TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
December 15, 1998 Town Hall
MINUTES NO. 99-4
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON DECEMBER
15, 1998
PRESENT:
Hon. Robert Cochran, Mayor
Hon. Lisa Leger Frazier, Deputy Mayor
Hon. Mike Fischer, Councilman
Hon. Bob Hartman, Councilman
Hon. Bob Rondinone, Councilman
Paul Gougelman, Town Attorney
Les Barlow, Interim 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 Cochran called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC
Cristianne Rafford, 450 Watson Dr., noted a problem with a large pepper tree on a neighboring property endangering her garage roof. She was advised by Code Enforcement that the situation was not addressed in the present ordinances. Council advised her to speak with the Town Manager.
John MacNeill, 1320 S. Riverside Dr., pointed out an item from the October Zoning Board Minutes concerning building height limits.
Adela Gonzalez, 700 Wavecrest Ave., urged the Council to consider purchasing the property located at 230 Fifth Ave. abutting the Town Hall.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are openings on the Budget and Finance Committee, the Zoning and Planning Board, the Board of Adjustment, the Police/Fire Pension Board and the Sunset Review Committee
B. There will be openings on the Budget and Finance Committee and the Zoning and Planning Board in January
C. Town Hall will be closed December 24th and 25th for Christmas and January 1st - New Year's Day
V. CONSENT AGENDA
A. Minutes No. 99-3 - Regular Meeting - November 17, 1998
B. Approval of lifeguard agreement with Brevard County for 1999
C. Approval of interlocal agreement - County Wide Emergency Services Mutual Assistance Agreement
D. Approval of amended 911 Interlocal Agreement with Brevard County
Deputy Mayor Frazier moved to approve Consent Agenda items A, C and D. Councilman Hartman seconded. Motion carried unanimously.
B. Approval of lifeguard agreement with Brevard County for 1999
Deputy Mayor Frazier noted that more lifeguard coverage should be available during spring break and after Memorial Day. The Town Clerk reported that the town's cost for additional service would be $70 per day for two lifeguards.
Councilman Fischer moved to table approval of the contract until the January meeting. Councilman Hartman seconded.
It was noted that the Board of County Commissioners will be voting on the contract at their January meeting. Attorney Gougelman advised that the contract could be approved now and amended later.
The motion to table failed with Councilman Hartman voting "yes." Mayor Cochran, Deputy Mayor Frazier, Councilman Fischer and Councilman Rondinone voted "no."
Councilman Fischer moved to approve the contract. Deputy Mayor Frazier seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Board of Adjustment - 3 openings. Ray Disher and Joel Rosenblatt would like to be reappointed. Applications received from John Allen and Gus Carey
Deputy Mayor Frazier moved to appoint Ray Disher, John Allen and Gus Carey.
Councilman Rondinone moved to appoint Mr. Rosenblatt.
A roll call vote for the appointment of Mr. Allen resulted in Councilman Rondinone voting "no," Councilman Hartman voting "no," Councilman Fischer voting "yes," Deputy Mayor Frazier voting "yes," and Mayor Cochran voting "yes." Mr. Allen was appointed.
A roll call vote for the appointment of Mr. Carey resulted in Councilman Rondinone voting "yes," Councilman Hartman voting "no," Councilman Fischer voting "yes," Deputy Mayor Frazier voting "yes," and Mayor Cochran voting "yes." Mr. Carey was appointed.
A roll call vote for the appointment of Mr. Disher resulted in Councilman Rondinone voting "no," Councilman Hartman voting "no," Councilman Fischer voting "yes," Deputy Mayor Frazier voting "yes," and Mayor Cochran voting "yes." Mr. Disher was appointed.
B. Budget and Finance Committee - 1 opening. Karen Turja would like to be reappointed
Councilman Rondinone nominated Ms. Turja. Ms. Turja was appointed unanimously.
C. Pension Board of Trustees - Police/Fire. One opening. Richard Bailey would like to be reappointed
Councilman Fischer nominated Mr. Bailey. Mr. Bailey was appointed unanimously.
D. Sunset Review Committee - 1 opening. Gus Carey would like to be appointed.
Deputy Mayor Frazier nominated Mr. Carey. Mr. Carey was appointed unanimously.
E. Zoning and Planning Board - 2 openings. John MacNeill would like to be reappointed. Application received from Michael Ulmer
Councilman Fischer nominated Mr. MacNeill and Mr. Ulmer. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance 99-1 - Amending Section 17-128 - CH Zoning District
1. First reading - by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Councilman Fischer recused himself as he has been retained as a general contractor on the Church project.
