February 16, 2010

This material was filed under
[ Town Council - Meeting Minutes ]
February 16, 2010

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 16, 2010

PRESENT:                  Hon. Dave Berkman, Mayor

Hon. Loren Goldfarb, Deputy Mayor

Hon. Mike Borysiewicz, Councilmember

Hon. Chris Campbell, Councilmember

Paul Gougelman, Town Attorney

Christopher W. Chinault, Town Manager

Laura Eaton, Town Clerk

ABSENT:                  Hon. Lori A. Halbert, 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.     Recognition of the Friday Fest Chili Cook-off Winner

Mayor Berkman and Friday Fest Committee members Helen Yarbrough, Denise Bozeman and Councilmember Campbell presented an award to the Volunteer Fire Department chili cook-off winner Pat Phillips.

B.      Mitch Needelman – Eligere update

Mr. Needelman gave an update and strategy regarding the TABOR bill and requested that elected officials be available to meet with staff and legislators to discuss the affect it will have on the Town.  Mr. Needelman noted the Legislature would be in session from March 2, 2010 to May 5, 2010.

IV.PUBLIC ANNOUNCEMENTS

The Town Clerk read the following announcements:

A.      There are currently openings, including reappointments, on the Board of Adjustment, Heritage Committee and Town Centre Committee

B.     There will be openings, including reappointments, on the Board of Adjustment, Budget and Finance Committee and the Zoning and Planning Board in March

V.CONSENT AGENDA

A.     Minutes No. 10-04 – Regular Meeting – January 19, 2010

B.      Approval of craft show July 17-18, 2010 in Nance Park

C.     Approval for Knights of Columbus to utilize lots 12 through 15, block 65 for a parking area fund-raiser on July 17-18, 2010

D.     Authorization for the Brevard Mosquito Control District to operate an aircraft over the Town to spray for mosquitoes

E.      Approval to hold the Witch Way 5k on Saturday, October 23, 2010 and approval to place a banner over Fifth Avenue for the event as permitted by 17-106.2(2) of the Town Code

F.      Approval to hold the Halloween Party on Saturday, October 16, 2010

Deputy Mayor Goldfarb moved to approve items A-F of the consent agenda.  Councilmember Borysiewicz seconded.  Motion carried unanimously.

VI.APPOINTMENTS

A.     Board of Adjustment – 3 openings. Mary Coggshall, David Justice and Laura Lewandowski would like to be reappointed

Mayor Berkman moved to reappoint Ms. Coggshall, Mr. Justice and Ms. Lewandowski.  Councilmember Campbell seconded.  Motion carried unanimously.

B.     Heritage Committee – 4 openings.  Laverne Bruffey, Pamela Dunn, Cindy Earp and Dian Milligan would like to be reappointed

Mayor Berkman moved to reappoint Ms. Bruffey, Ms. Dunn, Ms. Earp and Ms. Milligan.  Councilmember Campbell seconded.  Motion carried unanimously.

C.     Town Centre Committee – 1 opening.  Applications received from Elizabeth Counsman and Garat Oates

Councilmember Borysiewicz moved to appoint Mr. Oates.  Deputy Mayor Goldfarb seconded.  Motion carried unanimously.

VII.ORDINANCES AND RESOLUTIONS

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

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.

Town Manager Chinault noted the ordinance is required by law and this is the minimum requirement presented by DEP.

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

Council discussed the penalty for not adopting the ordinance.

Mayor Berkman recommended tabling the ordinance until there is a full Council.

B.      Ordinance 10-04 – Relating to fire prevention and fire safety

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.

Town Manager Chinault advised that the code is being updated to meet current requirements.

Mayor Berkman moved to approve Ordinance 10-04.  Councilmember Campbell seconded.  Motion carried unanimously.

C.     Ordinance 10-05 – Relating to planning and the Comprehensive Plan

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.

Town Manager Chinault advised that the revisions are being made to have the code consistent with the Comprehensive Plan.

Deputy Mayor Goldfarb moved to approve Ordinance 10-05.  Councilmember Campbell seconded.  Motion carried unanimously.

D.     Ordinance 10-06 – Relating to the pension plan for police officers and firefighters

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.

Town Manager Chinault advised that the ordinance, which is being recommended by the Police/Fire Pension Board, amends the code to comply with state and federal regulations.

Deputy Mayor Goldfarb moved to approve Ordinance 10-06.  Councilmember Borysiewicz seconded.

Council discussed the revised definition of “credited service” and “earnings.”

