February 19, 2013

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[ Town Council - Meeting Minutes ]
February 19, 2013

TOWN OF INDIALANTIC
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
February 19, 2013 Town Hall
MINUTES NO. 13-05

MINUTES OF A TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 19, 2013

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

Susan Dieterle, 531 Sunset Blvd., Melbourne Beach, presented information on a farmers market held in Melbourne Beach and requested that Council consider allowing a similar event in Nance Park.

Council discussed the details and agreed to consider this at the March meeting.

Dick Dunn, 330 Tampa Avenue, presented information relating to pedestrian crossing signs and requested that additional wording be added to the signs on A-1-A and Fifth Avenue stating that cars must stop for pedestrians in the crosswalk per Florida Statute.

It was noted that these roads are under the control of the Florida Department of Transportation.

Attorney Gougelman suggested that the Town’s state representatives be contacted for assistance with requesting action from FDOT.

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 and Police/Fire Pension Board

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

V. CONSENT AGENDA

A. Minutes No. 13-04 – Regular Meeting – January 15, 2013

B. Approval of Lifeguard agreement with Brevard County for FY-13

C. Authorization of the Sixth Annual Witch Way 5k as a special event to be held on October 12, 2013; authorize the placement of a banner over Fifth Avenue and authorization to allocate one third of the net proceeds to the Indialantic Elementary Dad’s Club

D. Authorization for the Brevard County Mosquito Control District to operate an aircraft over the Town to spray for mosquitoes

E. Renewal of agreement with the State Attorney with regard to prosecution of Town code violations

Deputy Mayor Goldfarb moved to approve the consent agenda. Councilmember Hoffman requested that item C be removed. Deputy Mayor Goldfarb moved to approve items A, B, D and E. Councilmember Glass seconded. Motion carried unanimously.

C. Authorization of the Sixth Annual Witch Way 5k as a special event to be held on October 12, 2013; authorize the placement of a banner over Fifth Avenue and authorization to allocate one third of the net proceeds to the Indialantic Elementary Dad’s Club

Councilmember Hoffman requested background information relating to the distribution of the proceeds. Deputy Mayor Goldfarb explained the history and noted that the purpose of designating a beneficiary is to get those volunteers to help with the event. He noted that the Dad’s Club is part of the Indialantic Elementary PTO and that the money would help provide supplies for Indialantic students.

Deputy Mayor Goldfarb moved to approve item C with the allocation of one third of the net proceeds to the Indialantic Elementary PTO. Mayor Berkman seconded. Motion carried unanimously.

VI. APPOINTMENTS

A. Board of Adjustment – 1 opening. David Justice would like to be reappointed

Mayor Berkman moved to reappoint Mr. Justice. Deputy Mayor Goldfarb seconded. Motion carried unanimously.

B. Heritage Committee – 3 openings. Pam Dunn, Cindy Earp and Dian Milligan would like to be reappointed.

Mayor Berkman moved to reappoint Ms. Dunn, Ms. Earp and Ms. Milligan. Councilmember Hoffman seconded. Motion carried unanimously.

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

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

VII. ORDINANCES AND RESOLUTIONS

A. Ordinance No. 13-07 – Amending the Personnel/Civil Service Manual

1. Second reading – by title only

Attorney Gougelman read the ordinance by title only.

2. Public hearing and adoption

There were no public comments.

Deputy Mayor Goldfarb moved to adopt Ord. 13-07. Councilmember Glass seconded. Motion carried unanimously.

B. Ordinance No. 13-08 – Relating to outdoor cafes

1. First reading – by title only

Attorney Gougelman read the ordinance by title only.

2. Public hearing and adoption on first reading

There were no public comments.

Town Manager Chinault gave background information on the ordinance noting that the sunset provision relating to hours of operation has been renewed for approximately ten years and that this ordinance would make those sections permanent.

Mayor Berkman moved to approve Ord. 13-08 on first reading. Councilmember Hoffman seconded. Motion carried unanimously.

VIII. UNFINISHED BUSINESS

A. Discussion of building permit fees (continued from the January 15, 2013 meeting)

Town Manager Chinault presented background information including permit fees from other municipalities and the proposed revisions to the Town’s current fees. Cliff Stokes, Building Official, answered questions from Council.

It was the consensus of the Council that a flat fee of $75.00 be charged for HVAC permits and that staff present a resolution at the March meeting adopting the revised fees.

B. Discussion of pension benefits (continued from the January 15, 2013 meeting)

Councilmember Glass presented background information on three pension related bills being considered by the Florida Legislature and noted that the Florida League of Cities opposes all three. He suggested that consideration be given to converting the defined benefit plan to a defined contribution plan and requested that funds to conduct a cost-benefit analysis by an independent actuary be included in the FY-14 budget.

C. Discussion related to the Indialantic volunteer firefighters (continued from the January 15, 2013 meeting)

This was tabled until the March meeting.

IX. NEW BUSINESS

A. Discussion and possible action regarding portable signs (requested by Mayor Berkman)

Mayor Berkman presented photographs of various signs attached to vehicles and/or portable trailers and advised that he did not feel that the code was being consistently enforced.

Attorney Gougelman advised that vehicular signs are difficult to enforce noting that there is a difference in the primary intent between a vehicular sign and a vehicle with writing. He suggested that the Manatee County sign ordinance be considered relating to signs on trailers.

Council requested that the Attorney draft revisions to the sign ordinance and that businesses be invited to a workshop to provide input.

X. ADMINISTRATIVE MATTERS

A. Report from Town Manager – Town Manager Chinault presented an update on the Palm/Second avenues construction project.

Statistical Reports – January , 2013

B. Town Clerk’s Report

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

XI. REPORTS

A. Mayor Berkman advised that he will be attending the Mayor’s Conference on Friday.

B. Deputy Mayor Goldfarb had no report.

C. Councilmember Glass recommended reviewing the League of Cities’ presentation on upcoming legislation.

D. Councilmember Greer had no report.

E. Councilmember Hoffman reminded everyone of the March 2 classic car show fundraiser for holiday lights.

XII. ADJOURNMENT

The meeting adjourned at 8:50 pm.

TOWN OF INDIALANTIC

____________________________
David Berkman
Mayor
ATTEST: _____________________
Laura Eaton, CMC
Town Clerk