TOWN OF I N D I A L A N T I C

Brevard County, Florida 32903

REGULAR TOWN COUNCIL MEETING

January 15, 2002 Town Hall

MINUTES NO. 02-03

 

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 15, 2002.

 

               PRESENT:Hon. Robert L. Cochran, Jr., Mayor

                        Hon. Bruce Bogert, Deputy Mayor

                        Hon. Vince Benevente, Councilman

                        Hon. Mike Fischer, Councilman

                        Hon. Victor Kostro, Councilman

                           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 Cochran called the meeting to order at 7:00 PM.

              

II.       PLEDGE OF ALLEGIANCE

 

III.       PUBLIC

 

Mike McCabe, 900 S. Miramar Ave., presented information regarding an inter-governmental stormwater working group meeting to discuss stormwater erosion and sediment control inspection sponsored by the St. John’s Water Management District on January 30 in Viera.

                       

IV.       PUBLIC ANNOUNCEMENTS

 

A.        There will be an opening on the Board of Adjustment in February.  There is currently an opening on the Zoning and Planning Board; Collin Campbell was not able to accept his recent appointment due to his relocation.

 

B.        The Art Festival will be held January 19 & 20 in Nance Park

 

C.        Ballots for the mail ballot election regarding Advanced Life Support services will be sent out by the Supervisor of Elections on January 30, 2002 and must be received in the Elections Office by 7 PM on February 19, 2002.

D.     Proclamation – Recognizing the 50th anniversary of the Town

 

Mayor Cochran read the proclamation declaring the year 2002 as the year to “celebrate our town” and presented it to Carol Andren, Chairman of the 50th Anniversary Steering Committee.

 

V.        CONSENT AGENDA

 

A.     Minutes No. 02-02 – Regular Meeting – December 18, 2001

 

B.     Approval for the Parks/Recreation/Beautification Committee and Indialantic Homeowners Association to sponsor a “Concert in the Park” on February 17th at 2:30 PM in Nance Park

 

C.     Approval to declare three vehicles as surplus and authorize the purchase of police cruiser with extended warranty

 

D.     Approval of  litter removal agreement between the Town and Keep Brevard Beautiful and Holy Trinity Surf Club

 

E.      Approval of disbursement agreement with Brevard County for TIFT monies for S. Shannon sidewalk connector

 

Councilman Fischer moved to approve Items A through E.  Councilman Benevente seconded.  Motion carried unanimously.

 

VI.     APPOINTMENTS

 

A.     Zoning and Planning Board – Two openings.  Tom Kleving would like to be reappointed.  Application received from Keith Mauter and Mike McCabe.

 

Councilman Fischer nominated Mr. Kleving and Mr. Mauter.

 

Deputy Mayor Bogert nominated Mr. McCabe.

 

Mr. Kleving was reappointed unanimously.

 

Mr. Mauter was appointed with Mayor Cochran, Councilman Fischer and Councilman Kostro voting “yes.”  Deputy Mayor Bogert and Councilman Benevente voted “no.”

        

B.     Parks/Recreation/Beautification Committee – Barbara Coburn would like to be reappointed

 

Councilman Benevente moved to reappoint Barbara Coburn.  Deputy Mayor Bogert seconded.  Ms. Coburn was reappointed unanimously.

 

C.     Budget and Finance Committee – One opening.  Orlando Brillante would like to be reappointed

 

Councilman Fischer moved to reappoint Orlando Brillante.  Deputy Mayor Bogert seconded.  Mr. Brillante was reappointed unanimously.

 

VII.         ORDINANCES AND RESOLUTIONS

 

               A.Ordinance No. 02-04 – Amending Sections 17-88, 17-124, 17-125, 17-126, 17-128, 17-130 and 17-131 regarding requirements for fences, walls and buffer walls

 

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 moved to adopt Ordinance No. 02-04.  Deputy Mayor Bogert seconded.

 

Councilman Benevente received clarification that the phrase “similar building materials” did not include wood fencing.

 

Councilman Fischer complimented the Zoning and Planning Board on their work to clarify these issues.

 

Motion to adopt Ordinance No. 02-04 carried unanimously.

 

VIII.UNFINISHED BUSINESS

 

A.        Discussion and possible action regarding a request from the Parks/Recreation/Beautification Committee for $5,000 to augment other available funds to construct a monument sign in the Fifth Avenue median east of SR A1A

 

Town Manager Chinault provided background on the funding requirements.

