administrator are in attendance.   This is tentatively set  now for the second meeting in June

We will consider a resolution supporting the opposition to the Off Shore Seismic Air GunTesting in search of oil and gas.  I personally wrote Sen. Nelson some time ago and expressed my concern and the fact that he has opposed any such oil ventures on our coast.  I was delighted he introduced a bill in the US Senate to deny such activity.  Passing this resolution will align us with his feelings as well as those of the League of Cities. We passed this resplutiin 3 to 2.  The nays felt this was a political issue we should not get involved in.  I tried to say that anything we, as elected officials, do is considered "political" and being that we are a costal municipality, it is our business to get involved

The Fire Chief has expressed concern over sufficient staffing (or lack thereof) at the Malabar Fire Department at all times.  We will discuss this concern with his presence and input at this meeting.  This was deferred until a future meeting

We will discuss the Job requirements for the next Town Administrator  We will hold workshops to discuss this.   The first one is Tuesday, May 26, at 7:00 pm

We will look at some of the inventory and equipment needs for the Fire Dept,  the Public Works Dept and the Town Hall.  This was also deferred until the TA returns

It was brought to our attention that there is additional repair work needed for the slope mowed.  Council member Vail will examine this, consult with the dealership that did the repairs and report back to us

There are no proposed ordinances on this agenda


MAY 4, 2015  The URL for the official posting of the Agenda for this meeting is



We will receive reports from the Sheriff Dept, Parks & Recreation Board, Trails and Greenways Committee and the Planning and Zoning Board.  All these presentations were good.  The Trails and Greenways report was really great and shows a lot of thought and thorough work to make our trails more enjoyable and safe

The Planning  and Zoning Board will present the Council with proposed regulations concerning off street parking requirements  for developing business and other enterprises.  We agreed with the presentation and it will come before us as a proposed ordinance at the next meeting

The SPACE COAST TRANSPORTATION PLANNING ORGANIZATION will present their projections and thoughts for the area included in Brevard County District 3 (Malabar is included in District 3)   A good and lengthy presentation focusing on the work planned for Malabar Road.  The right turn lanes off Weber and Corey Roads have been funded but will not be done until 2018-2020 time period.  The projections for Malabar Road show a 4 lane road  with median from Babcock St to Marie St and 3 lanes from Marie street to US 1.  this is still in the planning stage and had not  been funded.  For more information, go to  WWW.SPACECOASTTPO.ORG

Because of  several Council  Members not having  their evaluation reports completed in time for last meeting, we will conduct our Performance Evaluation of our current Town Administrator at this meeting.  Again this was put off until  the next meeting as 2 council members have not submitted their completed evaluation forms

We will consider a resolution in support of maintaining the Palm Bay Grapefruit Trails.  This trail system is an important amenity to out town and its trails.  This centers on a bicycle trail along the Melbourne/Tillman canal.  We agreed with the request

In  view of  the resignation of our current Town Administrator to be effective August 19, 2015, we will initiate steps toward filling the pending vacancy.  We will  discuss a mission statement and strategic plan for out Town and its future.  We will discuss the definition of "Town Administrator" as compared to "Town Manager" and work on a clear understanding of the role of out next Administrator.  We will begin the development of a search committee to accept and review applications for this position.  We will consider a workshop on this to more clearly define the terms and job descriptions.  We will advertise the opening and will be forming a citizens committee to review those applicants determined to be "in the running" by the Council

(I personally would like to hear from as many of our residents as possible as to their  thoughts and suggestions concerning this)                                                            



APRIL 20, 2015  The URL for the official posting of the Agenda for this meeting is



We will conduct a discussion of our annual Performance Review of the Town Administrator  Because of her pending resignation, some council members had not completed the evaluation forms.  Therefore the review of these evaluations has been extended until the next Council meeting
We will act upon acceptance of the provisions of a memo from the Town Administrator, Bonilyn Wilbanks, dated April 2, 2015.  In this memo she asked that her employment be continued only  through August 19, 2015.  This was accepted by the Council with a 4-1 vote.  The lone dissenter did so because  he(she) wanted a more specific addendum to her contract.  The rest of us felt her memo of April 2,  asking for her resignation to be effective August 19, 2015, was sufficient.  The Town Attorney concurred.
We  are to act upon Mayor Beatty's suggestion that the Town Attorney be required to attend our meetings only once a month unless otherwise requested.  We decided to continue as  we have been.  If  the proposed agenda for a coming meeting clearly reflects the Attorney will not be needed,  he will be so notified and excused. 
The Mayor is also asking that any proposed ordinances or changes be  drafted  by the Town Attorney to assure their accuracy and compliance with Florida law.  We decided that the Town clerk was to prepare any resolutions and Ordinance proposals. Any of these which would result major changes in the ordinances and or code for our Town are to be reviewed  with the Town Attorney prior to being  brought to Council for action.  We also directed the Clerk to notify Council members of any pending Public Hearings in advance of their being advertised
We will act upon the request to approve  the appointment of Mr. Patrick Voltaire to a seat as an alternate member of  the Trails and Greenways  Advisory Committee.  This was done unanimously


APRIL 6, 2015  The URL for the official posting of the Agenda for this meeting is


There was very little of substance accomplished at this meeting.  I was out of town on business.  Councilwoman Acquaviva was absent, Town Administrator Wilbanks was absent. Town Clerk Franklin was absent.  much of the discussion concerned the duties and powers of the Mayor.  Initial concerns were introduced by Mr Riley and Mayor Beatty.  Had I been in attendance, I would have taken the stand that we were discussing the OFFICE OF MAYOR  And the OFFICE OF TOWN CLERK  and should not be considering or personal likes  and/or dislikes of the current occupant of that position.

