October 19, 2010

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[ Town Council - Meeting Minutes ]
October 19, 2010

TOWN OF INDIALANTIC
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
October 19, 2010 Town Hall
MINUTES NO. 11-01

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON OCTOBER 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
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. PUBLIC

Nancee Hay, 136 Tenth Avenue, thanked everyone for her birthday celebration at the Halloween party. Mayor Berkman presented Ms. Hay with a photo from the event.

Carol Andren, 906 S. Ramona Avenue, noted she chaired the 55th anniversary planning for the Town and would like Council to consider implementing a committee for the 60th anniversary.

Gary Van Zonneveld, 104 First Avenue, noted the sand spurs in Nance Park. Town Manager Chinault advised that the watering restrictions have left the turf in bad condition. Jenifer Marx, 205 Orlando Blvd., recommended that the park be mowed for now and that a pre-emergent be used in February.

John B. MacNeill, 1320 S. Riverside Drive, reminded everyone of the candidate’s forum on Thursday, October 21, 2010 at 7:00 PM.

Scott Smith, 321 Seventh Avenue, reported on the Halloween party and thanked the local businesses for their donations. Mr. Smith noted that there were three events this year and would like to see them spread out more with the Halloween party being closer to the day of Halloween.

IV. PUBLIC ANNOUNCEMENTS

The Town Clerk read the following announcements:

A. There are currently openings, including reappointments, on the Board of Adjustment, Code Enforcement Board, Heritage Committee, Parks, Recreation and Beautification Committee, Town Centre Committee and Zoning and Planning Board

B. There will be openings, including reappointments, on the Budget and Finance Committee and Heritage Committee in November

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; Seat 2 – Loren Goldfarb is unopposed; and Seat 4 – Stuart Glass and Laura Lewandowski

D. Town Hall will be closed Thursday, November 11th for Veteran’s Day

V. CONSENT AGENDA

A. Minutes No. 10-14 – Regular Meeting – September 16, 2010

B. Minutes No. 10-15 – Special Meeting – September 30, 2010

C. Renewal of Medical Direction Agreement with Brevard County

D. Acceptance of the performance evaluations for the Town Manager for the period of September 27, 2009 through September 26, 2010

E. Approval of parking meter use agreement for Bizzarro’s for 2011

F. Approval of parking meter use agreement for Java Surf for 2011

G. Approval of agreement with Eligere Strategies for $3,664

H. Resolution 11-01 – Supporting the Let’s Move campaign

I. Budget Adjustment #1 – FY-11 budget

J. Approval of agreement with LaRue Planning to update the Comprehensive Plan for $1,800

K. Approval of Proclamation of Election

Deputy Mayor Goldfarb moved to approve items A-F, H, I, and K. Councilmember Halbert seconded. Motion carried unanimously.
G. Approval of agreement with Eligere Strategies for $3,664

Town Manager Chinault gave background on the services provided by Eligere. Deputy Mayor Goldfarb moved to approve item G. Councilmember Halbert seconded. Motion carried unanimously.

J. Approval of agreement with LaRue Planning to update the Comprehensive Plan for $1,800

Town Manager Chinault gave background on the required comprehensive plan updates and noted it was a fair cost. Deputy Mayor Goldfarb moved to approve item J. Councilmember Campbell seconded. Motion carried unanimously.

VI. APPOINTMENTS

A. Town Centre Committee – 3 openings. Rhoda Waxman would like to be reappointed

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

B. Zoning and Planning Board – 1 opening. Nancee Hay would like to be reappointed

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

VII. 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

The Town Clerk read the ordinance by title only.

2. Public hearing and adoption

There were no public comments.

Town Manager Chinault updated the Council on long term disability for unvested police officers and firefighters.

Councilmember Halbert moved to adopt Ordinance 10-11. Deputy Mayor Goldfarb seconded. Motion carried unanimously.

B. Ordinance 10-13 – Relating to transient signs

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 explained that the ordinance removes the sunset provision.

Deputy Mayor Goldfarb moved to adopt Ordinance 10-13. Councilmember Campbell seconded. Motion carried unanimously.

C. Ordinance 10-14 – Relating to outdoor advertising

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.

It was noted this change also removes the sunset provision.

Councilmember Campbell moved to adopt Ordinance 10-14. Councilmember Halbert seconded. Motion carried unanimously.

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

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 10-16. Councilmember Halbert seconded. Motion carried unanimously.

E. Ordinance 11-01 – Amending Sec. 17-88(3)(b) relating to fence setbacks

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 gave background on Ordinance 11-01.

Councilmember Campbell moved to approve Ordinance 11-01 on the first reading. Deputy Mayor Goldfarb seconded. Motion carried unanimously.

F. Resolution 11-02 – Appointing representatives to the Melbourne Beach Public Library Advisory Board

1. Appointment of two members

Mayor Berkman moved to approve Resolution 11-02. Councilmember Halbert seconded. Motion carried unanimously.

Mayor Berkman moved to appoint Elfrieda Raedler and Tom Carnohan as the Town’s representatives. Councilmember Halbert seconded. Motion carried unanimously.

VIII. UNFINISHED BUSINESS

A. Discussion and possible action regarding pavers (Requested by Mayor Berkman)

Ms. Waxman advised that 13 pavers have been sold to date. Ms. Waxman inquired about having a sign at the Boardwalk after the pavers are installed providing ordering information.

IX. NEW BUSINESS

A. Discussion regarding the sign ordinance (Requested by Mayor Berkman – tabled at the September 16, 2010 meeting)

Mayor Berkman advised that, after receiving feedback from business owners, he would like to have the Zoning and Planning Board review the sign ordinance.

Mr. MacNeill and Town Manager Chinault gave background on the sign ordinance.

The following people spoke regarding the sign ordinance:

Laura Lewandowski, 125 Eighth Avenue
Scott Smith, 321 Seventh Avenue
Ginny Heptig, 240 Ninth Terrace
Rhoda Waxman, 417 Oakland Avenue

The Town Manager advised that review of the sign ordinance would be added to the Board’s next agenda.

B. Discussion and possible action regarding Councilmember/Committee relationship (Requested by Councilmember Halbert)
Councilmember Halbert advised that she has been requested to inquire as to the role that a Councilmember should take in board and committee meetings. Attorney Gougelman stated that per the Town code, council liaisons could be appointed for each board or committee. He further advised that there are no guidelines as to how much a Councilmember may participate in other meetings unless it is a quasi-judicial board or a meeting at which two or more Councilmembers are present. It was noted that a disclaimer should be added to all agendas.

X. ADMINISTRATIVE MATTERS

The Council, Town Attorney, Town staff and residents thanked Councilmember Halbert for her service.

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

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

XI. REPORTS

A. Mayor Berkman thanked Councilmember Halbert for her work on the Council.

B. Deputy Mayor Goldfarb thanked everyone for their contributions to the Witch Way 5K and thanked Scott Smith and all the volunteers for the help with the Halloween party.

C. Councilmember Borysiewicz was not present.

D. Councilmember Campbell had no report.

E. Councilmember Halbert presented information from the Space Coast League of Cities meeting regarding the St. Johns Water Management District fertilizer requirements, noting that the Town has already adopted the required ordinance. Councilmember Halbert thanked everyone for letting her serve.

XII. ADJOURNMENT

The meeting adjourned at 8:05 pm.
TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: ________________________
Laura Eaton, CMC
Town Clerk