TOWN OF I N D I A L A N T I C
Brevard County,
Florida 32903
REGULAR TOWN
COUNCIL MEETING
March 21, 2000 Town
Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON MARCH 21, 2000.
PRESENT: Hon. Robert Cochran, Jr., Mayor
Hon. Lisa Leger Frazier, Deputy Mayor
Hon. Vince Benevente, Councilman
Hon. Bruce Bogert, Councilman
Hon. Michael Fischer, Councilman
Paul Gougelman, Town Attorney
Laura Eaton, Interim Town Manager
Barbara Brownlie, Interim 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
The order of the agenda was amended to accommodate the Town Attorney’s time schedule.
IX. UNFINISHED BUSINESS
A. Jack Gilbert, Harvest Electric – Discussion and possible action regarding code enforcement lien
Attorney Gougelman gave background on the Code Enforcement action that has resulted in an outstanding fine of $8,300 and a lien being placed on properties owned by Mr. Gilbert.
Mr. Gilbert offered $7,000 as a compromise settlement.
Mr. Gougelman
advised that the Council could take no action, accept the offer or make a
counter-offer.
Councilman
Benevente moved to accept Mr. Gilbert’s offer. Councilman Bogert
seconded. In a roll call vote Councilman Bogert voted “yes;” Councilman
Benevente voted “yes”; Councilman Fischer voted “no;” Deputy Mayor Frazier
voted “yes;” and Mayor Cochran voted “no.” Motion carried.
X. NEW BUSINESS
C. Discussion and possible action regarding North Riverside Place
right-of-way
Attorney Gougelman explained that, as referenced in a letter from Alan G. Garoust, 500 N. Riverside Dr., some string and stakes have been placed at the northern extension of Riverside Place by residents due to traffic concerns.
Attorney Gougelman maintained that, although the right-of-way has been sodded, the property has not been vacated by the Town and remains a dedicated public right-of-way and blocking it off is probably not a legal action.
He stated that potential problems exist for vehicles using the right-of-way as there are no lights and the roadway is not clearly marked and added that the Town has a right to post signage restricting traffic.
Ron Cassedy,
Director of Public Works, reported that the right-of-way is not eroded, as Mr.
Garousts’ letter maintained, and that the outfall has been opened and is now
working.
Council
discussed the on-going problems with the property and agreed to have the new
Town Manager pursue the ultimate disposition of the right-of-way.
Gerry Gonsalves requested that Council investigate the need for this right-of-way.
Councilman
Fischer moved to remove the barricades and erect a sign prohibiting motorized
traffic on the right-of-way. Deputy Mayor Fischer seconded. Motion
carried unanimously.
The
Town Manager was requested to follow up with a letter to Mr. Garoust.
G. Discussion and possible action regarding a review of the Town Charter
(Requested by
Councilman Bogert)
Mayor Cochran
recommended that the Town Attorney review the Charter with comments and change
requests submitted by the Councilmembers over the next few months.
Councilman
Bogert moved to request that the Town Attorney review the Charter and it be the
topic of ongoing discussions. Councilman Benevente seconded. Motion
carried unanimously.
H. Discussion and possible action regarding the Town Manager’s contract
Mayor Cochran and Ms. Eaton have negotiated a contract with Mr. Chinault identical to the former Town Manager’s except for the salary and inclusion of moving expenses.
Councilman
Fischer moved to approve the contract. Councilman Bogert seconded.
In a roll call vote Councilman Bogert voted “yes;” Councilman Benevente voted
“no;” Councilman Fischer voted “yes;” Deputy Mayor Frazier voted “no” and Mayor
Cochran voted “yes.” Motion carried.
A. Discussion
and possible action regarding Indian River Lagoon Scenic Highway
1.
Letter of support
2.
Appointment of representatives to the Corridor Management Entity
Attorney
Gougelman explained that the proposed Indian River Lagoon Scenic Highway would
include A1A through Indialantic. He explained that such a designation
would mean increased funding and planning for beautification and preservation.
