TOWN COUNCIL MINUTES September 17, 2001

This meeting of the Malabar Town Council was held at the Town Hall at 2725 Malabar Road.

ROLL CALL: MAYOR/CHAIR: PHILLIP CREWS VICE-CHAIR: CHARLENE HORTON - EXCUSED COUNCIL MEMBERS: TOM ESCHENBERG HENRY DEKKER NANCY TINIO-BORTON STEVE RIVET ADMINISTRATOR: WILLIAM HALL ATTORNEY: KARL W. BOHNE, JR. CLERK: SUSAN KABANA

Also present were Jim Phelps, Building Official, and Chuck McClelland, Fire Chief.

The meeting was called to order at 7:30pm by the Mayor. He opened the meeting with a moment of silence for the victims and the families of the victims of the September 11th terrorist attack in New York City, Washington, and Pennsylvania. The prayer and pledge were lead by the Mayor.

ADDITIONS AND DELETIONS TO AGENDA: None.

CONSENT AGENDA: MOTION: Tinio-Borton/Rivet to approve. VOTE: All aye.

REPORTS: TRAILS AND GREENWAYS VOLUNTEER COORDINATOR Richard Cameron – there will be a check presentation at 2 pm on October 12th at the trail head. The check is for a grant to cover to cost of the parking lot, bike racks, and more. Cameron went to Orlando to check out a pavilion style that would be appropriate for our trail head. They have begun work on the Cameron Preserve at the north end of Corey Road, they may need to put up a chain link fence to keep out traffic. Dekker – can Cameron help block traffic that comes from the south end of Briar Creek? Cameron – they are working on that also. Cameron notes that October is Trails and Greenways month. He also notes that the FEC land off Marie Street may be sold and the Town stands a chance of acquiring some of that land.

ATTORNEY: Bohne – as of right now no trial date had been set by the court for the Brook Hollow issue. He began using the discovery process to learn what documentation and what evidence the petitioner, BML, has in support of this breech of contract act. He also drafted a motion to abate this case because a preliminary plat has been filed for phases II and III of Brook Hollow. And Bohne is of the opinion that before the litigation gets started the issues relative to the preliminary plat must be decided. When the appellate court made its ruling they avoided a significant amount of issue and remanded the case back to the Town for further proceeding to provide procedural due process for the petition. One of the comments the court made was that they need a better record of additional evidence in order for anyone to take a look at whether or not an actual breech of contract happened. The best place to do that is at the administrative level which is the review process of the preliminary plat when it comes up to the Council for review. That is a whole new ball game, the Council will take a look at it, make decisions, and go from there. Therefore, he feels that it is appropriate to have the litigation abated and let the administrative process do what needs to be done. Rivet – does abate mean to put it on hold? Bohne – yes.

ADMINISTRATOR: Hall – Tinio-Borton, Ron Jones from Brevard County, and himself met with Mr. Krieger and the issue was resolved. There will be a controlled burn on the EELS property on Malabar Road, they are planning on October and November. The most critical issue will be the Country Cove residents and Hall has instructed the County to keep them informed.

CLERK: Candidate qualifying began on the 7th and runs through the 21st. Three people picked up a packet. Bobbi Mosher picked up a packet from District 4, Bob Rossman and Nona Swann are both from District 5.

Mayor – reads a letter of condolence from the Mayor of Orhangazi regarding the September 11th terrorist attack. He also states that September 21st is the national POW/MIA recognition day and there will be a ceremony to honor the occasion at the Veterans Memorial Center at 7 pm. It is open to the public.

PUBLIC HEARING: 1. ORDINANCE 01-02, SECOND READING: FINAL 2001/2002 MILLAGE Mayor – opens the public hearing. He reads Ordinance 01-02 in its entirety.

