December 9, 2009

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[ Town Council - Meeting Minutes ]
December 9, 2009

TOWN OF INDIALANTIC

Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING

December 9, 2009 Town Hall
MINUTES NO. 10-03

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON DECEMBER 9, 2009

PRESENT: Hon. Dave Berkman, Mayor

Hon. Loren Goldfarb, Deputy Mayor

Hon. Chris Campbell, Councilmember

Hon. Lori A. Halbert, Councilmember

Paul Gougelman, Town Attorney

Christopher W. Chinault, Town Manager

Laura Eaton, Town Clerk

ABSENT: Hon. Mike Borysiewicz, Councilmember (Excused)

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. Mitch Needelman – Eligere Strategies

Mr. Needelman gave an update on upcoming legislative issues concerning the Town specifically relating to TABOR, Comprehensive Plan amendments and legal notices. He recommended that members of the Council be available to address committee members beginning in Tallahassee in January.

B. Others

IV. PUBLIC ANNOUNCEMENTS

The Town Clerk read the following announcements:

A. There are currently openings, including reappointments, on the Board of Adjustment, General Employees’ Pension Board, Zoning and Planning Board, Town Centre Committee and the Parks, Recreation and Beautification Committee

B. There will be openings, including reappointments, on the Budget and Finance Committee, Parks, Recreation and Beautification Committee, and the Zoning and Planning Board in January

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

V. CONSENT AGENDA

A. Minutes No. 10-02 – Regular Meeting – November 17, 2009

B. Authorization for the Knights of Columbus to utilize lots 12 through 15, Block 65 for a parking area fund-raiser on January 16 and 17, 2010 during the Art Show

C. Approval of Justice Assistance Grant (JAG) application in the amount of $4,735 – no local match

D. Approval of the Agreement with the Florida Division of Emergency Management for a $35,000 project to replace the bay doors and shutter/replace the windows in the fire station ($26,250 FEMA; $8,750 local)

E. Resolution 10-03 – Supporting the 2010 Census

Mayor Berkman moved to approve Consent Agenda items A, C, D and E. Councilmember Halbert seconded. Motion carried unanimously.

B. Authorization for the Knights of Columbus to utilize lots 12 through 15, Block 65 for a parking area fund-raiser on January 16 and 17, 2010 during the Art Show

Mayor Berkman thanked the Town Manager for coordinating this fund raiser which will also help relieve parking congestion during the Art Show. Mayor Berman moved to approve item B. Councilmember Halbert seconded. Motion carried unanimously.

VI. APPOINTMENTS

A. Board of Adjustment – 2 openings. Bud Evans and Doug Wright would like to be reappointed

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

B. General Employees’ Pension Board – 1 opening. Vince Benevente would like to be appointed

Deputy Mayor Goldfarb moved to appoint Mr. Benevente. Councilmember Campbell seconded. Motion carried unanimously.

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

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

D. Parks, Recreation and Beautification Committee – Jo Anne and John Nadeau would like to be appointed

In response to concerns regarding a husband and wife serving on the same Committee, Attorney Gougelman advised that there could be potential sunshine law issues.

Mayor Berkman moved to appoint Jo Anne Nadeau to the Committee. Councilmember Halbert seconded. Motion carried unanimously.

VII. ORDINANCES AND RESOLUTIONS

A. Ordinance 10-02 – Amending Sec. 17-88, 17-124, 17-125, 17-126, 17-128 and 17-131 relating to block walls (continued from the November 17, 2009 meeting)

1. First reading – by title only

The Town Clerk read the ordinance by title only.

2. Public hearing and adoption on first reading

Mayor Berkman gave background on the discussion from the November meeting.

Council discussed the possible conflict between personal property rights and protection for abutting residential properties. Attorney Gougelman noted that some of the language may need clarification.

The following people spoke on the ordinance:

John B. MacNeill, Chairman of the Zoning and Planning Board

Nancee Hay, Zoning and Planning Board member

Gary Van Zonneveld, 104 First Avenue

Mayor Berkman moved to disapprove Ordinance 10-02. Councilmember Halbert seconded. Motion carried with Mayor Berkman, Deputy Mayor Goldfarb and Councilmember Halbert voting “aye” and Councilmember Campbell voting “nay.”

VIII. UNFINISHED BUSINESS

IX. NEW BUSINESS

X. ADMINISTRATIVE MATTERS

A. Report from Town Manager

Statistical Reports – November, 2009

Town Manager Chinault gave an update on beach renourishment.

B. Report from Town Attorney – Attorney Gougelman wished everyone happy holidays.

XI. REPORTS

A. Mayor Berkman reported the following:

Planting of the tree donated by Hadassah will be December 18th at 2:00 pm in Orlando Park.

B. Deputy Mayor Goldfarb reported the following:

He gave an update on the status of the new web site and reminded everyone to sign up on the current web site on the e-mail list. He also wished everyone happy holidays.

C. Councilmember Borysiewicz was not present.

D. Councilmember Campbell had no report.

E. Councilmember Halbert reported the following:

The Holiday Tree Walk is underway with winners being declared on Friday, December 18th. The Space Coast League of Cities is requesting a wish from each municipality for the Christmas dinner. Council agreed to submit a wish for an additional bridge south of the Melbourne Causeway.

XII. ADJOURNMENT

The meeting adjourned at 7:45 pm.

TOWN OF INDIALANTIC

___________________________

David Berkman

Mayor

ATTEST: ______________________________

Laura Eaton, CMC

Town Clerk