Attorney
Gougelman advised that the Corridor Advocacy Group is requesting a strong
letter of support from each local government, a commitment to consider
appropriate future non-binding comprehensive plan amendments and the
appointment of two representatives to the Corridor Management Entity.
Attorney
Gougelman acknowledged that the Corridor Advocacy Group is an advisory group
with funds coming through grant programs.
Norman Greer,
700 N. Shannon, recommended that Council consider the impact of the scenic
highway designation for people living and with businesses along A1A.
Attorney
Gougelman maintained that the designation cannot be used to stop commercial
zoning and that the local governments maintain final jurisdiction.
Councilman
Benevente moved to approve the letter of support. Councilman Fischer
seconded. Motion carried unanimously.
Mayor Cochran appointed Councilman Bogert and himself as representatives to the Corridor Management Entity.
Mayor Cochran called a brief
recess.
III. PUBLIC
Ray DiZefalo,
141 Tampa Ave., a representative to the Marine Resources Council, commended a
group of Indialantic Elementary School students for their project planting
mangrove seedlings along the Eau Gallie River and their donation of surplus
funds to the Marine Resources Council.
IV. PUBLIC
ANNOUNCEMENTS
A. There
is one opening on the Code Enforcement Board, one on the Zoning and Planning
Board, two on the Board of Adjustment and one on the Sunset Review Committee.
B. Proclamation
– April as Keep Brevard Beautiful Month and April 15, 2000 as Trash Bash Day
C. The
Parks/Recreation/Beautification Committee will be sponsoring the annual Easter
Egg Hunt in Orlando Park on April 15, 2000 beginning at 10:00 AM
V.PRESENTATION AND APPROVAL OF 1998-99 AUDIT
Ross Whitley,
partner with Berman, Hopkins, Wright & LaHam, presented the audit
report. He pointed out that the General Fund had an unreserved surplus of
$803,244 and that the combined Enterprise Funds had a surplus of almost
$15,000.
Mr. Whitley
also made recommendations on recording fixed assets.
Deputy Mayor
Frazier moved to accept the audit. Councilman Bogert seconded. Motion carried
unanimously.
VI. CONSENT
AGENDA
A. Minutes
No. 00-8 – Regular Meeting – February 15, 2000
B. Minutes
No. 00-9 – Special Meeting – February 28, 2000
C. Minutes
No. 00-10 – Special Meeting – March 2, 2000
D. Minutes
No. 00-11 – Special Meeting – March 15, 2000
E. Approval
of interlocal agreement with Brevard County for traffic signal
maintenance/repair
F. Approval
of bid from Atlantic Development of Cocoa for restoration work at Riverside
Park
Deputy Mayor
Frazier moved to approve Items A through E. Councilman Bogert
seconded. Motion carried unanimously.
F.
Approval of bid from Atlantic Development of Cocoa for restoration work at
Riverside Park
Acting Town
Manager Laura Eaton clarified that the bid from Atlantic Development only
covered restoration from hurricane damage and was within the scope of work
approved by FEMA for reimbursement.
Public Works
Director Ron Cassedy explained the project to restore the shoreline and reclaim
what was lost in the storm.
Deputy Mayor
Frazier received clarification that the use of geo-webbing instead of coquina
rock was considered cost prohibitive.
Councilman
Fischer requested that the Council be provided with more information when bids
are presented for approval.
Councilman
Benevente moved to approve Item F. Councilman Bogert seconded.
Motion carried with Councilman Bogert, Councilman Benevente, Councilman Fischer
and Mayor Cochran voting “yes.” Deputy Mayor Frazier voted “no.”
VII. APPOINTMENTS
Councilman
Bogert moved to reappoint Ms. Thomson and Ms. Kowalski. Councilman
Benevente seconded. Motion carried unanimously.
