MINUTES 09-03

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[ Town Council - Meeting Minutes ]
MINUTES 09-03

TOWN OF INDIALANTIC

Brevard County, Florida  32903

REGULAR TOWN COUNCIL MEETING

December 16, 2008 Town Hall

MINUTES 09-03

MINUTES OF A TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON DECEMBER 16, 2008

PRESENT:      Hon. Dave Berkman, Mayor

Hon. Vince Benevente, Deputy Mayor

Hon. Mike Borysiewicz, Councilmember

Hon. Loren Goldfarb, Councilmember – arrived 7:20

Hon. Lori Halbert, Councilmember

Paul Gougelman, Town Attorney

Christopher W. Chinault, Town Manager

Laura Eaton, Town Clerk

This meeting was tape recorded.  Records are indexed and filed for ready reference where such have been summarized in typed minutes.

I.     CALL TO ORDER AT 7:00 PM

Mayor Berkman called the meeting to order at 7:00 PM.

II.           PLEDGE OF ALLEGIANCE

III. PUBLIC

A.     Presentation of check to Cindy Doloway, representing the Sea Turtle Preservation Society, by Cathy Berkman and Brooke Deratany Goldfarb, Chairpersons of the Witch Way 5K and Mayor Berkman

Ms. Doloway accepted a check in the amount of $3,626.00 on behalf of the Sea Turtle Preservation Society, and thanked everyone for their support.  Ms. Deratany Goldfarb thanked all the committee members and other volunteers for their dedication and support.

B.     Others

Jenifer Marx, 205 Orlando Blvd., Chairperson of the Heritage Committee, thanked the Council for supporting the efforts of the Committee, presented Councilmembers with postcards from the photo contest and updated them on their upcoming projects.

Helen Yarbrough, 325 Oakland Avenue, advised that the Friday at Fifth Committee is planning a chili cook off competition on January 23rd and invited Council to participate along with the Fire Department and Police Department.

IV. PUBLIC ANNOUNCEMENTS

The Town Clerk read the following announcements:

A.     There are currently openings on the Board of Adjustment, General Employees’ Pension Board, Civil Service Board, Zoning and Planning Board and Code Enforcement Board

B.     There will be openings, including reappointments, on the Board of Adjustment, Budget and Finance Committee, Civil Service Board, Zoning Board, Code Enforcement Board, Parks and Recreation Committee and General Employees’ Pension Board in January

C.     Town Hall will be closed December 24 and 25 for Christmas and January 1 – New Year’s Day

V. CONSENT AGENDA

A.     Minutes No. 09-02– Regular Meeting – November 18, 2008

B.      Approval of Council sanction of a Friday festival in Nance Park on April 17, 2009 and on October 16, 2009 (requested by Councilmember Halbert)

C.     Ratification of agreement with the Coastal Florida Police Benevolent Association (PBA)

D.     Adoption of the public participation policy

E.      Authorization for the placement of a banner promoting Friday Fest events in calendar year 2009

Councilmember Halbert requested that Item C be removed for discussion.

Deputy Mayor Benevente moved to approve Items A, B, D and E.  Councilmember Halbert seconded.  Motion carried unanimously.

C.     Ratification of agreement with the Coastal Florida Police Benevolent Association (PBA)

Councilmember Halbert received additional information from Town Manager Chinault.

Deputy Mayor Benevente moved to approve Item C.  Councilmember Halbert seconded.  Motion carried unanimously.

VI. APPOINTMENTS

A.     Board of Adjustment – 3 openings.  Bud Evans and Doug Wright would like to be reappointed

Deputy Mayor Benevente moved to reappoint Mr. Evans and Mr. Wright.  Councilmember Halbert seconded.  Motion carried unanimously.

B.      Zoning and Planning Board – 3 openings.  Rick Bertel,  John B. MacNeill and Mike McCabe would like to be reappointed

Deputy Mayor Benevente moved to reappoint Mr. Bertel, Mr. MacNeill and Mr. McCabe.  Councilmember Halbert seconded.  Motion carried unanimously.

C.     Civil Service Board – 2 openings.  Charles Allsopp would like to be reappointed

Councilmember Halbert moved to reappoint Mr. Allsopp.  Deputy Mayor Benevente seconded.  Motion carried unanimously.