Resident Pat Riley  has asked for a discussion to evaluate the Veto power of the Mayor.  His recommendation is that we consider removing  this provision.   

We will receive a presentation by our website editor  Randy Perry of E-City Services

The Mayor  is suggesting we change our meeting procedures  and reserve the 1st meeting of the month for action items with the Town Attorney present and have the 2nd meeting reserved for discussion items with out the presence of the Attorney.  This is a significant change in the way we have conducted  Town business.

The Mayor will ask that we establish the policy of having the Town Attorney compose any draft ordinances and resolutions prior to  their being acted upon by the Council.


For your information the following  vacancies are available to be filled on  Advisory boards.  In some cases these are regular seats and in other cases they are alternate seats.  If you are interested in serving on one of these Boards, Please contact the Town Clerk/

Board of Adjustment    2                                                                                                                                                                          Parks and Recreation   3                                                                                                                                                                       Planning and Zoning   1                                                                                                                                                                                       Trails and Greenways   2

MARCH 16, 2015The URL for the official posting of the Agenda for this meeting is


Planning and Zoning Board recommendation for ordinance setting parking requirements for the Town.  This was referred back to the P&Z board for clarification

Presentation of the annual financial audit report for 2013/2014 by Averett Warmus Durkee, Outside Auditors.  There were no irregularities found by the examiners    We formally accepted their findings

Suggested repairs for the PW slope mower and decision on whose suggestion to accept to do the work.  After much discussion it was decided to  have  the work done by Everglades Equipment Co in Ft Pierce.  They are the dealer who sold this unit to us and the cost for their recommended repairs was considerably below the suggestion from Robinson's in Mims

Requirement of Council pre-approval of all expenditures in excess of $999.00 and not specified in the budget.   In the interest of time this was deferred to another meeting

Review of resolution 19-2014 re: the duties of the Mayor.  This too, was deferred to a future meeting

Approval of  appointment of Mr Douglas Dial to fill vacancy on Planning and Zoning Board       Approved

Budget Adjustments   We approved necessary adjustments to specific internal budget items to correllate with actual related expenditures.  This did not increase the budget.  This is necessary from time to time to keep things  in line

We proclaimed may Motorcycle Awareness Month and Irish American Month in Malabar

I read a statement without discussion.  In this I asked the Town Administrator to correct errors concerning two local  persons which she published in her weekly "Week at a Glance" and to apologize directly to one and his employer.     This she has done.



MARCH 2, 2015The URL for the official posting of the Agenda for this meeting is


Resident Laura  Mahoney will ask for standing permission to burn yard waste.  (I believe this  may require a change in the a town ordinance)  After much discussion and input by the Fire Chief, It was decided not to issue blanket burn permits,\.  We did decide to make changes to the current ordinances to allow for the Fire Dept to issue permits for specific burns when applied for and meet both our requirements and those of the Fl Dept of Forestry.  They would be for a specific fire on a specific day.  The burn cannot happen oat a time or day when the FDOF  had a NO BURN order in force.  The phone number to call for FDOT   no-burn day status is to be posted on the Town website

The Planning and Zoning Board will ask us to consider their recommendations concerning maximum allowable building coverage on a parcel of land

We will consider adoption  of  a joint agreement with the State DOT  This was approved.  It means there will be additional street lights on US1 as requested by the DOT.  FPL will bill Malabar for these and DOT will fully reimburse Malabar.

We will consider adoption of a statement opposing the offshore seismic  air-gun testing in the Atlantic Coast  We tabled this until Mr Kreiger receives additional information he has requested.

We will receive a report on the condition and repair estimate of our Slope mower as submitted by Everglades equipment Company  We established specific repair requirements and will ask for bids from additional vendors before awarding the work.  Meanwhile, this equipment is in service.

We will work to develop a procedure of declaring town equipment and belongings as surplus and how to best dispose of these items


FEBRUARY 17, 2015  A special workshop-type meeting was held to discuss matters which may become subjects before us in the near future

FEBRUARY 16, 2015 This meeting has been cancelled because this is a National Holiday

We will have a make-up meeting this month to be called by the Mayor.  

FEBRUARY 2, 2015   

The URL for the official posting of the Agenda for this meeting is

This meeting was cancelled by the Mayor due to the illness of the Town Attorney,  It was felt due to items on the agenda, the attorney should be present.

JANUARY 19, 2015   This meeting was cancelled because this is a National Holiday

JANUARY 5, 2015

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We will have public hearings on three questions.  (1)  Site Plan review for Elhoim Church plans for 2170 Malabar Road. (2)  Developers agreement concerning the  property at 1300 Hwy 1 (3) final reading for the zoning change for 1300 Hwy 1.

All of these items were passed and approved by the Council

Charles (Bud) Ryan will report on his research concerning the maintenance, repair and/or replacement of the slope mower and other equipment used by our Public Works Dept

This was a good report along with a report by a representative from a servicing dealer.  We will be getting  inspections, opinions and cost estimates from servicing people and decide whether to repair, refurbish or replace this equipment

 We will receive the monthly report from the Parks and Recreation Advisory Board

We will decide whether or not to cancel or reschedule the regularly scheduled Town Council meetings which fall on national holidays in January and February

The second regular meetings in both January and February fall on federal holidays.  We voted to cancel both of these meetings

We will discuss whether or not to declare certain vehicles we have as surplus.  If so declared, how will we dispose of them?

