June 15, 2010

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[ Town Council - Meeting Minutes ]
June 15, 2010

TOWN OF INDIALANTIC
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
June 15, 2010 Town Hall
MINUTES NO. 10-10

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JUNE 15, 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 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. Matt Price – Dynamo Web Solutions – web site redesign

Deputy Mayor Goldfarb introduced Matt Price who was recognized for recently completing the redesign of the Town’s website.

B. Others

Dan Batchelor, 404 S. Ramona, thanked the Council for sponsoring an Indialantic Police Athletic League basketball team. Council requested that the team receive proclamations at the July meeting.

Kurt Niedenthal, 437 Eighth Avenue, received clarification on the Town Centre Committee’s recommendation regarding traffic.

IV. PUBLIC ANNOUNCEMENTS

Mayor Berkman read the following announcements:

A. There are currently openings on the Parks, Recreation and Beautification Committee and the Town Centre Committee

B. Town Hall will be closed Monday, July 5th for Independence Day

V. CONSENT AGENDA

A. Minutes No. 10-09 – Regular Meeting – May 18, 2010

B. Approval of allocation of Edward C. Byrne Memorial Justice Assistance grant funds in the amount of $264,582 to support the County’s prisoner transport program and direct the Mayor to sign a letter conveying Council’s determination

C. Approval of the Nature Conservancy (Brevard County operations) and the Parks, Recreation and Beautification Committee as beneficiaries of the 2010 Witch Way 5k

Councilmember Halbert moved to approve the consent agenda. Councilmember Borysiewicz seconded. Motion carried unanimously.

VI. APPOINTMENTS

VII. ORDINANCES AND RESOLUTIONS

A. Ordinance 10-08 – Relating to Compensation for the Mayor and Council

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 10-08. Councilmember Halbert seconded. Motion carried unanimously.

B. Ordinance 10-09 – Amending the Police/Fire Pension Ordinance to comply with IRS requirements

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 Campbell received clarification that the ordinance was prepared by the Pension Board’s attorney based on the requirements of the IRS.

Deputy Mayor Goldfarb moved to approve Ordinance 10-09 on first reading. Councilmember Campbell seconded. Motion carried unanimously.

C. Ordinance 10-10 – Relating to the sign ordinance

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.

Mayor Berkman advised that the ordinance was prepared to clarify the existing code relating to permit fees for minor sign changes.

Mayor Berkman moved to approve Ordinance 10-10 on first reading. Councilmember Halbert seconded. Motion carried unanimously.

VIII. UNFINISHED BUSINESS

A. Discussion and possible action regarding the evaluation form for the Town Manager (requested by Deputy Mayor Goldfarb – continued from the May 18, 2010 meeting)

Deputy Mayor Goldfarb presented background information on revising the form used to evaluate the Town Manager and moved that Council approve the composite form provided in the packets. Mayor Berkman seconded. Motion carried unanimously.

B. Discussion and possible action regarding an attendance policy for Council, boards and committees (continued from the May 18, 2010 meeting)

Attorney Gougelman reviewed his memorandum noting that removal of board and committee members is addressed in Florida Statutes. He noted that any policy adopted by the Town would have to mirror the statutes.

Town Manager Chinault advised that staff will review Sec. 2-112 to be consistent with state statutes.

It was noted that the Town Charter addresses removal of Council members.

IX. NEW BUSINESS

A. Discussion and possible action regarding land use (requested by Councilmember Halbert – tabled at the May 18, 2010 meeting)

Councilmember Halbert suggested that, based on recommendations from the Town Centre Committee, Council look into the feasibility of amending the code to allow for mixed use in the Commercial District.

Town Manager Chinault stated that an amendment to the Comprehensive Plan would also be required and advised that he would contact Jim LaRue, Town Planner, to determine if an increase in density would be considered by the State and the costs associated with the Comp Plan amendment.

John B. MacNeill, Chairman of the Zoning and Planning Board, presented background information on previous discussions with the Department of Community Affairs relating to increasing density.

B. Discussion and possible action regarding requesting FDOT to lower the speed limit on Fifth Avenue to 25 mph from Riverside Drive east to SR-A1A (Requested by Mayor Berkman)

Mayor Berkman advised that this was a recommendation from the Town Centre Committee to improve pedestrian safety and noted that with decreased speed limits traffic becomes more dense making it harder to cross the street.

Other comments from Council included the possibility of a stop light at Palm Avenue and potential traffic overflow on residential streets.

Council received comments from the following:

Dan Batchelor, 404 S. Ramona
Lois Schissl, 440 Tenth Avenue
Stu Glass, 132 Michigan Avenue

John B. MacNeill presented background information relating to the installation of the median and suggested that it be removed.

Council requested that the Town Manager contact FDOT to determine what services and options they would consider on Fifth Avenue.

C. Discussion and possible action regarding a services survey

Council discussed ways in which to best determine residents’ comments and concerns regarding the services provided by the Town and the associated costs. Discussion included adding questions to the November 2, 2010 ballot and conducting a survey either through phone calls, personal visits or the web site.

Nancee Hay, 136 Tenth Avenue, spoke in favor of providing advanced life support services and recommended that police and fire services remain the same.

Council agreed to provide sample questions to the Town Clerk to be reviewed at the July meeting.

D. Discussion and possible action regarding the resignation of Councilmember Halbert

Attorney Gougelman reviewed his memorandum regarding Councilmember Halbert’s seat noting that the Town has three options: 1) open her seat for the qualifying period for the November 2, 2010 election; 2) appoint someone within 60 days following the November election; or 3) hold a special election.

Mayor Berkman moved to have the seat on the November 2, 2010 ballot. Councilmember Borysiewicz seconded. Motion carried unanimously.

Attorney Gougelman also suggested that Council consider amending the Charter to provide that an election would be required if a vacant Council seat is not filled within sixty days. It was the consensus of Council to review this at a later date.

X. ADMINISTRATIVE MATTERS

A. Report from Town Manager
Statistical Reports – May, 2010

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

XI. REPORTS

A. Mayor Berkman requested that members of Council submit a 60 word biography to be posted on the website.

B. Deputy Mayor Goldfarb received clarification on item 2(h) of the Manager’s report.

C. Councilmember Borysiewicz distributed a memorandum and requested that it be posted as his report on the website. He also requested that Attorney Gougelman provide an opinion regarding email addresses as public records.

D. Councilmember Campbell had no report.

E. Councilmember Halbert reported the following:

She provided a copy of background information relating to pain management clinics and requested that it be reviewed. Town Manager Chinault advised that it would be presented to the Zoning and Planning Board for consideration.

She requested that a summary of the proposed constitutional amendments be posted on the website.

She requested Council’s support on the home rule vote being taken at the July 8th meeting of the Charter Review Committee. Mayor Berkman requested that Councilmembers be provided with email addresses of the Committee and a sample letter of support.

XII. ADJOURNMENT

The meeting adjourned at 8:40 pm.
TOWN OF INDIALANTIC

_____________________________
David Berkman
Mayor
ATTEST: ______________________
Laura Eaton, CMC
Town Clerk