D.     Code Enforcement Board – 2 openings.  Ron Campbell would like to be reappointed.  Application received from Donna Braunlich

Deputy Mayor Benevente moved to reappoint Mr. Campbell and appoint Ms. Braunlich.  Councilmember Halbert seconded.  Motion carried unanimously.

VII. ORDINANCES AND RESOLUTIONS

A.     Ordinance 09-02 – Extending the sunset provision relating to transient signs

1.     Second reading – by title only

The Town Clerk read the ordinance by title only.

2.     Public hearing and adoption

There were no public comments.

Deputy Mayor Benevente received clarification on the expiration date.

Councilmember Borysiewicz moved to adopt Ordinance 09-02.  Councilmember Halbert seconded.  Motion carried unanimously.

B.      Ordinance 09-03 – Extending the sunset provision relating to outdoor display in the C-2 zone

1.     Second reading – by title only

The Town Clerk read the ordinance by title only.

2.     Public hearing and adoption

There were no public comments.

Councilmember Halbert moved to adopt Ordinance 09-03.  Councilmember Borysiewicz seconded.  Motion carried unanimously.

C.     Ordinance 09-04 – Amending Sec. 3.02, Town Charter, relating to designation of an acting Town Manager during a temporary absence

1.     First reading – by title only

The Town Clerk read the ordinance by title only.

2.     Public hearing and adoption on first reading

There were no public comments.

Mayor Berkman received clarification that this will be on the ballot in November should there be an election.  Attorney Gougelman advised that a mail ballot election is possible for referendum items only.

Councilmember Halbert moved to adopt Ordinance 09-04.  Councilmember Borysiewicz seconded.  Motion carried unanimously.

VIII. UNFINISHED BUSINESS

A.     Discussion and possible action regarding business tax receipts (requested by Councilmember Goldfarb)

Attorney Gougelman presented a memorandum clarifying the statute noting that changes can be made only during a biennial review.  Councilmember Goldfarb thanked Attorney Gougelman for his research and is satisfied with no further action being taken.

IX.   NEW BUSINESS

A.     Discussion and possible action regarding lowering the speed limit on First Avenue

Town Manager Chinault presented background on the study regarding the speed limit on First Avenue and recommended that it be lowered to 20 mph.

Deputy Mayor Benevente moved to approve lowering the speed limit to 20 mph.  Councilmember Halbert seconded.  Motion carried unanimously.

B.      Discussion and possible action regarding Council goals and objectives for 2009

Mayor Berkman requested that Council members individually submit their goals and objectives to Town Manager Chinault by January 12th.  Town Manager Chinault advised that last year a list was submitted but Council did not adopt the list.

C.     Discussion and possible action regarding the Fifth Avenue Committee (Requested by Mayor Berkman)

Mayor Berkman noted that no size and term limits were set when the Task Force was changed to a committee at the August Council meeting.

Helen Yarbrough, 325 Oakland Avenue, addressed downsizing the Committee through attrition, the criteria for replacing members and renaming the Committee to the Town Center Committee.

Jenifer Marx, 205 Orlando Blvd., reported that Fourth and Sixth Avenues need to be included in the Committee’s vision.

Council requested that Chairperson Yarbrough draft a Charter and present it at the next meeting.

Mayor Berkman moved to limit the Fifth Avenue Committee to 12 members with a one (1) year term beginning August, 2008.  Councilmember Borysiewicz seconded.  Motion carried unanimously.

X. ADMINISTRATIVE MATTERS

A.     Report from Town Manager

Statistical Reports – December, 2008

Town Manager Chinault reported on the progress of the turtle lights on Wavecrest.

B.     Report from Town Attorney – Attorney Gougelman had no report.

XI. REPORTS

A.     Mayor Berkman reported on the dress code for Council and spoke about his testimony at the County Commission on beach renourishment.  Mayor Berkman thanked Ron Cassedy and his staff for a great job at the tree lighting ceremony.  Mayor Berkman announced that Councilmember Halbert is excused for next month’s meeting.

B.     Deputy Mayor Benevente reported that the next meeting of the Space Coast League of Cities is January 12 at the Yellow Dog Cafe.

C.     Councilmember Borysiewicz had no report.

D.     Councilman Goldfarb apologized for being late and reported on the status of the Town’s website.

E.     Councilmember Halbert had no report.

XII. ADJOURNMENT

The meeting was adjourned at 8:00 PM.

TOWN OF INDIALANTIC

___________________________

Dave Berkman

Mayor

ATTEST:________________________

Laura Eaton, CMC

Town Clerk

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