Motion carried with Mayor Berkman, Deputy Mayor Goldfarb and Councilmember Campbell voting “aye” and Councilmember Borysiewicz voting “nay”.

E.      Resolution 10-05 – Amending fees relating to zoning and planning

1.     First reading – by title only

The Town Clerk read the resolution by title only.

2.     Public hearing and adoption on first reading

Town Manager Chinault advised that the current fees have been in effect since 1992 and need to be increased to cover the Town’s expenses.  He noted that fee schedules of other cities were reviewed.

Deputy Mayor Goldfarb moved to approve Resolution 10-05.  Councilmember Borysiewicz seconded.  Motion carried unanimously.

VIII.UNFINISHED BUSINESS

A.     Discussion and possible action regarding Wendy’s showers (tabled from the January 19, 2010 meeting)

Town Manager Chinault gave background information.

Mark Reed, co-owner of Brevard County Wendy’s, noted that the showers were turned off last year due to the cost of water and sewer and that a notice from the Town was received in August.  He stated that the showers were not a good business decision for Wendy’s but that they were willing to make improvements to the property and participate in the Town.

Mayor Berkman noted that the agreement requiring the showers was not included in the title search and was unknown to the owner.  He also noted that the Town has since provided showers at the beach.

Town Manager Chinault advised that there would have to be a modification to the site plan and agreement if the showers are not provided.

Council discussed several options with Mr. Reed including possible reimbursement of a portion of the cost by the Town and installing a bench or bike rack in place of the showers.

In response to questions from Council, Mr. Reed advised that he has no billing history from the previous owner.  He also noted that the Indialantic Wendy’s will be one of the first in the County to be remodeled.

The following people spoke on the issue:

Laura Lewandowski, 125 Eighth Avenue

Gary VanZonneveld, 104 First Avenue

Djon Pepaj, 1000 North Riverside Drive

Tony Laginess, 904 Wavecrest Avenue

Deputy Mayor Goldfarb read a comment from Councilmember Halbert into the record.  It was the consensus of the Council that the showers provide a benefit to the public and are required under the agreement with Wendy’s.

Council agreed that this be tabled until the March meeting at which time Mr. Reed could provide more information on the annual cost related to the showers.

B.     Discussion and possible action regarding FDOT signs in the right-of-way (Requested by Councilmember Campbell)

Councilmember Campbell advised that this was being discussed because of the number of extraneous signs on Fifth Avenue.

Helen Yarbrough, 325 Oakland Avenue, spoke in favor of having the signs removed.

Councilmember Campbell moved to ask DOT to remove the “Parking” and “Do Not Block Intersection” signs.  Mayor Berkman seconded.  Motion carried unanimously.

C.     Discussion and possible action regarding the evaluation form for the Town Manager (requested by Deputy Mayor Goldfarb)

Deputy Mayor Goldfarb requested that this be tabled until there is a full Council.

D.             Town Centre Committee report – Helen Yarbrough, Chairperson

The Town Centre Committee report was tabled until the March meeting.

IX.      NEW BUSINESS

A.     Discussion and possible action regarding lowering the speed limit on Cocoa Avenue (100, 200 and 300 blocks) to 20 mph

Djon Pepaj and Tony Laginess received background information.

Mayor Berkman moved to approve lowering the speed limit on Cocoa Avenue.  Deputy Mayor Goldfarb seconded.  Motion carried unanimously.

B.     Discussion and possible action regarding lowering the speed limit on Tampa Avenue (100, 200 and 300 blocks) to 20 mph

Mayor Berkman moved to approve lowering the speed limit on Tampa Avenue.  Deputy Mayor Goldfarb seconded.  Motion carried unanimously.

X.ADMINISTRATIVE MATTERS

A.     Report from Town Manager

Statistical Reports – January 2010

Town Manager Chinault presented an update to his report noting that pumping of sand on the beach began on Sunday and resurfacing of Fifth Avenue will possibly begin in 2014.

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

XI.REPORTS

A.     Mayor Berkman noted the craft fair would be back in July thanks to Town Manager Chinault.

B.     Deputy Mayor Goldfarb presented a draft of the website’s homepage design.

C.     Councilmember Borysiewicz had no report.

D.     Councilmember Campbell had no report.

E.      Councilmember Halbert was not present.

XII.ADJOURNMENT

The meeting adjourned at 9:00 PM.

TOWN OF INDIALANTIC

___________________________

David Berkman

Mayor

ATTEST:______________________________

Laura Eaton, CMC

Town Clerk