We declared the 2000 Ford explorer formerly used by the Eagle Patrol as surplus.  We will decide at our next meeting how to divest ourselves of this vehicle

DECEMBER 15, 2014

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We have a request from a resident to change the ordinance forbidding  the burning of yard trash in Malabar

This item was deleted from the agenda at the  request of this resident

The Planning and Zoning Board presents a recommendation to change the zoning of a parcel on the west side of US 1  just north of Malabar Roar from residential Limited Commercial to General Commercial.  This was passed  in October but vetoed by the Mayor.

We passed this zoning change pending a public hearing (scheduled for January 5) and an  acceptable  "Developers Agreement" describing the business to be  established there.  A final vote in the issue is schedules for January 5,  if all the requirements are met by then.

We will review and discuss the proposal for the  repair of the Bridge into Brook Hollow.

We approved the bid for this work.  It is designed to correct the erosion damage beneath the bridge and to strengthen the support of the bridge

We will discuss final approval of the micro-surfacing of Weber road and payment to the contractor. 

We approved the final payment for this work.  Mention was made of some rough spots near the intersection with Old Mission Rd and will wait and see if this settles in.  If not, we will ask this company to revisit this when they are again in the area for work.  It is noted that this is not actually a repaving project.  It is called micro surfacing and consists of about a 1/2" layer over the present pavement to seal cracks, smooth dips and extend the life of the  existing pavement

We will discuss a request by the Parks and recreation board for an elevation survey of the Thomas Eschenberg Memorial park on Weber Road just south of Malabar Road

The Parks and Recreation Board has the intention of creating walking trails in this 17-acre area.  It needs to know what areas are too low of wet and to avoid these places with the trails.  We passed their request.


DECEMBER 1, 2014

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We will act upon moving funds from Contingency to specific accounts to cover our matching  funds requirements for grants which have been approved.  These include the ADA approved restroom facilities at the Trailhead #1 and safety equipment for our Fire department.  We will also move  funds to an account to cover our legal fees associated with defending a sizeable legal action filed against the town.

This was done and matching funds required for the Town to receive this grant money was approved to be paid now.

We will discuss the work done on Weber Road (and others) and determine if we believe the work is satisfactory.

After much discussion we agreed to pay the company for all but 1/2 the bill for Weber Road.  Councilman Vail and the owner of the company are to inspect Weber Rd Tuesday morning and any faults found are scheduled to be corrected Saturday.  Upon satisfactory completion of these corrections, the remainder of the bill will be paid

I have asked the Council to to appoint one council  member each to act as liaison between the Council and Town Boards, committees and departments.  We will discuss this at this meeting.

We decided not to formally do this .  However, we did determine we needed improved communications with all boards, committees and departments.  There will be monthly agenda items calling for reports from each Board, committee and Department.

Much discussion was also about timely minutes for the Council and boards.  We felt we should always have the minutes from a meeting before the next meeting.


DECEMBER 17, 2014

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This is the first meeting for this term for the three mew members of The Town Council.  We will organize the council at this meeting.  We will chose a Chairman, Vice Chairman, bill Reviewer,  Check signers,  and Delegate and Alternate Delegate to the Space Coast League of Cities.

We will also vote to move appoint George Foster  as a Regular (full) member of the Planning and Zoning Board. 

At The November 3 meeting, the council voted to  move   between $75,000.00 and $100,000.00  from our reserves  in order to spend in excess of $100,000.00 for a new slope mower  which we have been told is beyond repair.  In the past I have asked for an outside expert to check this equipment to determine if, in reality, it really cannot be fixed.  To my knowledge, this has not been done. 

Mayor Beatty has submitted a written veto of the ordinance moving these funds until we can  get such an outside opinion and then decide if this expenditure is necessary at this time.

Council will consider whether or not to override this veto.  4 of the 5 council members must vote to override or the veto  will stand.

I have asked for Council to examine the quality of the paving work done on some of our roads prior to authorizing payment for this work.  I have received several complaints about the work on Weber Road and one about the work on Glatter Rd.


NOVEMBER 3, 2014

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The Mayor vetoed the change in zoning for the parcel on US1 just north of Malabar Road.  The council will vote on whether or not to over ride this veto.  It takes a vote of 4/5 of the Council members voting to override for this to be done.

The council did not override the veto.  The vote was 2-2. I was still traveling back to Malabar from Knoxville, TN and was absent from the meeting.  Even if I had been there and voted to override, it would still have failed to get the required 4 votes.

"The Shores", a proposed assisted living facility to be established on the west side of US 1 almost  to the south town limit of Malabar,  has asked for approval of a site plan concept for this  project so they may proceed to develop a complete and detailed site plan for this.

Council agreed in principal with the concept while making it clear they were not approving this as the required site plan.

OCTOBER 20, 2014

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Second reading and vote on the zoning change for the US 1 property on the west side of the highway just north of Malabar Road.  This is intended to allow for application of the owners of US 1 Motorsports in Grant-Valkaria to move their business  to this location in Malabar.

This was again approved by the Council and is now  in effect pending a potential mayoral veto. (As is any ordinance after its second reading) 

We will  consider the appointment or reappointment of individuals to fill expiring terms on various Boards in Town.

