January 19, 2010

This material was filed under
[ Town Council - Meeting Minutes ]
January 19, 2010

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 19, 2010

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

Jennifer Fortin, Deputy 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.     Presentation of checks to Indialantic Elementary School and the Parks, Recreation and Beautification Committee from the Witch Way 5k Committee

Mayor Berkman presented checks in the amount of $2,928.22 to the Indialantic Elementary PTSO and the Indialantic Parks, Recreation and Beautification Committee from  proceeds from the Witch Way 5K Committee

B.      Others

Scott Shenton, 2725 N. A1A Unit 301 – is requesting support from the beaches not to have a 14 story, 85 unit condo on the beachside next to the Crowne Plaza.  There are concerns of traffic congestion, move of the firehouse and a change in property taxes.

Mayor Berkman noted Mr. Shenton is here to ask Indialantic to take a stand.

Councilmember Halbert noted that Indialantic has no jurisdiction, but as individuals we could speak to members of the Melbourne City Council regarding the issue.

IV.PUBLIC ANNOUNCEMENTS

The Deputy Town Clerk read the following announcements:

A.     There are currently openings, including reappointments, on the Budget and Finance Committee, Parks, Recreation and Beautification Committee and the Zoning and Planning Board

B.     There will be openings, including reappointments, on the Board of Adjustment and Heritage Committee in February

V.CONSENT AGENDA

A.     Minutes No. 10-03 – Regular Meeting – December 9, 2009

B.      Approval to declare two vehicles and street sweeper as being surplus and authorization for the Town Manager to dispose of them

C.     Approval to apply to Edward C. Byrne Memorial Justice Grant (JAG) Program

D.     Approval to maintain current Police/Fire Pension Board term length

Councilmember Halbert moved to approve Consent Agenda.  Councilmember Campbell seconded.  Motion carried unanimously.

VI.APPOINTMENTS

A.     Budget and Finance – 2 openings. Bruce Bogert and Orlando Brillante would like to be reappointed

Deputy Mayor Goldfarb moved to reappoint Mr. Bogert and Mr. Brillante.  Councilmember Halbert seconded.  Motion carried unanimously.

B.      Parks, Recreation and Beautification Committee – 1 opening. Brooke Deratany Goldfarb would like to be appointed

Deputy Mayor Goldfarb moved to appoint Ms. Deratany Goldfarb.  Councilmember Halbert seconded.  Motion carried unanimously.

C.     Zoning and Planning Board – 1 opening.  Tom Kleving would like to be reappointed

Councilmember Halbert moved to reappoint Mr. Kleving.  Councilmember Campbell seconded.  Motion carried unanimously.

VII.ORDINANCES AND RESOLUTIONS

A.     Resolution 10-04 – Surplus Property for Affordable Housing

1.      First reading – by title only

The Deputy Town Clerk read the resolution by title only.

2.      Public hearing and adoption on first reading

Town Manager Chinault gave background on the purpose of the resolution, which is required by law every three (3) years.

Deputy Mayor Goldfarb moved to approve Resolution 10-04.  Councilmember Halbert seconded.  Motion carried unanimously.

B.Ordinance 10-03 – Relating to stormwater runoff and fertilizer

1.      First reading – by title only

The Deputy Town Clerk read the ordinance by title only.

2.  Public hearing and adoption on first reading

Deputy Mayor Goldfarb moved to approve Ordinance 10-03.  Mayor Berkman seconded.

Town Manager Chinault noted the University of Florida Extension Service is offering a class for $25-$35 for education.  Also, the Town will educate the public through the website and newsletter.

Attorney Gougelman noted the Town will not be penalized for not adopting the ordinance, but will be in violation of state law.

The ordinance failed with Deputy Mayor Goldfarb and Mayor Berkman voting “aye” and Councilmember Halbert and Councilmember Campbell voting “nay”.

Council would like to bring this matter back before the Board at the next meeting in February.

VIII.UNFINISHED BUSINESS

A.      Discussion and possible action regarding 2010 legislative issues – Eligere

Councilmember Halbert moved to re-approve Eligere handle the 2010 Legislative issues as previously approved at a prior meeting.  Councilmember Campbell seconded.  Motion carried unanimously.

B.      Website update (Requested by Deputy Mayor Goldfarb)

Deputy Mayor Goldfarb noted the developer has sent a design to the Town Clerk and we are seeing progress.

John B. MacNeill, 1320 S. Riverside Drive – noted the link that appears on his computer is not the same link as advertised.

Deputy Mayor Goldfarb noted that he would check into that.

