February 15, 2011

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[ Town Council - Meeting Minutes ]
February 15, 2011

TOWN OF INDIALANTIC
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
February 15, 2011 Town Hall
MINUTES NO. 11-06

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 15, 2011

PRESENT: Hon. Dave Berkman, Mayor
Hon. Loren Goldfarb, Deputy Mayor
Hon. Chris Campbell, Councilmember
Hon. Stuart Glass, Councilmember
Hon. Randy Greer, 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

A. Proclamation – Relay for Life

Mayor Berkman read the proclamation and presented a check for $1,000 representing Council’s salary for March to the American Cancer Society’s Relay for Life. Patty Scorvino thanked everyone and noted the theme for this year is “Connecting the Community for a Cure.” Attorney Gougelman also agreed to make a donation.

B. Others – There were no other public comments

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, Parks, Recreation and Beautification Committee, Heritage Committee and the Police/Fire Pension Board

B. There will be openings, including reappointments, on the Board of Adjustment, Budget and Finance Committee, Code Enforcement Board and the Parks, Recreation and Beautification Committee in March

V. CONSENT AGENDA

A. Minutes No. 11-05 – Regular Meeting – January 18, 2011

B. Approval of the County’s plan to install an exfiltration system in Sunrise Park and approve an amendment to the lease with the County assigning exfiltration maintenance in the Park to the County

C. Approval for the Indialantic Elementary Parent Teacher Student Organization to use Nance Park on May 7, 2011 subject to Town Manager approval

Item C was removed from the agenda.

Councilmember Campbell moved to approve items A and B. Deputy Mayor Goldfarb seconded. Motion carried unanimously.

VI. APPOINTMENTS

A. Board of Adjustment – 3 openings. David Justice and Laura Lewandowski would like to be reappointed. Application received from James Bates and Irene Quilleux

The application from Ms. Quilleux has been withdrawn.

Councilmember Campbell moved to reappoint Mr. Justice and Ms. Lewandowski. Councilmember Glass seconded. Motion carried unanimously.

Council agreed to hold the remaining vacancy until the March meeting.

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

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

C. Police/Fire Pension Board – 1 opening. Gerald Kowalski would like to be reappointed.

Councilmember Campbell moved to reappoint Mr. Kowalski. Councilmember Glass seconded. Motion carried unanimously.

VII. ORDINANCES AND RESOLUTIONS

A. Ordinance 11-05 – Extending the sunset provision relating to hours of operation for certain outdoor cafes

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 11-05. Deputy Mayor Goldfarb seconded. Motion carried unanimously.

VIII. UNFINISHED BUSINESS

IX. NEW BUSINESS

A. Discussion and possible action regarding amending the code to allow dogs in parks for Town declared special events (Requested by Mayor Berkman)

Mayor Berkman stated that people often bring their dogs to the park for events such as Friday at Fifth and the art show and suggested that Council consider amending the code to allow dogs for these special events.

In response to a question from Council, Attorney Gougelman advised that the Town could face additional liability and recommended contacting the Town’s insurance carrier to determine if an injury would be covered and what safety measures would be recommended, such as signs, prior to allowing it.

Councilmember Greer advised that the Melbourne Art Festival allowed dogs and has had problems with the dogs urinating and fighting. He noted that bringing dogs into crowds can make them more anxious due to the higher energy level during special events.

Town Manager Chinault was requested to review the Town’s policy with the insurance carrier and report to Council at the next meeting.

B. Discussion and possible action regarding amending Sec. 4-25(b) relating to fowl (Requested by Councilman Campbell)

Councilmember Campbell advised that he has been requested by residents to allow a limited number of chickens in residential areas.

Councilmember Campbell moved to continue the discussion to allow chickens. The motion died due to the lack of a second.

C. Discussion and possible action regarding extension of employment agreement with the Town Manager

Town Manager Chinault advised that the amendment extends the agreement for three years and that no other changes are proposed.

Mayor Berkman moved to approve the amendment extending the employment agreement to March, 2015. Councilmember Glass seconded.

Council discussed the desirability of having the Manager live in Town and the value of institutional knowledge and experience working with other governmental agencies.

In response to a question from Council regarding similar employment agreements, Attorney Gougelman advised that residency requirements are not common and that a three-year extension is usual.

The following residents gave comment:

Dick Dunn, 330 Tampa Avenue
Louis Postma, 112 Fourth Avenue
Vince Benevente, 427 Oakland Avenue

The motion to extend the Town Manager’s contract through March, 2015 carried with Mayor Berkman, Deputy Mayor Goldfarb, Councilmember Glass and Councilmember Greer voting “aye” and Councilmember Campbell voting “nay.”

X. ADMINISTRATIVE MATTERS

A. Report from Town Manager
Statistical Reports – January 2011

Town Manager Chinault noted that work has begun on the sidewalks on Tradewinds Terrace.

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

XI. REPORTS

A. Mayor Berkman reported the following:

Skim City is hosting a skim board competition at the beach this weekend.

Chief Macdonald is working with the St. Balderick’s organization for a cancer fund raiser. He requested that a link be added to the website.

He will be out of town on March 23rd which is the date of the Mayors for Meals event; Deputy Mayor Goldfarb will participate in his place.

He recommended visiting the new animal care center at the Brevard Zoo.

B. Deputy Mayor Goldfarb had no report.

C. Councilmember Campbell had no report.

D. Councilmember Glass had no report.

E. Councilmember Greer requested a workshop on April 19, 2011 at 6:00 pm before the regular Council meeting to discuss landscaping on Fourth, Fifth and Sixth avenues.

XII. ADJOURNMENT

The meeting adjourned at 8:00 pm.
TOWN OF INDIALANTIC

____________________________
David Berkman
Mayor

ATTEST: _____________________
Laura Eaton, CMC
Town Clerk