Deputy Mayor Frazier moved to approve Ordinance 99-1. Mayor Cochran seconded.
Joel Rosenblatt, 445 Eleventh Ave., spoke against the ordinance stating that it adds uses thereby creating a new business district.
John MacNeill pointed out that the church district is mainly bordered by residential professional and not commercial zoning.
Walt Fredrickson, 414 S. Riverside Dr., stated that the Church was only trying to construct a building architecturally compatible with other buildings along 5th Ave. and urged the Council to approve the ordinance.
Bill Vernon, 510 Watson Dr., noted that the uses being added are not money making ventures but uses common to churches.
In answer to a question from Councilman Rondinone, Attorney Gougelman explained that the ordinance increases the height to 35', expands the uses related to churches, and removes the current pyramid concept of zoning.
Councilman Hartman moved to delete permitted uses 3, 4 and 6.
Deputy Mayor Frazier moved to strike use 6, delete lot size and yard restrictions (items f, g, h, i, j and n) and insert applicable setbacks from the right of ways. Mayor Cochran seconded.
Councilman Hartman pointed out that the sign provisions are also subject to the pyramid concept and should be addressed.
Deputy Mayor Frazier amended her motion to remove item n, the buffer strip, and to add setback clarifications as defined by the Town Planner.
Attorney Gougelman advised that it would be appropriate to pass the ordinance as written and clarify the setbacks with an additional ordinance after review by the Zoning and Planning Board.
Deputy Mayor Frazier moved to pass the ordinance on first reading with the removal of item n - buffer strip - and the sign provision amended. Mayor Cochran seconded. A roll call vote resulted in Councilman Rondinone voting "no," Councilman Hartman voting "no," Deputy Mayor Frazier voting "yes," and Mayor Cochran voting "yes." Councilman Fischer abstained.
Councilman Hartman moved to reconsider the vote by which Ordinance 99-1 failed. Mayor Cochran seconded. Motion carried with Mayor Cochran, Deputy Mayor Frazier and Councilman Hartman voting "yes." Councilman Rondinone voted "no."
Councilman Hartman moved to adopt Ordinance 99-1 deleting permitted uses 3, 4 and 6 and adding signage as permitted in CH & RP zoning. Deputy Mayor Frazier seconded. A roll call vote resulted in Councilman Rondinone voting "no," Councilman Hartman voting "yes," Deputy Mayor Frazier voting "yes," and Mayor Cochran voting "yes." Councilman Fischer abstained. Motion carried.
B. Ordinance 99-2 - Amending Ordinance 89-15 to allow Police/Fire Pension contributions to be made on a pre-tax basis
1. First reading - by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Councilman Hartman moved to adopt Ordinance 99-2. Deputy Mayor Frazier seconded. Motion carried unanimously.
C. Resolution 99-3 - Authorizing funds for purchase of fire truck
Resolution 99-3 was withdrawn and will be considered at a special meeting January 12, 1999 at 6:00 pm.
D. Resolution 99-4 - Accepting improvements to Fourth Avenue
The Town Clerk read the resolution by title only.
Mayor Cochran recused himself as his family owns property on Fourth Ave.
Deputy Mayor Frazier moved to approve Resolution 99-4. Councilman Fischer seconded. Motion carried unanimously with Mayor Cochran abstaining.
E. Resolution 99-5 - Resolving title dispute with Eastminster Church for property located west of Riverside Place
The Town Clerk read the resolution by title only.
Councilman Fischer recused himself as he is the general contractor on the Church construction project.
Deputy Mayor Frazier moved to approve Resolution 99-5. Mayor Cochran seconded.
Joel Rosenblatt presented a prepared document on the title controversy to be included in the record and maintained that property owned by the Town can not be disposed of without a referendum. He urged the Council to further investigate the ownership of the disputed parcel.
Councilman Rondinone requested that Attorney Gougelman research the title back to an original warranty deed.
Attorney Gougelman explained the chain of title which had been uncovered and reported on the intent of the Church to file a "quiet claim" action which he believed would probably be successful.
Mr. Gougelman also gave estimates on the cost of a title abstract search, public referendum and expense to defend the title in a court action
A roll call vote to approve Resolution 99-5 did not pass with Councilman Rondinone voting "no," Councilman Hartman voting "no," Deputy Mayor Frazier voting "yes" and Mayor Cochran voting "yes."