NOTE: THESE ARE DRAFT MINUTES. ORD 01-02 WILL BE INSTERED AT THIS POINT (WE CANNOT ACCESS THE SERVER DUE TO A VIRUS)

Mayor – asks for public comment. Bill Withers, Candy Lane – feels we keep raising taxes for the same things that the taxes were already raised for, like paving roads, feels we are paying for the same things over and over. Mr. Vitaliano, Corey Road – how did you come about this millage rate? Eschenberg – for the past six years the process has been that the staff prepares the budget and then the Council approves it. Mayor – asks for additional comments from the public, being none, he closes the public hearing. MOTION: Tinio-Borton/Dekker to approve. Eschenberg – is not in favor of this increase, Brevard County did not increase taxes and Orange County took the roll-back. Hates to see where we will be in 10 years. VOTE: Aye – Tinio-Borton, Rivet, Dekker. Nay – Eschenberg.

2. ORDINANCE 01-03, SECOND READING: FINAL 2001/2001 BUDGET Mayor – opens the public hearing. He reads Ordinance 01-03 in its entirety.

NOTE: THESE ARE DRAFT MINUTES. ORD 01-02 WILL BE INSTERED AT THIS POINT (WE CANNOT ACCESS THE SERVER DUE TO A VIRUS)

Mayor – asks for public comment. Mr. Vitaliano – he protests the way we are taxed, feels that we are taxed to death and not everyone is paying their fair share. Mayor – asks for additional comments from the public, being none, he closes the public hearing. MOTION: Dekker/Tinio-Borton to approve. Eschenberg – suggests that Council Members visit other towns and see how they operate without ad valorem taxes, we obviously don’t know how to do it. Bohne – notes that the City of West Melbourne (who does not have an ad valorem tax) makes a significant amount of money on their water services. Kabana – she lives in West Melbourne and knows that their permitting fees are very high compared to what Malabar charges. VOTE: Aye – Tinio-Borton, Rivet, Dekker. Nay – Eschenberg.

ACTION ITEMS: 1. RESOLUTION 13-01: ACCEPTING THE DEDICATION OF CERTAIN REAL PROPERTY FROM THOMAS A. AND JEANETTE M. GHESQUIERE ALONG ALLEN STREET MOTION: Eschenberg/Rivet to read by title only. VOTE: All aye. Mayor read:

NOTE: THESE ARE DRAFT MINUTES. RES 13-01 WILL BE INSTERED AT THIS POINT (WE CANNOT ACCESS THE SERVER DUE TO A VIRUS)

MOTION: Eschenberg/Tinio-Borton to approve. VOTE: Aye – Tinio-Borton, Rivet, Eschenberg, Dekker.

2. ORDINANCE 01-04, FIRST READING: REVISION OF CANDIDATE QUALIFYING FOR THE 2002 GENERAL ELECTION MOTION: Eschenberg/Tinio-Borton to read by title only. VOTE: All aye. Mayor read:

NOTE: THESE ARE DRAFT MINUTES. ORD 01-04 WILL BE INSTERED AT THIS POINT (WE CANNOT ACCESS THE SERVER DUE TO A VIRUS)

MOTION: Tinio-Borton/Rivet to approve. VOTE: Aye – Tinio-Borton, Rivet, Eschenberg, Dekker.

PUBLIC COMMENTS: Ed Mittler – was burglarized and informed the Town to see if the Town could do anything about increased police patrol in Malabar. After much discussion Eschenberg asked why Malabar couldn’t utilize the Citizens on Patrol program. All members of Council and the audience were excited about this suggestion and there will be something on the next agenda regarding this program. Mittler – he hopes we can continue to work on a comprehensive drainage program for the Town. Crews – we have one and continue to work on it.

REPORTS: MAYOR, COUNCIL - Dekker – nothing at this time. - Rivet – Gloria Perry would like a cub scout pack to recite the pledge at the next Council meeting. Kabana – will arrange it. - Eschenberg – don’t let the Citizens on Patrol idea drop. - Eschenberg – we have had a wonderful year, we are only up to ordinance 04-01, it is good to know that we have not passed a lot of laws restricting the citizens of this town this year. - Tinio-Borton – asks about phone calls that were received today. Crews – notes that our attorney, Rick Torpy, has given verbal notice that he is resigning.

Mayor adjourned the meeting at 9 p.m.

BY:

Mayor Phillip R. Crews, Chair

ATTEST:

Susan Kabana, CMC Town Clerk/Treasurer

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