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Malabar council approves first reading to shift large open‑burn permitting to state, appoints Trails & Greenways alternate

Malabar Town Council · February 2, 2026
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Summary

On Feb. 2 the Malabar Town Council approved first reading of Ordinance 2026‑01 to remove town permitting for open burns larger than 9'x9' and unanimously appointed Kristina Finnigan as an alternate to the Trails & Greenways Committee (Resolution 03‑2026).

At its Feb. 2 meeting the Malabar Town Council approved the first reading of Ordinance 2026‑01, which amends Chapter 8 (Fire Prevention and Protection) of the Malabar Code of Ordinances to remove town authority to issue permits for open burns larger than 9 feet by 9 feet and designate the State as the permitting authority for such burns.

Richard Kohler, the town clerk/treasurer, told council the change reflects the state becoming the permitting entity for open burns larger than 9'x9' and that under the proposed ordinance sections 8‑75, 8‑76, 8‑81 and 8‑82 would be repealed and section 8‑83 amended. Council Member Marisa Acquaviva moved approval of the first reading and Council Member Wayne Abare seconded. Roll‑call votes were recorded as: Council Member Mary Hofmeister, Aye; Council Member Marisa Acquaviva, Aye; Council Member Wayne Abare, Aye; Council Member Jim Clevenger, Aye; Council Member Frederick Heiler, Aye. The motion carried 5‑0. Staff will schedule a legally advertised public hearing at a future regular town council meeting for final approval.

The council also approved Resolution 03‑2026 appointing Kristina Finnigan as an alternate member of the Trails and Greenways Committee. The clerk said Finnigan submitted a completed application and meets the minimum requirements for committee membership. The motion to approve the resolution was made by Council Member Mary Hofmeister and seconded by Council Member Frederick Heiler. Roll‑call: Council Member Marisa Acquaviva, Aye; Council Member Wayne Abare, Aye; Council Member Jim Clevenger, Aye; Council Member Frederick Heiler, Aye; Council Member Mary Hofmeister, Aye. Motion carries 5‑0.

No council member requested additional amendments during the meeting. Mayor Steve Rivet confirmed he would sign a separate letter on behalf of the town to state representatives on a different subject (opposition to removing property‑tax authority), but that item was handled as consensus and not as a formal ordinance or resolution at this meeting.

The meeting adjourned at 7:22 p.m.