September 16, 2010

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[ Town Council - Meeting Minutes ]
September 16, 2010

TOWN OF INDIALANTIC
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
September 16, 2010 Town Hall
MINUTES NO. 10-14

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON SEPTEMBER 16, 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
Laura Eaton, Town Clerk

ABSENT: Hon. Mike Borysiewicz, Councilmember

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. FINAL PUBLIC HEARING ON TENTATIVE 2010-2011 MILLAGE RATE AND BUDGET

A. Resolution 10-11 Adoption of millage rate for 2010-2011

Mayor Berkman read the following announcement:

1. Announcement – the millage rate to be levied for the Town of Indialantic is 6.3198 which is a 4.12% increase over the rolled back millage rate of 6.0698

2. Public hearing

Town Manager Chinault explained his recommendation of increasing the millage rate to 6.3198.

Ginny Heptig, 240 Ninth Terrace, received clarification that the rolled back rate is not considered a tax increase because it would generate the same revenue as in the previous year.

3. Adoption

Mayor Berkman moved to amend Resolution 10-11 and to adopt the rolled back millage rate of 6.0698. Deputy Mayor Goldfarb seconded. Motion carried with Mayor Berkman, Deputy Mayor Goldfarb and Councilmember Halbert voting “aye” and Councilmember Campbell voting “nay” because he felt that the higher millage rate was still a tax increase.

B. Resolution 10-12 – Adoption of the 2010-2011 budget with a General Fund budget in the amount of $3,292,582 and total budget in the amount $4,065,087

1. Public hearing

There were no public comments.

2. Adoption

Mayor Berkman moved to amend Resolution 10-12 and adopt a General Fund budget in the amount of $3,220,156 and a total budget in the amount of $3,992,376. Councilmember Halbert seconded. Motion carried with Mayor Berkman, Deputy Mayor Goldfarb and Councilmember Halbert voting “aye” and Councilmember Campbell voting “nay.”

IV. PUBLIC

Nancee Hay, 136 Tenth Avenue, reminded everyone of the upcoming retirement of Jan Acker and Jimmy Haggas.

Ginny Heptig, 240 9th Terrace, received information on the change of meeting date.

V. PUBLIC ANNOUNCEMENTS

The Town Clerk read the following announcements:

A. There are currently openings, including reappointments, on the Civil Service Board, Code Enforcement Board, Heritage Committee, Parks, Recreation and Beautification Committee and the Town Centre Committee

B. There will be openings, including reappointments, on the Zoning and Planning Board and Town Centre Committee in October

C. Candidates for the November 2, 2010 election are: Mayor – David Berkman and Robert L. Cochran, Jr.; Seat 1 – Lisa Leger Frazier and Randy Greer (Tony Laginess has withdrawn); Seat 2 – Loren Goldfarb is unopposed; and Seat 4 – Stuart Glass and Laura Lewandowski

VI. CONSENT AGENDA

A. Minutes No. 10-12 – Regular Meeting – August 17, 2010

B. Minutes No. 10-13 – Special Meeting – September 16, 2010

C. Approval of 2011 art show on January 15 and 16, 2011 in Nance Park

D. Sanction of a Friday at Fifth festival in Nance Park on October 15, 2010

E. Approval of pay schedule for FY-11

F. Approval to make application for Florida Recreation and Development Assistance Program (FRDAP) funds in the amount of $50,000 for improvements to Orlando Park

G. Approval for the Knights of Columbus to utilize lots 12 through 15, block 65 for a parking area fund-raiser on January 15-16, 2011

H. Approval of Modification #1 to 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)

I. Approval of a request for a cost-of-living rate increase of 1.24% from Harris Sanitation in accordance with the franchise agreement for municipal solid waste, yard waste and recycling

J. Approval to refund to Richard Martis, Physical Addictions, the appeal fee for an appeal of the decision of the Zoning and Planning Board (Requested by Deputy Mayor Goldfarb)

Councilmember Halbert moved to approve the consent agenda. Councilmember Campbell seconded. Deputy Mayor Goldfarb amended the motion to remove item I. Councilmember Halbert seconded. Motion carried unanimously.

I. Approval of a request for a cost-of-living rate increase of 1.24% from Harris Sanitation in accordance with the franchise agreement for municipal solid waste, yard waste and recycling

Deputy Mayor Goldfarb clarified that the Town is contractually obligated to approve the increase and noted that no cost-of-living increase was requested last year.

Deputy Mayor Goldfarb moved to approve item I. Councilmember Halbert seconded. Motion carried unanimously.

VII. APPOINTMENTS

A. Civil Service Board – 1 opening. Irene Quilleux would like to be reappointed

Deputy Mayor Goldfarb moved to reappoint Ms. Quilleux. Councilmember Campbell seconded. Motion carried unanimously.

