TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
July 17, 2001 Town Hall
MINUTES NO. 01-13
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JULY 17, 2001.
PRESENT: Hon. Robert Cochran, Jr., Mayor
Hon. Vince Benevente, Councilman
Hon. Bruce Bogert, Councilman
Hon. Victor Kostro, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Barbara Brownlie, Deputy Town Clerk
ABSENT:Hon. Michael Fischer, Deputy Mayor (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
George Gergora, 316 Deland Ave., referred to several board decisions recently overturned by the Council and requested that Council let the citizen committees do their jobs and to preserve the current codes.
Dave Berkman, 225 8th Ave., questioned the benefit of changing the code regarding breezeways.
Gus Carey, 106 Deland Ave., stated that changing the breezeway requirements now would encourage other changes in the future and change is not necessary.
Scott Smith, 321 7th Ave., requested that the Town look into the accumulation of debris at the former Mac’s Fifth Ave. site.
IV. PUBLIC ANNOUNCEMENTS
A. Qualifying dates for the November 6th election of two Councilmembers will be August 23, 2001 through September 6, 2001
V. CONSENT AGENDA
A. Minutes No. 01-10 - Regular Meeting – June 19, 2001
B. Minutes No. 01-11 – Special Meeting – June 27, 2001
C. Confirmation of renewal of contract with FDOT for right-of-way maintenance
D. Approval of settlement agreement regarding a lawsuit filed by Thomas Downs
E. Approval of position adjustment with the Police Department – creating a Sergeant slot and eliminating the Lieutenant slot
F. Authorization for the Brevard Mosquito Control District to spray for mosquitoes
G. Appointment of Auditor Selection Committee
H. Approval of a parking lot lease with Certified General Contractors, Inc. for Lot 12, Block 28, south side of Sixth Avenue in the 100 block
I. Approval to extend the current agreement between the Town and Brevard County regarding disbursement of monies from the Transportation Impact Fee Trust (TIFT) Fund for the right turn lane and sidewalk at Fifth Avenue and Riverside Drive
Scott Bell, 1005 S. Shannon, received clarification from Mr. Chinault on the Downs lawsuit settlement agreement.
Councilman Benevente moved to approve the Consent Agenda. Councilman Bogert seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Budget and Finance Committee – One opening. Bill Vernon would like to be reappointed. Application received from Collin Campbell, Jr.
Councilman Bogert nominated Bill Vernon. Mr. Vernon was reappointed unanimously.
B. Board of Adjustment – One opening. Brian Dullaghan would like to be reappointed.
Councilman Benevente nominated Brian Dullaghan. Mr. Dullaghan was reappointed unanimously.
1. Second reading – by title only
The Deputy Clerk read the ordinance by title only.
2. Public hearing and adoption
The Town Manager announced that Deputy Mayor Fischer could not attend the meeting and has requested that the public hearing be held but that any action be deferred and continued to the next meeting.
Mayor Cochran disclosed a potential conflict and recused himself from voting.
In response to a question from the public, Attorney Gougelman clarified that according to the State Code of Ethics, Mayor Cochran could preside over this portion of the meeting.
Town Planner Ed Washburn explained that the Zoning and Planning Board had found the ordinance inconsistent with the Comprehensive Plan, although he had determined that it was consistent. He clarified that neither himself nor the Zoning and Planning Board had recommended the change and any change would be a policy decision of the Council.
Mr. Washburn advised that the proposal only affects property located in the T zone between A1A and Wavecrest Avenue. He advised of the conflict in providing a breezeway with staggered properties, noting that the requirement would still apply to ocean front lots east of Wavecrest.
He continued that the Comp plan is a very general plan and stated that he believed that the ordinance is consistent because the it does not change any land use or zoning patterns, is not an innovative land use regulation, does not encourage urban sprawl and does not establish construction standards harmful to the beach or dune systems.
Mr. Washburn pointed out that anything seaward of the Coastal Construction Control line must meet not only Town Codes but also be approved by the Department of Environmental Protection with more stringent codes.
The following members of the public spoke against the ordinance:
John B. MacNeill, 1320 S. Riverside Dr
Gerry Gonsalves, 431 Third Ave.
Joyce Warner, 131 13th Ave. – President of the Indialantic Homeowners’ Association entered a statement into the record
Debbie Mocny, 409 S. Miramar - Monterey Motel
Beverly Harris, 401 S. Palm
Rick Bertel, 140 3rd Ave.
Roger Wernow, 505 N. Miramar
Judith Spedding, 129 Ormond
Scott Smith, 321 7th Ave.
George Gergora, 316 Deland
James Holland, 1706 S. Miramar
Laura Chambers, 125 8th Ave.
Doug Dyer, 135 8th Ave.
Collin Campbell, 116 1st Ave.
Bill Harris, 401 S. Palm
Dave Berkman, 225 8th Ave. entered a statement into the record
Randy Browne, 111 Tradewinds Ter.
Peter Heaton, 404 S. Miramar, Unit 1
Larry Maxwell, 123 9th Ave.
Gary Vanzonneveld, 104 1st Ave.
