MINUTES NO. 09-08

This material was filed under
[ Town Council - Meeting Minutes ]
MINUTES NO. 09-08

TOWN OF INDIALANTIC
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
April 21, 2009 Town Hall
MINUTES NO. 09-08

MINUTES OF A TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 21, 2009

PRESENT: Hon. Dave Berkman, Mayor
Hon. Vince Benevente, Deputy Mayor
Hon. Mike Borysiewicz, Councilmember
Hon. Loren Goldfarb, Councilmember
Hon. Lori A. 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

IV. PUBLIC ANNOUNCEMENTS

The Town Clerk read the following announcements.

A. There are currently openings, including reappointments, on the Budget and Finance Committee, Civil Service Board, General Employees’ Pension Board, Heritage Committee and Parks, Recreation and Beautification Committee

B. There will be openings, including reappointments, on the Civil Service Board, Code Enforcement Board, Police/Fire Pension Board, General Employees’ Pension Board, Zoning and Planning Board and Parks, Recreation and Beautification Committee in May

V. CONSENT AGENDA

A. Minutes No. 09-07 – Regular Meeting – March 17, 2009

B. Approval of Resolution No. 09-04 supporting State funding for education (Requested by Mayor Berkman)

C. Approval to engage Joseph Colombo to represent the Town as prosecuting attorney for code enforcement matters

D. Approval to renew the agreement with the Florida Department of Transportation for reimbursement for maintenance of non-paved portions of US-192 and SR-A1A for the period of August 14, 2009 to August 14, 2010

Deputy Mayor Benevente requested item B be removed for discussion.

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

Deputy Mayor Benevente noted that Satellite Beach revised their resolution.

Deputy Mayor Benevente moved to approve Item B. Councilmember Goldfarb seconded. Motion carried unanimously.

VI. APPOINTMENTS

A. Budget and Finance Committee – 1 opening. Eugene Terkoski would like to be reappointed

Deputy Mayor Benevente moved to reappoint Eugene Terkowski. Councilmember Goldfarb seconded. Motion carried unanimously.

B. Heritage Committee – Carol Andren, Denise Bozeman, Jenifer Marx and Irene Quilleux would like to be reappointed

Councilmember Goldfarb moved to reappoint Carol Andren, Denise Bozeman, Jenifer Marx and Irene Quilleux. Councilmember Halbert seconded. Motion carried unanimously.

C. Parks, Recreation and Beautification Committee – Betty Preece would like to be reappointed. Application received from Chris Campbell and Andrea McKoy-Zeppuhar

Deputy Mayor Benevente moved to reappoint Betty Preece. Councilmember Halbert seconded. Motion carried unanimously.

Councilmember Halbert moved to appoint Chris Campbell and Andrea McKoy-Zeppuhar. Councilmember Borysiewicz seconded. Motion carried unanimously.

D. Space Coast League of Cities Intergovernmental Committee Alternate

Town Manager Chinault advised that the League is requesting that an alternate be appointed. Deputy Mayor Benevente was unanimously voted to be the alternate.

VII. ORDINANCES AND RESOLUTIONS

A. Ordinance 09-09 – Amending Sec. 17-106 relating to grand opening signs and banners

1. Second reading – by title only

Town Clerk read the ordinance by title only.

2. Public hearing and adoption

There were no public comments

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

B. Ordinance 09-10 – Amending Sec. 15-7 – Temporary street closures

1. First reading – by title only

Town Clerk read the ordinance by title only.

2. Public hearing and adoption on first reading

There were no public comments.

Deputy Mayor Benevente moved to approve Ordinance 09-10. Councilmember Goldfarb seconded.

Councilmember Halbert received clarification from the Town Manager that this codifies action taken by a previous Council.

Motion carried unanimously.

C. Ordinance 09-11 – Amending Sec. 16-1 and repealing Sec. 16-2 and 16-3 relating to trees abutting Town streets

1. First reading – by title only

Town Clerk read the ordinance by title only.

2. Public hearing and adoption on first reading

Deputy Mayor Benevente moved to approve Ordinance 09-11. Councilmember Goldfarb seconded for discussion.

Randy Greer, 501 N. Ramona Avenue, recommended that the responsibility for pruning and removing trees abutting the street remain with homeowners and suggested that the time frame for residents to prune or remove dead trees be reduced from 30 to 14 days.

Larry Michelson, member of the Parks, Recreation and Beautification Committee, received clarification as to who is responsible for streetlights.

In response to a question from Councilmember Goldfarb, Town Manager Chinault advised that the current language could present a liability issue and that the Town would trim only when there is a hazard or visibility problem.

Councilmember Borysiewicz recommended reviewing the entire code relating to trees and shrubs.

The motion to approve Ordinance 09-11 on first reading carried unanimously.

VIII. UNFINISHED BUSINESS

IX. NEW BUSINESS

A. Discussion and possible action regarding a proposal from Eligere Strategies to represent the Town in Tallahassee through the current legislative session at a cost of $700

Mitch Needelman, representing Eligere Strategies, gave background information on the company and advised that they represent small communities by working to provide exemptions to proposal legislation that restricts revenue opportunities, particularly as it relates to growth management regulations. He noted that he will agree to extend the time frame for engaging the company at a cost of $700 through September.

Deputy Mayor Benevente moved to approve engaging Eligere Strategies. Councilmember Goldfarb seconded. Motion carried with Councilmember Borysiewicz voting “nay”.

B. Discussion and possible action regarding allowing sidewalk sales during the Friday @ Fifth events without requiring a permit each time (Requested by Councilmember Halbert)

Councilmember Halbert advised that the businesses on Fifth Avenue would like to hold sidewalk sales during special events or events sanctioned by the Town and inquired about expediting the process.

Helen Yarbrough, Chairperson of the Town Centre Committee, noted that this was a concern mentioned by the business owners as part of the task force survey.

Attorney Gougelman advised that the insurance coverage required by the code is based on sovereign immunity. He explained that the code allows two types of sales: a Town-wide sale approved by Council resolution and individual sidewalk sales, both of which require proof of liability insurance.

Council agreed to table this item until the May meeting and to have the Town Manager further review the code section.

C. Discussion and possible action regarding providing three “Golf Cart Parking Only” spaces on Wavecrest Avenue (Requested by Councilmember Halbert)

Councilmember Halbert suggested that golf cart only parking spaces be designated on Wavecrest Avenue and advised that proceeds from Friday @ Fifth events would pay for striping the spaces, bumper stops and signs.

Town Manager Chinault noted that there is room for three spaces on the west side of Wavecrest Avenue just south of Fifth Avenue.

Councilmember Halbert moved to approve providing three parking spaces for golf carts only. Mayor Berkman seconded. Motion carried unanimously.

X. ADMINISTRATIVE MATTERS

A. Report from Town Manager
An update was given regarding the website

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

XI. REPORTS

A. Mayor Berkman had no report

B. Deputy Mayor Benevente reported that the Town is co-hosting the next SCLOC meeting on May 11, 2009. They also have a new website at www.scloc.org.

C. Councilmember Borysiewicz had no report

D. Councilmember Goldfarb had no report

E. Councilmember Halbert had no report

XII. ADJOURNMENT

The meeting was adjourned at 8:15 PM.

TOWN OF INDIALANTIC

___________________________
Dave Berkman
Mayor

ATTEST: ________________________
Laura Eaton, CMC
Town Clerk

'.