Mayor Cochran called a brief recess.
VIII. UNFINISHED BUSINESS
A. Approval of landscape bid for Fifth Avenue median (Continued from the November meeting)
The Town Clerk reported that the Design Committee had met and reviewed the plans with the landscape architect. The committee recommended keeping the original design concept and upgrading the trees if possible.
Deputy Mayor Frazier reported that the Design Committee had also moved to allow the landscape architect, Peter Sechler, to administer the contract with the low bidder staying within the Town's budget and according to the approved specifications.
Mayor Cochran declared a possible conflict of interest because his family owns property on Fifth Ave.
Councilman Rondinone expressed concern with safety issues.
Mayor Cochran withdrew his conflict and moved to table this issue until the January meeting to ascertain an opinion from the Commission of Ethics regarding a conflict. Deputy Mayor Frazier seconded. Motion carried with Mayor Cochran, Deputy Mayor Frazier and Councilman Fischer voting "yes." Councilman Hartman and Councilman Rondinone voted "no."
B. Discussion of Council's short term goals (Requested by Councilwoman Frazier)
Deputy Mayor Frazier noted that a consensus defined the following five short term goals of the Council:
1. Hire a Town Manager
2. Landscape the median
3. Improve drainage on 4th and 6th Aves.
4. Causeway/Riverside Park improvements
5. Increase communication with more frequent newsletters
C. Discussion and possible action regarding preparing a short list of candidates for the Town Manager position
It was the consensus of Council to narrow the list to the 12 applicants chosen by three or more reviewers. The Town Clerk was requested to set up interviews for January 9th and January 23rd and to request references if not provided in the resumes.
D. Discussion and possible action regarding outstanding assessments for improvements to the 100 block of Fourth Avenue (continued from the November meeting)
Attorney Gougelman presented two options for the collection of outstanding assessments: do nothing or implement an enforcement plan through court action. He explained that enforcement would start with a demand letter notifying the violator of an outstanding lien and debt due.
Mayor Cochran moved to proceed with legal action to collect unpaid assessments for the 100 block of Fourth Ave. Deputy Mayor Frazier seconded. A roll call vote resulted in Councilman Rondinone voting "yes," Councilman Hartman voting "no," Councilman Fischer voting "yes," Deputy Mayor Frazier voting "yes," and Mayor Cochran voting "yes." Motion carried.
IX. NEW BUSINESS
A. Discussion and possible action regarding policy for web page (Requested by Councilwoman Frazier)
Deputy Mayor Frazier requested that the Council write a policy stating that the WEB page should not be used for public forums or opinions, but only for factual community information and that individual Councilmember pages not be used for personal political satisfaction.
Councilman Hartman moved to table the issue. Councilman Rondinone seconded. Motion carried with Councilman Fischer, Councilman Hartman and Councilman Rondinone voting "yes," Mayor Cochran and Deputy Mayor Frazier voted "no."
B. Discussion and possible action regarding public records procedures (Requested by Councilwoman Frazier)
This item was tabled until the next meeting.
C. Approval to transmit Evaluation and Appraisal Report (EAR) amendments to the Comprehensive Plan to the State
1. Transmittal public hearing
There were no public comments.
Councilman Hartman moved to transmit the amendments to the Comp Plan to the State. Deputy Mayor Frazier seconded.
Mayor Cochran requested that the Councilmembers submit written comments to the Town Manager to be forwarded to the Town Planner and the other Council members.
Councilman Hartman withdrew his original motion.
Deputy Mayor Frazier moved to table this item until the written comments were received and addressed at the January meeting. Councilman Hartman seconded. Motion carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
The following reports were included in the packets:
1. Statistical Reports - November 1998
2. PBA update
B. The Town Attorney had no report.
XI. REPORTS
A. Mayor Cochran wished everyone happy holidays.
B. Deputy Mayor Frazier had no report.
C. Councilman Fischer complimented Officer Kelly Sanders and the Police Chief on handling a violation of the noise ordinance and expressed disappointment with the handling of the median landscaping by the Council.
D. Councilman Hartman wished everyone a Merry Christmas.
E. Councilman Rondinone also wished everyone a Merry Christmas.
XII. ADJOURNMENT
The meeting was adjourned at 10:10 PM.
TOWN OF INDIALANTIC
___________________________
Robert Cochran, Jr. Mayor
ATTEST: ________________________
Laura Eaton, CMC Town Clerk