TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
May 21, 2001 Town Hall
MINUTES NO. 01-09
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON MAY 21, 2001.
PRESENT: Hon. Robert Cochran, Jr., Mayor
Hon. Michael Fischer, Deputy Mayor
Hon. Bruce Bogert, Councilman
Hon. Victor Kostro, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Laura Eaton, Town Clerk
ABSENT: Hon. Vince Benevente, Councilman (excused)
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
Joyce Warner, President of the Indialantic Homeowners’ Association, reported on the success of the concert held in Orlando Park on May 6. The concert was sponsored by the IHA with financial assistance from Harbor Federal to cover the cost of liability insurance. Ms. Warner encouraged the Town and the Parks, Recreation and Beautification Committee to sponsor such events in the future so that the Town’s liability insurance would cover the event.
Mayor Cochran read into the record a letter from Ray DiZefalo, Chairman of the Budget and Finance Committee. Mr. DiZefalo commended the Town Manager for dealing with the immediate budget, designing a capital improvement program and proposing renewal and replacement accounts.
IV. PUBLIC ANNOUNCEMENTS
A. There will be an opening on the Budget and Finance Committee in June
B. There is an opening on the Code Enforcement Board due to the resignation of Carroll Williams
C. Proclamation – Public Works Week – May 20 – 26, 2001
Mayor Cochran read the proclamation and presented it to Ron Cassedy, Director of Public Works.
V.APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT – filed by Dr. F. Prescott Ward. Dr. Ward is appealing the April 12, 2001 decision of the Board of Adjustment to grant a variance for Lot 9, Block 68. A variance was approved to code section 17-121(5)(b) – lot dimensions. The code requires that the minimum width at the building line be one hundred feet. The lot in question is seventy-five feet wide at the building line.
Mayor Cochran advised that Dr. Ward had requested a postponement of this action. The Council had no objections to hearing it this date.
Town Manager Chinault presented background information on the variance granted to build on a lot with 75’ frontage but meeting the 10,000 sq. ft. requirement. Mr. Chinault reported that there has been a question of access and advised that the code defines the right-of-way fronting the property as a public street making access available. He added that the actual manner of access would be addressed when the Town receives a building application.
Mr. Chinault advised that the staff had recommended approval to the Board of Adjustment and that, after the variance had been granted, staff discovered two additional code sections that should have been addressed. A second application was made and was denied by the Board of Adjustment. Mr. Boozer, the property owner, has subsequently appealed that decision.
Attorney Gougelman explained the exhibits provided to Council and clarified ex-parte communication.
Mayor Cochran disclosed that he had been contacted by Mr. Teimouri and Mr. Boozer.
Deputy Mayor Fischer disclosed that he had a brief conversation with Mr. Teimouri and that he drives by the property daily.
Bill DeLuccia, 416 Melbourne Ave., objected to the variance request based on the issue of safety to the children in the park, the effect on property values, the removal of endangered plant species and that it placed the well being of one person over the rights of others.
Carol Andren, 906 S. Ramona, recommended a continuance of this item to consider additional information presented to the Board of Adjustment in denying the second request.
Deputy Mayor Fischer moved to affirm the decision of the Board of Adjustment. Councilman Bogert seconded.
Deputy Mayor Fischer received clarification from the Town Manager on possible access methods.
Councilman Kostro received clarification that the owner would bear the cost of providing access.
Motion to affirm the decision of the Board of Adjustment carried unanimously.
VI. CONSENT AGENDA
A. Minutes No. 01-08 - Regular Meeting – April 17, 2001
B. Approval of preparation and adoption schedule for 01-02 budget
C. Approval to apply to the MPO to include the SR A1A/US 192 FDOT outfall reliever in the Transportation Improvement Program
D. Approval of grant agreement with the Department of Community Affairs in the amount of $24,287 for a Reverse 911 system
E. Proclamation – FEMA Project Impact Community
F. Approval of agreement for legal services between the Town and Suzanne A. Novak for her to serve as the prosecuting attorney in code enforcement cases
Deputy Mayor Fischer moved to approve Items A through F. Councilman Bogert seconded. Motion carried unanimously.
VII. APPOINTMENTS
A. Budget and Finance Committee – One opening. Ray DiZefalo would like to be reappointed. Application received from Collin Campbell, Jr.
Councilman Bogert nominated Ray DiZefalo. Mr. DiZefalo was reappointed unanimously.