The following appointments were approved:

Planning and zoning Board :  Re appoint Liz Ritter                                                     

Board of Adjustment:  Re appoint Chuck Frazee

Parks and Recreation Board:  Re appoint Hans Kemmler and  appoint Helena Ausley (alternate member) to regular membership for the remaining 2 years of the term being vacated by Bill Sattram

Trails and Greenway Committee:  Appoint Collette Buffaloe and Murray Hann to regular terms

We will consider a moratorium on Roadside Mowing so Public Works can focus on Stormwater projects

We agreed that stormwater and drainage is a priority at this time and recommended that public works concentrate on keeping the drainage ditches in good order. 



OCTOBER 6, 2014

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Public hearing on changing zoning of 1300 Highway 1 from residential/ limited commercial  to commercial general.

After much discussion about the implications for the future of that area and the property rights of those who live or have other businesses along US 1,  this was approved by a 3 - 2 vote of the Council.  As per our laws, there is a second reading and vote required at the next meeting (Oct 20)

Action on a petition to vacate 200 feet of right of way at the north end of Fins lane.

As the affected property is owned by one party who wishes to consolidate the it into one property, this was approved.

Review of performance and contract for the Town Administrator  (this is a follow up from our meeting in April.

We agreed that  progress is being shown  by the Town Administrator and Staff and that we would continue to be  both  vigilant and supportive


SEPTEMBER 22, 2014

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This will be the final reading of the projected budget and millage for fiscal year  2014/2015

This was passed

Two of the new council persons to be sworn in in November will be vacating seats on the Planning and Zoning Board.  There will be discussion and suggestions for filling these vacancies.

Wayne Abare was appointed to fill one effective November 6 when the opening occurs and he is officially no longer a council member

We will consider authorizing the county to act as our applicant for creation of "quiet zones" along the FEC tracks in leiu of the proposed additional 32 trains a day coming through

This was approved

We will again review the performance and contract of our present Town Administrator

This was passed until next meeting so all council members will be present

The property immediately west of the Town Hall (Between the town hall and the public works facility) is now for sale and we will be discussing the possible purchase of this by the Town

The Town Council is not  ready to make a decision to buy this right now.   This discussion will continue.




The URL for the official posting of the Agenda for this meeting is


The meeting will begin with a public hearing to present the budget for fiscal year 2014/2015.

One person spoke and cautioned the Council not to leave needed services undone in the name of keeping the budget low.  We understand his concern and will keep it in mind in future planning.  The budget for fiscal year 2014/2015 was passed unanimously.  It reflects a  slight (.14) mill increase  over last year.

We will  consider an amendment to the current fertilizer application restrictions, to allow for fertilization of family gardens.

This passed

We will review the cost proposals for work to be done on Hall Road and Old Mission Road both west of Weber Rd and on Glatter Road.  These will be done within the 2013/2014 budget.  Also to be reviewed is the  cost of work for Weber Road in the fiscal budget 2014/2015.

In keeping with the current year budget, the repair and resurfacing of west Hall Rd  and west Old mission Road will be done this fiscal  year.  Also, the repair and resurfacing of Weber Road will begin daring the current budget year and completed in the 2014/2015 year.    This leaves Glatter road work for the  budget year of 2014/2015.

A second grant has been approved for continued upgrade of the safety gear for our firefighters.  We will consider approving the necessary matching funds to receive the benefits of this grant.

This is the second such grant we have  qualified for this year and will bring the  protective gear for our fire department more into compliance.


AUGUST 18, 2014

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We will review and adapt a storm water assessment for 2014/2015

This was passed and we reaffirmed that we will keep our assessment the same as  last year.  (Some jurisdictions, including the County have raised theirs)     

The Parks and Recreation Board has asked we expand the cleared and mowed area on the west side of the Eschenberg Park (Weber Road just south of Malabar Rd).  This would allow for additional parking and for access to the nearby trails for a horse trailer and horses to have a defined riding area in the west part of town.

We did not act on this and emphasized the Trailhead on Marie Street for horse activities.

Councilman Abare has asked that the Council consider putting a question on the November ballot asking the voters in Malabar to approve a 2 year only increase of 1 mil on our ad Valorem taxes.  These funds would be dedicated to fund the costs of our recent improvements to the Fire Department and  its supervisory personnel.

There was no second to his motion.  Therefore this proposal was not acted upon

We will review and and adopt a cooperative agreement with Brevard county particularly as applied to the Environmentally Endangered Lands (EELS) property in our town.

We approved this extension of  our agreement .  This primarily concerns the development of an educational  facility at the meeting of the community park and the EELs property behind the fire house

The Mayor will present his recommendations to establish priorities for road improvements within the town for the coming fiscal year.

We accepted the recommendation to improve the pavement on west end of Hall and Old Mission Roads which are in this years budget.  Then we will look to correct areas of concern on Weber and Corey roads.  We also agreed to  look at areas of concern elsewhere in town (Particularly in Brook Hollow).  The Bridge on Briar Creek Road  is a major concern



AUGUST 4, 2014  

This meeting is cancelled at the direction of the Council Chairman.  Public hearings advertised for this meeting are also cancelled and shall be re advertised.


JULY 21,2014

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We will finalize any question we wish to appear as a referendum on the ballot this November, as result of Council Action..

We are placing 2 questions:

    1.  Should we continue to contract with the Sheriff Dept for continued police protection in the Town of Malabar?

Currently we contract with the Sheriff Dept for regular police protection.  This included dedicated deputy presence within the Town (Unless called away for an emergency)  Without this agreement  the only thing we would have is emergency response.  There would be no regular patrols or enforcement of local laws (to include speed limits  An alternate to such a contract would be to form our own Police Dept.  This would be expensive and have limited ability.  We would still have to  depend on the sheriff for detective, lab and other forensic services.