 

               Kathryn Kowalski, 201 Orlando Blvd. and Treasurer of the Parks, Recreation and Beautification Committee, requested a maximum of $5,000 to supplement the funds the Committee has available for the mosaic turtle sign at the east end of Fifth Ave.

 

               Ms. Kowalski explained that the Committee’s design requirements and the Town’s construction requirements proved more costly than anticipated.  She reported that total costs would be no more than $18,000 with $11,500 coming from the luminaria account and $1,500 from insurance money received.  She added that up to $5,000 from Council would be essential to completing the project.

 

               Councilman Benevente moved to approve up to $5,000 for the sign.  Mayor Cochran seconded.  Motion carried unanimously.

 

B.        Discussion and possible action regarding transient signs

 

Attorney Gougelman presented three proposals and requested guidance from Council before proceeding with an ordinance.  He explained that options include a system of permitting to track signs, better defining the term transient signs and placing limits on the time transient signs can be displayed.

 

Councilman Fischer opposed requiring permits for transient signs.

 

The Council discussed the problems with hanging signs visible from the right-of-way.

 

Councilman Benevente moved to accept Attorney Gougelman’s memo of January 8, 2002 and to request that he draft an ordinance incorporating his recommendations.  Mayor Cochran seconded.  Motion carried unanimously.

 

C.        Discussion and possible action regarding parking and storage of RV’s

 

Attorney Gougelman explained that there is a monitoring problem with the existing code.  He outlined the regulations in the neighboring communities and observed that other systems are much the same as Indialantic’s.  

 

Attorney Gougelman also noted that an oral permit could be required through the Police Department but that it may place an undue burden on the homeowner.

 

Councilman Fischer stated that most people who have RV’s have adequate space to park behind the house and he felt that the violations are isolated incidents.

 

It was the consensus of the Council to take no action at this time.

 

IX.           NEW BUSINESS

 

A.        Discussion and possible action regarding drafting an ordinance regulating rave clubs

 

The Council had been provided with the Brevard County and City of Melbourne’s ordinances concerning rave clubs.

 

Attorney Gougelman reported that the County will be amending their ordinance in the near future and the direction is to make it effective countywide.  He explained that the current ordinance has a built-in loophole whereby certain clubs can be exempted by the County Manager.  Melbourne’s ordinance does not prohibit rave clubs, but does heavily regulate them.

 

Attorney Gougelman further advised that Indialantic has the option of being included in the County regulations, adopting its own ordinance or determining that it is not necessary to be covered by any regulations.

 

Councilman Benevente moved to request the Town Attorney to draft an ordinance similar to that of the City of Melbourne.  Deputy Mayor Bogert seconded. 

Scott Bell, 1005 S. Shannon, observed that night time ordinances preclude any rave clubs here.

 

Councilman Fischer requested that the effect on community teen clubs be taken into consideration.

 

Motion to draft an ordinance carried unanimously.

 

B.        Discussion and possible action regarding a request from the 50th Anniversary Committee to purchase banners (funds budgeted in 572-4820)

 

Town Manager Chinault  presented a request from the 50th Anniversary Committee to purchase ten banners from the funds allocated for the Town celebration.

 

               Councilman Benevente moved to approve the request.  Councilman Kostro seconded.

 

               John B. MacNeill, 1320 S. Riverside Dr. and member of the 50th Anniversary Committee, explained that by not putting “50th Anniversary” on the banners, they could be used on other occasions.  He also noted that there were two votes against spending money on the banners in the Committee.

 

               Joyce Warner, 131 13th Ave., pointed out that part of the cost is for the brackets to attach the banners to the light posts and that these can also be used for other purposes.

 

               The motion to approve the purchase carried unanimously.

 

X.           ADMINISTRATIVE MATTERS

 

A.     Report from Town Manager

1.Statistical Reports – December, 2001

 

B.        The Town Attorney had no further report

 

XI.           REPORTS

 

A.        Mayor Cochran had no report.

 

B.        Deputy Mayor Bogert had no report.

 

C.        Councilman Benevente received clarification that the February meeting would be held on Monday, February 18th.

 

D.        Councilman Fischer had no report.

 

E.         Councilman Kostro had no report.

 

XII.         ADJOURNMENT

 

               The meeting was adjourned at 7:55 P.M.

                                                                                    TOWN OF INDIALANTIC

 

______________________

                                                               Robert L. Cochran, Jr.

                                                              Mayor

 

ATTEST:____________________

               Laura Eaton, CMC

               Town Clerk