B. Civil Service Board – One opening. Marlene Waclawski would like to be reappointed.
Deputy Mayor Fischer moved to reappoint Marlene Waclawski. Councilman Bogert seconded. Motion carried unanimously
C. Parks/Recreation/Beautification Committee – Rose Benevente and Marge Schwanbeck would like to be reappointed.
Councilman Bogert nominated Ms. Benevente and Ms. Schawnbeck. They were reappointed unanimously.
A. Ordinance 01-08 – Amending the Personnel/Civil Service Manual regarding leave time and the provisions for hiring/firing
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman Bogert moved to approve Ordinance 01-08. Deputy Mayor Fischer seconded.
There was no public comment.
Motion carried unanimously.
B. Ordinance 01-09 – Amending Section 9-11(12) to provide for occupational licenses for insurance companies
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Deputy Mayor Fischer moved to adopt Ordinance 01-09. Councilman Kostro seconded.
There was no public comment.
Motion carried unanimously.
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Deputy Mayor Fischer moved to approve Ordinance 01-10 Councilman Kostro seconded.
There was no public comment.
Motion carried unanimously.
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Deputy Mayor Fischer moved to adopt Ordinance 01-11. Councilman Kostro seconded.
John B. MacNeill, 1320 S. Riverside Dr., raised a zoning issue concerning the lots on 6th Ave. It was clarified that this would be reviewed at a later date.
Motion carried unanimously.
IX. UNFINISHED BUSINESS
A. Reconsideration of the request by Cliff Cook to locate a fence in the unpaved portion of N. Riverside Place right-of-way (discussed on November 21, 2000 and April 17, 2001) – Requested by Councilman Kostro
Councilman Kostro moved to grant Mr. Cook permission to allow the existing fence to remain in the unpaved portion of the Town right-of-way. Councilman Bogert seconded.
Carl Andren, 906 S. Ramona, questioned whether this action would vacate the Town’s right to use the right-of-way.
Eric Preece, 615 N. Riverside Dr., objected to the fence pointing out that the house faces Riverside Place and that Code Section 17-88 permits fencing to include side and rear yards only while this fence is in the front yard. Mr. Preece suggested putting a bike path on the right-of-way waiving the setbacks on either side per Section 17-88. He also stated that Attorney Gougelman had previously advised that the right-of-way could be used by the public.
Cliff Cook stated that, per county records, his legal address is 401 N. Riverside Dr. and that he uses Riverside Place as a mailing address. Mr. Cook maintained that the fence was erected to replace an existing fence and hedge taken out by the Town. He pointed out that the fence was approved and inspected by the previous Building Official.
Mr. Cook contended that the property owner owns the right-of-way and that the Town only holds the right to build a road on that property. He advised that he is concerned with personal safety issues and that he also has liability for anyone injured on that property. He reported that Town vehicles still have access to the right-of-way and requested that he be permitted to keep the fence.
Kent Broome, 510 N. Riverside Dr., suggested that the homeowners involved would be willing to pay a tax increase to close the right-of-way and confirmed that the fence has acted as a deterrent to trespassing. Mr. Broome also noted that the Town has never been impeded from access to the right-of-way. He recommended a dialogue concerning long term plans for the property.
Mayor Cochran noted that Mr. Cook has three telephone numbers listed in the telephone book and that all three list the address as 401 N. Riverside Place.
Attorney Gougelman advised that Section 861.01 of the State Statutes defines it as a misdemeanor to obstruct a public right-of-way and requires the obstruction to be removed.
Councilman Kostro explained that this is the same encroachment that existed prior to the Town removing the original fence and that Section 13-7 allows the Council to grant permission for the fence. He added that if the Town wants to do something with the property, it needs to take some action.
Deputy Mayor Fischer noted that Attorney Gougelman had previously advised that the Town would assume liability if a structure is allowed in the right-of-way.
Results of a roll call vote were:
Councilman Bogert – aye
Councilman Kostro – aye
Deputy Mayor Fischer – nay
Mayor Cochran – nay
Motion to allow the fence was not approved.
X.NEW BUSINESS
XI. ADMINISTRATIVE MATTERS
A. Report from Town Manager
1. Statistical Reports – April, 2001
Mr. Chinault also reported that the dates of the craft show in Nance Park had been changed to July 27 – 28, 2001.
A. Mayor Cochran congratulated Attorney Gougelman on having been rated in the top ranks of attorneys.
B. Deputy Mayor Fischer had no report.
C. Councilman Bogert had no report.
D. Councilman Kostro had no report.
The meeting was adjourned at 7:46 PM.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr.
Mayor
ATTEST:____________________
Laura Eaton, CMC
Town Clerk