B.
Board of Adjustment – Two openings. Application received from
Douglas Allison and Conan Popovich
Councilman
Benevente moved to appoint Mr. Allison and Mr. Popovich. Councilman
Fischer seconded. Motion carried unanimously.
C.
Zoning and Planning Board – One opening. Application received from
Randall Greer
Councilman
Bogert moved to appoint Mr. Greer. Councilman Benevente seconded.
Motion carried unanimously.
A.
Ordinance 00-02 – Amending Police/Fire Pension Fund
1.
Second reading – by title only
The Acting Town Clerk read the ordinance by title only
2. Public
hearing and adoption
Deputy Mayor
Frazier moved to approve Ordinance 00-02. Councilman Fischer
seconded. Motion carried unanimously.
B.
Resolution 00-07 – Requesting support from the Florida Delegation to
have Congress appropriate funds for Brevard County Shore Protection project in
FY 2001
Deputy Mayor Frazier moved to adopt Resolution 00-07. Councilman Benevente seconded. Motion carried unanimously.
IX. UNFINISHED
BUSINESS
A.
Discussion and possible action regarding Advanced Life Support program
Mayor Cochran
recommended tabling this item until next month when the new Town Manager could
become familiar with the expenditure.
Kenneth
Windham, representing Brevard Emergency Medical Services Foundation, stressed
the importance of having paramedics at fire stations and commended the Town for
considering the proposal.
X.NEW BUSINESS
B. Discussion
and possible action regarding Urban Forestry Grant (Requested by Deputy Mayor
Frazier)
Deputy Mayor
Frazier asked if the grant, originally written for 4th and 6th
Avenues for which there are currently no plans, could be directed
elsewhere.
Acting
Manager Eaton explained that the grant application can be modified before the
final agreement is signed.
The Mayor
requested that Ms. Eaton verify deadlines, get recommendations from the Parks
Committee and that the item be brought back to Council next month.
D.
Blair Liddell – Request for plant sale – May 12 through June 24
Blair Liddell
advised that he had been conducting the plant sale since 1994. Mayor
Cochran noted that Mr. Liddell contributes $2,000 to the
Parks/Recreation/Beautification Committee each year.
Deputy Mayor
Frazier pointed out that the major concern is having an individual living in a
trailer at the site for the duration of the sale in violation of Town code.
Councilman
Benevente commented that we have no way of tracking the sales.
Ken Bohlmann,
Chairman of the Parks/Recreation/Beautification Committee, stated that the
amount contributed by Mr. Liddell is a considerable amount for such a small
community. He suggested amending the code for a conditional use.
Gerry
Gonsalves, 331 Third Ave., presented a petition signed by residents opposed to
the plant sale.
Linda Postma, 112
Fourth Ave., observed that the petition raised valid objections and that the
Town should not practice selective enforcement nor be forced to solicit private
funding.
Louis Postma
suggested that the Parks Committee be funded from General Revenue rather than
be subsidized by a traveling private enterprise.
Councilman
Fischer noted that the property used is slated for development and this would
probably be the last year it would be available.
Deputy Mayor
Frazier moved to disapprove Mr. Liddell’s request. Councilman Benevente
seconded. Motion carried with Councilman Bogert, Councilman Benevente,
Councilman Fischer and Deputy Mayor Frazier voting “yes.” Mayor Cochran
voted “no.”
E. Discussion and possible action regarding repair of the
sprinkler system on the Causeway (Requested by Councilman Bogert)
Councilman Bogert questioned why the
sprinkler system installed on the Causeway years ago has remained inoperative
for so long.
Mr. Cassedy explained that the system
was damaged by DOT many years ago.
Deputy Mayor Frazier noted that there
are beautification plans drawn for the Causeway.
Council will refer this to the new Town
Manager.
