March 16, 2010

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

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

PRESENT:                  Hon. Dave Berkman, Mayor

Hon. Loren Goldfarb, Deputy Mayor

Hon. Mike Borysiewicz, Councilmember

Hon. Chris Campbell, 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 Board of Adjustment, Budget and Finance Committee, Town Centre Committee and the Zoning and Planning Board

B.     There will be openings, including reappointments, on the Budget and Finance Committee, Heritage Committee and the Parks, Recreation and Beautification Committee in April

V. CONSENT AGENDA

A.     Minutes No. 10-05 – Regular Meeting – February 16, 2010

B.      Approval of contract extension with Fertig’s Sharper Cuts, Inc. extending the service through September 30, 2011 at an annual cost of $29,625

C.     Approval of contract extension with TruGreen ChemLawn extending the service through September 30, 2011 at an annual cost of $8,628

D.     Approval of the lifeguard agreement with Brevard County for FY-10

Councilmember Borysiewicz moved to approve the consent agenda.  Councilmember Campbell seconded.

Councilmember Halbert would like Item D pulled.

Deputy Mayor Goldfarb would like Items B and C pulled.

Councilmember Borysiewicz moved to approve Item A.  Councilmember Halbert seconded.  Motion carried unanimously.

D.  Approval of the lifeguard agreement with Brevard County for FY-10

Town Manager Chinault advised that the expense is budgeted in the Enterprise Funds and there was no increase from last year.  He also noted that the cost is divided between the Town and the County.

B.  Approval of contract extension with Fertig’s Sharper Cuts, Inc. extending the service through     September 30, 2011 at an annual cost of $29,625

C. Approval of contract extension with TruGreen ChemLawn extending the service through September 30, 2011 at an annual cost of $8,628

Town Manager Chinault gave background for Items B and C.

Deputy Mayor Goldfarb moved to approve Items B, C and D.  Councilmember Borysiewicz seconded.  Motion carried unanimously.

VI. APPOINTMENTS

A.     Board of Adjustment – 1 opening. Rudy Graf would like to be reappointed

Councilmember Halbert moved to reappoint Mr. Graf.  Councilmember Campbell seconded.

Motion carried unanimously.

B.     Budget and Finance Committee – 1 opening.  Karen Turja would like to be reappointed

Mayor Berkman moved to reappoint Ms. Turja.  Councilmember Halbert seconded.  Motion carried unanimously.

C.     Zoning and Planning Board – 1 opening.  Randy Greer would like to be reappointed

Deputy Mayor Goldfarb moved to reappoint Mr. Greer.  Councilmember Campbell seconded.  Motion carried unanimously.

D.     Town Centre Committee – 1 opening.  Application received from Elizabeth Counsman

Councilmember Halbert moved to appoint Ms. Counsman.  Councilmember Campbell 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.

Councilmember Halbert moved to adopt Ordinance 10-3.  Deputy Mayor Goldfarb seconded.

In response to a question from Councilmember Halbert regarding Section 18-16, Town Manager Chinault advised that it relates to the application process for the fertilizer.  He noted the state requires the Town to adopt an ordinance and this is the model prepared by DEP.

Attorney Gougelman noted it would be enforced by Code Enforcement and discretion in enforcement should be used.  He stated that Council took an oath to uphold the law and not passing this ordinance would be in violation of the law.

Motion to approve Ordinance 10-3 carried with Mayor Berkman, Deputy Mayor Goldfarb and Councilmember Halbert voting “aye” and with Councilmember Borysiewicz and Councilmember Campbell voting “nay”.

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

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 Borysiewicz moved to adopt Ordinance 10-04.  Councilmember Campbell seconded.  Motion carried unanimously.

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

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 Borysiewicz moved to adopt Ordinance 10-05.  Councilmember Halbert seconded.  Motion carried unanimously.

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

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 Goldfarb moved to adopt Ordinance 10-06.  Councilmember Halbert seconded.

Councilmember Borysiewicz spoke against the revised definition of “credited service.”

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

VIII. UNFINISHED BUSINESS

A.     Discussion and possible action regarding Wendy’s showers (tabled from the February 16, 2010 meeting)

Town Manager Chinault advised that the showers have been turned back on and reviewed a letter received from Wendy’s attorney.

B.     Discussion and possible action regarding the evaluation form for the Town Manager (requested by Deputy Mayor Goldfarb; tabled at the February 16, 2010 meeting)

Deputy Mayor Goldfarb stated that he does not feel comfortable using the current form to evaluate the Town Manager based on the areas addressed.  The forms used by Satellite Beach, Cape Canaveral, Cocoa Beach and Grant-Valkaria are similar to each other and he suggested that Council use the one from Satellite Beach as a template.

Councilmember Campbell stated that the items covered in the evaluation form are not measurable and recommended that a form evaluating five to seven measurable items be used.

Council requested that the form from Satellite Beach be emailed to each member for modification and presentation at the April meeting.

IX.      NEW BUSINESS

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

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

B.     Discussion and possible action regarding revisions to the sick leave policy

Town Manager Chinault advised that a request has been made to consider amending the personnel policy to allow employees to donate vacation leave to another employee in need of sick leave.  He presented three possible options and provided a summary of policies from other municipalities relating to donating leave to another employee.

Mayor Berkman moved to have staff draft an ordinance amending the sick leave policy to allow employees to donate accrued vacation leave to another employee.  Councilmember Halbert seconded.  Motion carried unanimously.

X. ADMINISTRATIVE MATTERS

A.     Report from Town Manager

Statistical Reports – February, 2010

Town Manager Chinault gave an update on the causeway.

B.   Attorney Gougelman has no report.

XI. REPORTS

A.     Mayor Berkman had no report.

B.     Deputy Mayor Goldfarb reported on an EDC meeting regarding the loss of the Space Center jobs and ways to make it easier for businesses to relocate to Brevard County.  Deputy Mayor Goldfarb noted Mayor Berkman, Councilmember Halbert and himself walked the Cancer Relay for Life.

C.     Councilmember Borysiewicz advised that budget meetings were coming up and requested that consideration of eliminating Council compensation be discussed at the next meeting.

D.     Councilmember Campbell received an update on the sign removal and DOT response.  He also noted the TPO is looking for citizens to be on the CAC.

E.     Councilmember Halbert presented Resolution 10-06 pertaining to HB 899, which prevents counties and local governments from giving preference to local bidders.  Councilmember Halbert moved to adopt the Resolution.  Mayor Berkman seconded.  Motion carried unanimously.

Councilmember Halbert reported that at the last SCLOC meeting, Sheriff Parker expressed concerns with HB 1515 and SB 484 pertaining to early release of elderly inmates, with elderly being classified as anyone over 50 years old.

Councilmember Halbert attended a Coalition for Property Rights meeting regarding Amendment 4, which requires town elections for large development projects and Comprehensive Plan/Land Use changes.  Attorney Gougelman gave background on the amendment.

XII. ADJOURNMENT

The meeting adjourned at 8:10 PM.

TOWN OF INDIALANTIC

___________________________

David Berkman

Mayor

ATTEST:______________________________

Laura Eaton, CMC

Town Clerk