Mayor Cochran clarified that he personally has no financial interest in any property on Wavecrest or Miramar, but that it is owned by his parents.
Councilman Kostro noted that this is a decision of great importance to the Town and that Deputy Mayor Fischer, who raised the issue, should have the opportunity to hear from his constituents. He recommended that this item be continued until the August meeting.
In answer to a question from Councilman Benevente, Attorney Gougelman advised that this could be a referendum item on the November ballot.
Councilman Benevente moved to place the ordinance as a referendum item for the November election. Councilman Bogert seconded.
Scott Bell, 1005 S. Shannon, urged the Council to vote it down now.
Ron Dignasio, 700 Wavecrest, Apt. 301, supported letting the Town decide.
The motion to place the ordinance as a referendum item passed unanimously with Mayor Cochran abstaining.
It was the consensus of the Council to place the ordinance on the ballot.
Mayor Cochran called a 5 minute recess.
B. Ordinance 01-12 – Amending Section 5-2 clarifying hours of operation, creating new sections 5-4 Vehicle Access, 5-5 Parking, 5-6 Animal Access; Amending 5-19 regarding garbage disposal, amending 5-42, Area Reserved for Swimming; deleting Sections 5-20, 5-43, 5-47 and 5-49
1. Second reading – by title only
The Deputy Clerk read the Ordinance by title only.
2. Public hearing and adoption
There was no public comment.
Councilman Benevente moved to approve Ordinance No. 01-12. Councilman Bogert seconded. Motion carried unanimously.
IX. NEW BUSINESS
A. Set tentative millage rate for Fiscal Year 01/02; set date for first public hearing on the millage rate and budget; set time for budget workshop on August 21
Town Manager Chinault recommended that the Council set the tentative millage at the current rate of 4.845 and outlined the budget approval timetable.
However, Mr. Chinault advised that if the Council chooses to offer Advanced Life Support (ALS) services, an increase in the millage rate would be necessary to provide some of the required funding. He explained the option of setting the millage at the highest rate possible - 5.0575 - and clarified that the rate could be reduced at a later date, but would be very difficult to raise.
Mayor Cochran advised that Fire Chief Tom Barker would address the Council at the August meeting concerning ALS and recommended approving the higher rate at this time.
Councilman Benevente moved to set the tentative millage rate at 5.0575 and to set the first public hearing on the budget for September 4, 2001 at 7:00 PM, the second public hearing on September 18, 2001 at 7:00 PM and a budget workshop on August 21, 2001 at 6:00 PM. Councilman Bogert seconded. Motion carried unanimously.
B. Approval of Town sign in the median at Fifth Avenue east of SR-A1A as recommended by the Parks/Recreation/Beautification Committee – presentation by Kathryn Kowalski and Carol Thomson
Ms. Kowalski and Ms. Thomson presented a rendering of the proposed sign that had been approved for bid by the Parks/Recreation/Beautification Committee and displayed the materials which would be utilized. They advised that the sign meets all Town requirements and would be paid for from the Luminaria fund, donations and insurance received for the damaged fountain.
They explained that the sign would be presented as a gift to the Town in commemoration of Indialantic’s 50th anniversary and requested that the Council approve going out for bids.
Mayor Cochran thanked the Committee for their efforts.
Councilman Benevente moved to approve Item B- construction of the new sign on the east side of SR A1A. Mayor Cochran seconded. Motion carried unanimously.
C. Appointment of John B. MacNeill as the South Beaches Coalition representative to the MPO’s Citizen’s Advisory Committee
Mayor Cochran thanked Mr. MacNeill for his relentless pursuit in helping the Town through committee work.
Mayor Cochran moved to appoint Mr. MacNeill as the South Beaches Coalition representative to the MPO’s Citizen’s Advisory Committee. Councilman Benevente seconded. Motion carried unanimously.
Councilman Benevente moved to approve William Higginson as the South Beaches Coalition alternate to the MPO’s Citizen’s Advisory Committee. Councilman Bogert seconded. Motion carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
1.Statistical Reports – June, 2001
Mr. Chinault advised that the deed for the property necessary to provide the right turn lane at Fifth and Riverside has been transferred and forwarded to the FDOT. He thanked Mr. Gougelman for his efforts.
B.The Town Attorney had no report.
XI. REPORTS
A. Mayor Cochran stated for the record that Deputy Mayor Fischer does have an excused absence. He also requested that Mr. Chinault bring the Council up to date on a meeting they had had with Patrick Mauch, Oceanview Diner.
Mr. Chinault reported that Mr. Mauch had raised concerns with his agreement with the Town for the cost of bagged meters.
Mayor Cochran requested that this be an agenda item in August and that Mr. Mauch be advised of his opportunity to address the Council.
B. Councilman Benevente reported on requests forwarded by the South Beaches Coalition to Senators Nelson and Graham concerning funding for the beach re-nourishment program.
C. Councilman Bogert had no report.
D. Councilman Kostro had no report.
XII. ADJOURNMENT
The meeting was adjourned at 9:05 PM.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr.
Mayor
ATTEST:____________________
Barbara Brownlie
Deputy Town Clerk