VIII. ORDINANCES AND RESOLUTIONS

A. Ordinance 10-11 – Amending Sec. 2-250 amending the Personnel/Civil Service Manual relating to leave for military service

1. Second reading – by title only
2. Public hearing and adoption

Town Manager Chinault requested that the public hearing be continued until the October meeting.

B. Ordinance 10-12 – Amending Sec. 2-112 relating to removal of board and committee members

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 Campbell moved to adopt Ordinance 10-12. Councilmember Halbert seconded. Motion carried unanimously.

C. Ordinance 10-13 – Relating to transient signs

1. First reading – by title only

The Town Clerk read the ordinance by title only.

2. Public hearing and adoption

There were no public comments.

Councilmember Halbert received clarification on why the sunset clause was being removed.

Deputy Mayor Goldfarb moved to approve Ordinance 10-13 on first reading. Councilmember Campbell seconded. Motion carried unanimously.

D. Ordinance 10-14 – Relating to outdoor advertising

1. First 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 approve Ordinance 10-14 on first reading. Councilmember Halbert seconded. Motion carried unanimously.

E. Ordinance 10-15 – Amending Sec. 2-21 relating to vacancies in candidacy for Council

1. First reading – by title only

The Town Clerk read the ordinance by title only.

2. Public hearing and adoption

Mike McCabe, 900 S. Miramar, received background information on the proposed change.

Deputy Mayor Goldfarb moved to approve Ordinance 10-15 on first reading. Councilmember Halbert seconded. Motion carried unanimously.

F. Ordinance 10-16 – relating to general maintenance and fences and walls

1. First reading – by title only

The Town Clerk read the ordinance by title only.

2. Public hearing and adoption

John Newton, 1217 S. Riverside Drive, received information regarding enforcement of the ordinance.

Councilmember Halbert moved to approve Ordinance 10-16 on first reading. Deputy Mayor Goldfarb seconded. Motion carried unanimously.

G. Ordinance 10-17 – repealing the requirement that a police officer attend Council meetings

1. First reading – by title only

The Town Clerk read the ordinance by title only.

2. Public hearing and adoption

Councilmember Campbell moved to approve Ordinance 10-17 on first reading. Councilmember Halbert seconded.

Ginny Heptig, 240 Ninth Terrace, spoke on the ordinance.

It was noted that the change was being requested to save on personnel costs. It was the consensus of Council that the presence of a police officer at meetings is desirable.

The motion to approve Ordinance 10-17 was unanimously defeated.

IX. UNFINISHED BUSINESS

A. Discussion and possible action regarding authorization for the Town Centre Committee to proceed with selling pavers

Rhoda Waxman and Jill Hoffman presented sample pavers and a marketing plan for selling them. The Committee is recommending selling three sizes: 6” x 6” for $75; 9” x 6” for $100; and 9” x 9” for $150. This price includes engraving but symbols will be an additional cost.

The following people spoke regarding the pavers:

Mike McCabe, 900 S. Miramar
Randy Greer, 501 N. Ramona
Gary VanZonneveld, 104 First Avenue

Mayor Berkman moved to approve the project as outlined. Councilmember Halbert seconded. Motion carried unanimously.

X. NEW BUSINESS

A. Discussion regarding the sign ordinance (Requested by Mayor Berkman – tabled at the August 17, 2010 meeting)

This was tabled until the October meeting.

B. Discussion and possible action relating to a special meeting to be held on September 30, 2010 at 7:00 pm to adopt Ord. 10-15

Councilmember Halbert advised that she would not be able to attend a meeting on this date. Council agreed to hold a special meeting on September 30th at 7:00 pm.

XI. ADMINISTRATIVE MATTERS

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

Town Manager Chinault also advised that the Library Advisory Board is requesting that Council appoint two members at the October meeting to represent the Town and that FDOT has lowered the speed limit on the Melbourne Causeway to 40 mph during construction of the relief bridges.

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

XII. REPORTS

A. Mayor Berkman had no report.

B. Deputy Mayor Goldfarb reminded everyone of the Witch Way 5k event on October 23rd beginning at 6:00 pm.

C. Councilmember Borysiewicz was not present.

D. Councilmember Campbell received clarification regarding the superfluous signs on Fifth Avenue and that FDOT will review the speed limit and signalization on Fifth Avenue.

D. Councilmember Halbert reminded everyone of the Friday @ Fifth event on October 15th and the Halloween Party on October 16th.

XIII. ADJOURNMENT

The meeting adjourned at 8:10 pm.

TOWN OF INDIALANTIC

___________________________
David Berkman
Mayor

ATTEST: _________________________
Laura Eaton, CMC
Town Clerk