Helen Yarbrough, 325 Oakland Avenue – inquired as to how long before the website is up and running and if the public was going to have any input?

Deputy Mayor Goldfarb noted probably a few more months before it is running and Council and the Town Clerk will narrow the design down to two and possibly a survey could be done to get a final design.

IX.      NEW BUSINESS

A.     Discussion and possible action regarding lowering the speed limit on Eleventh Avenue (100 block) to 20 mph

Councilmember Halbert moved to approve lowering the speed limit.  Councilmember Campbell seconded.  Motion carried unanimously.

B.     Discussion and possible action regarding lowering the speed limit on Fourteenth Avenue (100 block) to 20 mph

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

C.     Discussion and possible action regarding the 2010 Space Coast League of Cities’ State legislative issues (Requested by Councilmember Halbert)

The Board came to a general consensus to provide the following three (3) issues

Ø      Eliminating unfunded mandates

Ø      Eliminating costly inappropriate requirements for smaller built-out communities – e.g. preparing and then annually updating the Public School Facilities Element (PSFE) of the Comprehensive Plan when there are no schools within the municipality.

Ø      Convincing the Florida Public Service Commission (PSC) to require electric providers (e.g. FPL) to provide for the use of light emitting diodes (LEDs) for street lights at a price that is competitive with current charges by the provider for high-pressure sodium vapor lights

D.     Discussion and possible action regarding directional parking signs (Requested by Councilmember Campbell)

Councilmember Campbell feels that there are at least sixteen (16) signs in Town that could be removed.  He noted there are four (4) on the west side of town, four (4) on the east side of town, four (4) DO NOT BLOCK signs north of Fifth Avenue and four (4) south of Fifth Avenue.

Council has asked Town Manager Chinault to comprise a list of signs cluttering the town and present to the Board at the February meeting.

E.      Discussion and possible action regarding Mitch Varnes/Smooth Running LLC for lane closures during the Melbourne and Beaches Music Marathon on February 7, 2010.

Councilmember Campbell suggested having the Town Centre Committee possibly look at the traffic patterns the day of the race.

Mayor Berkman moved to approve lane closures for the day of the race.  Deputy Mayor Goldfarb seconded.  Motion carried unanimously.

F.      Discussion and possible action regarding Wendy’s showers – Deferred until the February meeting

G.     Discussion and possible action regarding holiday lights (Requested by Mayor Berkman)

Mayor Berkman suggested a Menorah being displayed next year.

Councilmember Halbert noted she doesn’t have an issue with it but what about legality issues?

Attorney Gougelman noted legally you can do it but then you get into all the other religions not being recognized.

Deputy Mayor Goldfarb noted he was fine with just the tree as it symbolizes the holiday season.

Deputy Mayor Goldfarb noted that Council decided to donate two (2) of their stipend checks to help defray the cost of the holiday lighting.  The Town is also short two (2) months of one councilmember’s stipend.  The Board would like Town Manager Chinault to discuss this issue with the councilmember.

Councilmember Campbell noted that members should not be told how to volunteer money or where to put it.

H.     Discussion and possible action regarding identifying unfunded mandates (Requested by                   Councilmember Halbert)

Council comprised a list of four (4) items to be given to the SCLOC whom will share with local legislators.

Ø      EAR

Ø      Stormwater quality

Ø      Legal notices

Ø      Comprehensive Plan

X.ADMINISTRATIVE MATTERS

A.     Report from Town Manager

Statistical Reports – December, 2009

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

XI.REPORTS

A.     Mayor Berkman reported the following:

The art festival will be back in July and the Knights of Columbus helped provide parking for the event.

B.      Deputy Mayor Goldfarb had no report

C.     Councilmember Borysiewicz was not present

D.     Councilmember Campbell had no report but noted he would like to have the Town Centre Committee at the next meeting to give report or status update.

E.      Councilmember Halbert reported the following:

The Fire Department won the Chili Cook-off and will be presented with a check and trophy at the next meeting.  The Homeowners’ Association came in second.  The Friday @ Fifth doesn’t want the look of impropriety with two councilmembers on the committee and would like to discuss the Sunshine Law at a workshop in February before the regular meeting.  The Friday @ Fifth also donated $1,000.00 to Haiti and if interested, individuals can go to the Friday @ Fifth website to donate.

XII.ADJOURNMENT

The meeting adjourned at 8:00 pm.

TOWN OF INDIALANTIC

___________________________

David Berkman

Mayor

ATTEST:______________________________

Jennifer M. Fortin

Deputy Town Clerk