There will be mention in the ballot question of what the cost would be to the residents.  Basically, the projection is  it would be in the neighborhood of $30.00 increase over what the average property owner paid in 2007.

    2.  Should the term of office for Town Council members be changed from the current two-year terms (Maximum of 3 consecutive terms)  to the proposed three-year terms (Maximum of 2 consecutive terms)?

If this question is approved, the term for town council members will be  three years beginning with those elected this year.   If it is not approved by the voters,  terms will remain as they are presently.

We will be discussing items concerning our roads and the care and maintenance thereof.


We are looking at our roads and setting priorities for work on them.  This will include any necessary work on the shoulders.  We are near the end of this budget year and have funds in this budget dedicated to resurfacing  both Hall Rd and Old Mission Road west of Weber Road This will be a first priority because it is already in the current  budget .  As we work on the budget for 2014/2015, we will be setting priorities for other projects.

Another great concern is the bridge into Brook Hollow.  This bridge is in bad shape and needs either extensive repair or replacement.  Our Town engineer is looking carefully at the possibilities and the Town Administrator is seeking grant money to defray the cost of this.

We will establish a franchise fee involved in the granting WASTE MGMT exclusive solid waste and recyclable material  collection in Malabar for a specific period.

This fee is set at 10% of their income in Malabar.  This will amount to about $33,000 coming in for the Town.

We will be asked to amend the Fertilizer application restriction ordinance to allow for the fertilization of personal family gardens.

This was approved and residents will be able to properly care for their family garden

We will set the maximum millage rate and first public hearing for millage rate and budget.

We agreed to set the maximum rate allowed by law.  That does not mean we will  necessarily end up at that rate. It was felt this was done so we could if we needed to.   The feeling is that we should be very frugal with the Town's money while at the same time being responsible in our care of the Town and its residents.

We will be asked to adopt a revised PLEDGE OF CIVILITY by Council members when addressing each other, Town employees and guests at a council meeting.

This was done as our pledge to "be nice" to each other, staff and guests at meetings.  The Florida League of Cities encourages all municipalities to commit to such a pledge



JULY 7, 2014

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We will be discussing suggestions for improving stormwater drainage in the area west of Weber Road  in the vicinity of Atz.   Local Resident Skip Hard will address the Council with his suggestions.

This was a very long but informative discussion.  Stormwater drainage has been an issue in Malabar for a long, long time and will not be solved quickly.  Our Town engineer is spending a good bit of  his time on this  and I do anticipate improvement in the situation.  We are planning a workshop on this at 6:00pm  Tuesday, July 15 at the Town Hall.   Anyone may attend and speak.

We will receive the Audit report  for the fiscal year 2012/2013.

This report was very thorough and reflected good stewardship of our resources.

We will be discussing and acting upon items to be presented to the voters  in referendum form on the November ballot.  Last meeting we voted to put the question on the ballot to increase the term for Town Council members from 2 years to 4 years.  After giving this much thought, I felt an increase to 4 years would be a bit too much and have asked for Council to  reconsider this question and limit the increase to 3 years if at all.  In any case there should be a  2-term limit on any terms exceeding 2 years.      Another  question concerning election of Town Council members would be to ask if  the voters would rather elect the Council member representing their district be elected  by only the voters within that respective district.  

We chose to ask the voters if they want Council member terms to change from the current 2 year terms (maximum of 3 consecutive terms) to 3 year terms (maximum of 2 consecutive terms)  Considerations leading to this was the reduced cost to the Town for elections and the timing of individual council seats relative to off year elections.

As for the question of each district electing its own representative, it was decided not to offer this question to the voters.  Currently Council members must reside in one of 5 districts and be chosen as representative from that district.  However, All council members are voted upon by the entire electorate of the Town.    One council member spoke passionately that what we do as a council affects the entire town and therefore we should be elected by the entire town.     This position was accepted by the majority of the council (3 to 2 vote) The other side of this coin is the possibility of voters in one district mobilizing their vote to help elect a candidate of their choice in another district.  While this is a reasonable possibility, I have yet to see it happen.

If any registered voter in Malabar wants this question on the ballot, he/she may present a petition asking for this question to be placed on the ballot.  This would require the signatures of 10%of the registered voters in Malabar.  (I believe there are over 1900 registered voters here so this would require  in the neighborhood of 200 signatures.


We will also continue discussion of the veto power of the Mayor and if we want this on the November ballot      This will not be on the ballot.  Council members decided to leave this as it has always been.  A veto  by the Mayor essentially results in a reconsideration of the issue and can only be overridden by at least a 4/5 majority of the Council members.

The voters will also be asked in November if we want to continue our current agreement with the Sheriff's office for presence and patrol by deputies in Malabar.  This will appear on the ballot and will include information on the cost.

Approval of franchise fees for exclusive solid waste service will be established.

This was put off until the next meeting

We will appoint a voting delegate from Malabar to the Florida League of Cities

Our Mayor, Carl Beatty was chosen

The Parks and recreation Board is planning the establishment of a  3 flag setup in the park to include the  existing pole, one donated by Brian Vail and one donated by "Flags for Fallen Military" in  memory of my son, CPT Edward Jason Korn.  The  P & R board is requesting permanent lighting be installed to illuminate these flags.

The council did not act upon this because the flags in the center of the Park are normally flown on special occasions and events in the Park.  They would not require night time illumination.

FEC RAILROAD     has offered to sell us the  strip of land east of the Railroad Ave right of way that we were  trying to purchase and as much  more acceptable rate.