F. Discussion and possible action regarding
the street paving schedule (Requested by
Councilman Bogert)
Mr. Cassedy
resubmitted the paving project that was recommended last year and suggested a
regular maintenance program to keep up with paving.
Ms. Eaton explained that last year’s money for paving was redirected toward drainage projects on Fourth and Fifth Avenues.
Council agreed to consider the paving schedule at the next meeting.
I. Request from the
Parks/Recreation/Beautification Committee for a joint workshop to discuss the
Fifth Avenue median
Ken Bohlmann proposed that the
Parks/Recreation/Beautification Committee meet as a committee and come up with
a solution to the median problem to be presented in a workshop with the
Council.
It was the consensus of the Council to schedule a workshop at 6:15 PM on
April 18, 2000 prior to the regular Council meeting.
J. Discussion and possible action regarding cleaning of
the Causeway and bridge (Requested by Councilman Benevente)
Ron Cassedy
advised that the FDOT is responsible for the Causeway and he has contacted them
concerning their schedule.
It was the
consensus of Council that the new Town Manager contact FDOT regarding this.
K.
Discussion and possible action regarding changing the hours for parking in
Nance Park
Ms. Eaton
explained that the Police Department has suggested extending the hours of
parking in Nance Park until 1:30 AM to alleviate the problem of traffic leaving
the Wavecrest area through the residential neighborhoods and instead directing
it to the north.
It was
clarified for Mr. MacNeill that the restrooms in the Park are locked after 9:00
PM.
Councilman
Fischer moved to extend the hours as recommended and install additional
lighting. Councilman Bogert seconded. Motion carried with Councilman Bogert,
Councilman Fischer, Deputy Mayor Frazier and Mayor Cochran voting “yes.”
Councilman Benevente voted “no.”
XI. ADMINISTRATIVE
MATTERS
A. Report from Town Manager
1. Statistical
Reports – February, 2000
Ms. Eaton also reported that she had met with Ron Cassedy, Scott Glaubitz and
representatives from DOT and that DOT would be removing the overhead school
sign on Fifth Avenue and replacing it with school crossing signals on the sides
of the road.
B.
The Town Attorney had no report.
XII. REPORTS
A.
Mayor Cochran reported that Town Manager Christopher Chinault would
start work at 8:30 AM on Monday, March 27.
B.
Deputy Mayor Frazier reported that she had received a letter pointing
out that 12th Avenue is misspelled on a street sign. She
pointed out that the PBA contract needs to be pushed forward and that the
stormwater report needs to be addressed. She also reported on the recent
actions of the Code Enforcement Board concerning Bonadent Dental Lab and
suggested that the Council determine a definition of “manufacturing” as used in
the Code.
Deputy Mayor
Frazier then announced that she and her family would be leaving the area and
that April would be her last month on the Council.
C. Councilman Benevente announced that Armed Forces Day will
be celebrated May 20, 2000, Armed Forces Weeks will be commemorated May 14- May
21, 2000 and requested a proclamation honoring the day. He also presented
a schedule of the festivities planned for that day.
D. Councilman Bogert had no
report.
E. Councilman Fischer reported that the owner of a new
ice cream shop opening on Fifth Ave. had contacted him about being requested by
Code Enforcement to remove an “opening soon” banner. Councilman Fischer hoped
this attitude could be changed. He requested that the Riverside Place
issue be placed on the next agenda and urged the support of the entire Council
for the new manager.
XIII. REMINDER LIST
A. Outdoor lighting in residential and commercial areas
B. Fourth Avenue (300/400 block) Paving/Drainage
C. Implement
Drug Free Workplace
D. Acquisition of property adjacent to Town Hall
E.
Stormwater utility fee
XIV.ADJOURNMENT
The meeting was adjourned at 8:45 PM.
TOWN OF INDIALANTIC
_______________________
Robert L. Cochran, Jr.
Mayor
ATTEST:
______________________
Laura Eaton, CMC
Town Clerk