We accepted this offer

We will consider exempting the restrictions on fertilizer application on fruits and vegetables.

This will be formally placed of the agenda fore our next meeting and will be restricted to a family garden for the consumption by than family.  Not for a commercial enterprise.



JUNE 16, 2014

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We will receive the Audit Report for Fiscal year  2012/2013

This was put off until our next meeting.  Some corrections need to be made

There are 2 proposed  items to be placed on the referendum Ballot for this November.

The first is asking do we want to continue the MSTU agreement with the Sheriff dept to provide police service to Malabar.  We have  3 possible choices for police protection (our own police dept,  no regular law enforcement presence - response to calls only, or MSTU agreement which provides a deputy assigned to our town 24/7 unless called away to assist in an emergency  elsewhere)  at this council meeting we will decide the final wording for this referendum question  including potential cost.

We decided to include this information in the ballot question with the understanding  that there will be a complete review of the alternatives to MSTU in advance of the election.  MSTU means  "MUNICIPAL SERVICES TAXING UNIT"  This is an agreement with the Sheriff Dept to provide local policing of the Town in addition to only answering calls.  With this agreement the Sheriff dept  will station a deputy on the area 24/7 (unless called to an emergency).  The Sheriff will enforce local laws,  patrol our streets and roads and be basically the "Cop on the Beat".   Alternatives to this is to have our own police dept ( very costly to hire, train and equip officers as well as physical items such as a police station and patrol cars)  or to have no regular police presence in our community.

The second is concerning length of terms for elected officials.  Currently Council Members are elected for 2 year terms with a limit of 3 consecutive terms.  The Mayor is elected for 4 years with a limit of 2 consecutive terms.  Referendum possibilities include possible 3 year terms for Council Members and possible less that 4 year terms for Mayor.

It was decided to offer  to leave the term for the Mayor at  a   4 year term (maximum of 2 consecutive terms) and to change the current 2 year terms (Maximum three terms in a row) for council members to  four year terms (max 2 terms consecutively)  I thought this was a bit much and would rather have set the question at 3 years if we wanted to increase the length of council member  terms

We will discuss our opinion of ALL ABOARD FLORIDA's plan to run an additional 32 trains a day at speeds in excess of 100mph.  Do we want to support this  or not.  How can we protect our safety and peace in the face of this possibility?

We are asking some hard questions about cost and safety.  We are asking how the plans for this AAF will provide for our peace, quiet and safety and are encouraging other communities along the route to ask the same.  AAF is planning to run 32 high speed trains a day through Malabar(16 northbound and 16 southbound) There will be no stops in Brevard, Indian River, St Lucie or Martin Counties.  How does this plan benefit us??????????

We will Award the solid waste contract  for the  coming years

The contract is awarded to WASTE MANAGEMENT for seven years with renewal options after that.  Pick up will  be twice a week as it has been but will be on Tuesday and Friday.  residents will be given 2 containers.  One will be for recyclables (pick one one time a week) and the other for household trash.  You will have the choice of 35, 64 or 96 gallon container.  If it is ever damaged, it will be replaced.  Additionally, you may continue to use other containers or place items beside the container for pickup.  No trash will be left behind either day.   There will be 2 persons on the truck (One driver and one on the back to load and to assist the semi automatic arm pickup. Yard Trash and limbs, etc will be picked up as is currently done on Thursday.  They now will have 2 claw trucks doing this in Malabar.  If necessary this pickup will carry over on Friday.  This contract begins August 23 but the new rates will begin in October.  The rate will be a bit up from where we have been.  It will be  $16.36 per month ($49.08 per Quarter).  This is quite a lot less than the rate asked for by the other bidder.  There is a clause in the contract which allows for the Town to fine WM in the event of unresolved  substantiated complaints.  I really believe we have a good contract here.

We will discuss the nuisance situation in the area east of Corey Road off Beekeeper Rd.  This has been a long-time problem with much partying, drinking, firearm activity, trash dumping,  arson, reckless driving of both ATVs and pickup trucks and other undesirable activity in the area.  Neighbors have complained and fear for their safety.  The Sheriff Dept and other law enforcement agencies are stepping up their presence in the area.  We will consider blocking the road into the area along with searching for other possible solutions.

We are quite concerned about this ongoing problem and are working on possible solutions.   Property owners will be contacted by the Town as well as the Sheriff and asked for "No Trespassing" signs to be posted as well as authorizing the Sheriff to police their property.  There are no homes or buildings on Beekeeper Rd.  That Road will be Barricaded at Corey road to deny access to those who do not belong there.  This will be done in such a manner the fire dept will still be able to get in if they have to.  Anyone damaging, moving or otherwise bypassing these barricades will be subject to arrest and prosecution.




JUNE 2, 2014

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We will be voting on final approval of the duties  of the Mayor and the final approval of the membership and procedures for our various Boards and Committees.

We finalized the action passed last meeting.  I asked that the provision concerning absenteeism of Board Members be clarified.  I wanted it understood that, in the event of a member missing 3 meetings in a row or 25% of the regular meetings in a year, the council would review that person's position on the board and not automatically remove the person from membership.  Council concurred with this understanding.

We will be acting on several recommendations from the Parks and Recreation Board.  This will include the appointment of two new members of this Board.

 We approved the  placement of a bench at the corner of Benjamin Rd and Corey Rd. this will serve both as a seat for the school bus stop there and a resting place for people  walking of running for exercise.  We appointed Pat Foster  to a regular seat and Helena Ausley as alternate.  There is still one vacancy on this Board for an Alternate Member.  It was requested we  put crossing signs and reduce the speed limit to 20mph where the Trail crossed Briar Creek Blvd.  We approved the  signs but set the speed limit at 25mph. (We are restricted by state law from establishing a speed limit lower than 25mph without a formal study to establish the need.)  We also approved their request to expand the cleared and mowed area at Eschenberg Park.


We will be deciding which waste collection company is our choice for future waste collection in Malabar.

After reviewing our scoring of  both proposals, it was our decision to  authorize the Town Administrator to negotiate a contract with Waste Management and report to our next Regular Town Council Meeting (June 16).  We will make our final decision at that time.   Malabar Town Code directs we shall choose the "lowest and best" proposal.   I will say that both companies, (Waste Pro being the other), looked good to the Council and either would do well.  We felt more favorable with some of the specifics of the Waste Pro proposal and that it best fit the above directive.

We will set a definite time of year for annual  performance reviews for the Town Administrator  and for the Town Clerk/Treasurer.

The Town Administrator will be evaluated the  second meeting in April and the Town Clerk/Treasurer will be evaluated the second meeting in August.

We will be setting the dated for the workshops to develop budget recommendations for the 2014/2015 fiscal year.

These are tentatively set for July 8, August 12 and August 26.  There was much discussion about including other citizens of Malabar in the meetings.  Our consensus is that all Malabar residents are welcome and encouraged to attend these meetings.  The schedule of meetings will be finalized at out June 16 meeting.

I brought up a resident's complaint about the nuisance activity east of Corey Road on Beekeeper Rd.   This has been a problem for many  years and seems to be getting worse. in the last 2 weeks there has been fires, firearm discharge, reckless driving, drinking and other unacceptable activity in the area.  This resident does not feel safe in his own home.   The Sheriff's dept has promised help and  has enlisted the assistance of another agency with vehicles better able to enter the area.  Owners of the property in the area are being contacted for their assistance.    This  will be an agenda item at our next meeting.

At out next meeting, we will be deciding if we will make a proposal or comment to the Florida league of Cities annual meeting.  I suggested we look at the proposal by All Aboard Florida to add 32 trains a day through our tow and speeds approximating 125MPH.  It is my feeling that there is no economic or cultural benefit to our town and that such activity will clog our roads crossing the tracks and drastically increase the danger to our citizens.



MAY 19, 2014       This meeting will begin at 7:30pm   at the Town Hall.

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We will be formally outlining the duties and powers of the office of Mayor.

Malabar town government  authority rests mainly in the Council.  The Town Council  has final authority.
Basically the powers and duties of Mayor remain the same as they have been for many years..  As the titular head of our government, the Mayor declares proclamations, represents the Town in public meeting and events, and votes on an issue before the Council in case of a  tie.  He has the power of veto over  new ordinances.  This must be done within 5 business days of the final approval of said ordinance and this veto may be overridden by a 4/5 vote of the Council.  The Mayor is also in charge in  any "State of Emergency".  Council may also designate other tasks and responsibilities to the Mayor.

We will be conducting a performance evaluation and review for both the Town Administrator and the Town Clerk.  These are supposed to be done annually but have not been done for several years.  This had been scheduled for an earlier meeting but was postponed until this meeting due to the absence of a council member.  We felt all Council members should be present for this discussion.

This was a very informative and  productive time.  Council members were frank in their comments but not abusive.  Several suggestions were put forth and we will review response to these by both the Town Administrator and Town Clerk at our first meeting in September.

We plan to adopt to cover procedures covering all of our volunteer Boards.  (Parks & Recreation  -Planing & Zoning  -  Board of Adjustment  -  Trails and Greenways Committee)   I have asked should the Springfest committee be included in this discussion as well?


First, The Springfest committee is considered an "adhock committee" and therefore not included in this discussion.
Appointments to both regular and alternate seats on a board are the responsibility of the Council.  Should a vacancy occur for a regular seat on a board, the Council shall appoint a replacement.  This should come from  the Alternate members of said board if a qualified person is available.
After much discussion, it was decided that a person may be removed from a Board if that person misses 25% of the meetings in any one year period or misses three meetings in a row.  I felt this was a bit  too  structured and some leeway should be left for extenuating circumstances.  But, The rest of  the Council felt it should be this way.  My attempt to illustrate there are good reasons for missing a meeting for which the Board member should not be penalized was met with  an emotional outburst by a colleague so much that the point of my illustration was completely lost.




MAY 5, 2014      This meeting will begin at 7:30pm at the Town Hall.

The URL for the official posting of the Agenda for this meeting is


We will be continuing with  plans to resolve the property  rights and right of way issued on the north portion of W. Railroad Ave.  A legal agreement has been drawn by the Town Attorney and we will consider this proposed resolution.

We passed the resolution as drawn by the Town Attorney to vacate a  small portion of the right of way that, years ago was actually part of the property in question.  This will allow the affected businesses to continue to operate as they have for many years and relieve the town of liability obligations on this property.  The resolution also  protects the passage of vehicles going north from Malabar Road on this "road".  I put this in " " because this was never accepted, developed or maintained by the Town as a road.  The only recent maintainence of this has been done by adjacent property owners.

**We will be clarifying the Mayoral Veto process and requirements.


**We will be conducting a performance evaluation and review for both the Town Administrator and the Town Clerk.  These are supposed to be done annually but have not been done for several years.

Staffing of the Fire Department on a 24/7 basis will be discussed and established.

We approved the  funding of 4 lieutenants to man the Fire station on a 24/7 basis.  This will guarantee better service and response time to emergency situations.  We have had some council workshops to discuss the Fire Department and this action is result of  recommendations from these workshops.  I
our fire department, which has always served the town well,  is really progressing  toward being even better to meet the growing needs of the town.

We will consider buying a new vehicle for the Fire Chief through the Sheriff's association State approved bid process.  This would replace  the 2 current vehicles which are not considered reliable.

The sedan and jeep the fire department supervisors have been using are basically worn out and a are not really reliable.  After much discussion of various options, we decided to purchase a new Chevrolet quad cab pickup truck.  We considered warranty features and projected service life of this and feel, given proper care, we should get near 15 years of service.  This vehicle can carry equipment in the cargo area and  4 firefighter (in bunker gear) in the cab.  We will be  making this purchase through the Florida Sheriffs'  Association state bid plan, resulting in considerable savings.
(**  These items are being moved to the May  19 meeting at the request of council; member Acquaviva.)  (She will miss this meeting and wants these items considered when she is present.)



APRIL 14, 2014    This meeting will begin at 7:30pm at the Town Hall.

The URL for the official posting of the Agenda for this meeting is



We will be deciding the date for the 2015 Springfest.  Possible dates ate March 26,  April 4 (Day before Easter) and April 11.  We will also  decide if the "COWBELL RUN" will be the day of Springfest or another day.

The 2015 Springfest is scheduled for Saturday, March 28, 2015

The duties of the Mayor will be set at this meeting to include the Mayoral responsibilities,  and veto exercise

Action on this item was deferred until the first meeting in May.  Mr Milucky was out of town and wanted this to be considered at a meeting when he was present.

We will decide  on what  corrective action will be taken reference property rights and right of way issues along W Railroad Ave.  This will involve decisions about Kempfer Feed's hay trailers and AAA Storage's fence.  Both of these encroach on the right of way.  There is some question about the status of this road.

After discussing several options available  the Council directed the Town Attorney to work with the Town Administrator on a document which would promote a fair and legal settlement without inconveniencing others in the area.  This is to be presented at the first Council meeting in May.

Council will do a performance review of  both the TOWN ADMINISTRATOR  and the TOWN CLERK.

This item was also deferred until our next meeting to allow for participation with all Council members present.

Council will consider raising the Storm water  fee.

Council voted to keep this fee at its current rate


Advisory Board composition, responsibilities  and procedures

Composition and terms of Board membership was clarified.  Term are set at 3 years for each seat with renewals to be staggered over three years.  In the event of an early vacancy, the replacement shall be seated for the remainder of that seats  term.
The "pecking order" for alternates shall be recommended internally by each  board and certified by Council.

Medical  Marijuana legalization will probably be on the ballot this Fall.  Do we want to take a stand on this issue?

 In anticipation of the possibility of this referendum passing, we want to be prepared with zoning and code requirements relating to the possible sale within our town.

APRIL 7, 2014       This meeting will begin at 7:30 pm at the Town Hall.

  The URL for the official posting of the Agenda for this meeting is:



We will be deciding whether to extend the current contract with WASTE MANAGEMENT or put the item our for competitive bidding.

WASTE MANAGEMENT  made a presentation at the last council meeting and will have a representative at this meeting

WASTE PRO   will give a presentation outlining outlining their respective service plans  should they be chosen as

 our waste and trash pickup company.

REPUBLIC SERVICES  will also make a similar presentation.

You may want to be there for these and get answers to any questions you may have about this service.

The council decided to put this out for bid .
The advertisement will go out right away.   There will be a special meeting of the Council on Tuesday, May 27, at 7:00pm to consider our choice.  The current contract with Waste Management is set to expire August 22 and whomever the Council chooses will begin on August 23.
We have had introductory presentations by the three companies above and expect each of them will bid.  It is possible other companies will also bid.


FINAL READING OF MALABAR'S FERTILIZER APPLICATION ORDINANCE.   In the  interest of protecting the Indian River lagoon and other environmental concerns,  all municipalities and other governmental entities in Florida are developing  ordinances to regulate the application of fertilizer in out area.

There was some confusion at the beginning because the ordinance in this packet was not identical to the original proposed ordinance from the first reading.  This was corrected and the Council passed this.  It is effective immediately.
I will have the ordinance posted on this site soon.  Basic provisions are
no fertilizer application within 10 feet of a body of water (from pond to river, etc).  Fertilizer application is forbidden during June, July, August and September  because this is considered the rainy season and runoff will damage our water supply.   There are exceptions such as  farm lands.


PARKS AND RECREATION BOARD  recommends informative signs to be placed at various locations in Town.

These would show current and upcoming activities in Malabar.

This proposal was well received by the Council but was sent back to the Parks and Recreation Board for clarification on specifics.


LONG COUNCIL MEETINGS   we will discuss what to do in the event a Council meeting is at risk of continuing beyond 10:30 pm.

The procedure of the Council has been to adjourn at 10:30pm unless extended by a unanimous vote of members present.  I made 2 suggested revisions:  first to halt at 10:15 and prioritize any remaining issues before the Council and then continue until 10:30.  This was passed.  My second proposed change was to allow us to continue beyond 10:30 by majority vote.  This failed 4-1(me) as the others on the Council felt any extension should be unanimous.

TOWN ADMINISTRATOR CONTRACT.  Our current Town Administrator will have her 7 year anniversary later this month.  Council will be reviewing this contract .

We have been given evaluation forms to complete concerning our Town Administrator.  These are to be completed prior to the April 21 meeting and be discussed at that meeting.














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