TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
February 18, 2002 Town Hall
MINUTES NO. 02-04
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 18, 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
John B. MacNeill, 1320 S. Riverside Dr., requested that items on the agenda continue to be identified as to which Council member is sponsoring them.
George Gergora, 316 Deland Ave., requested clarification on the process for bringing ordinances that change the codes before the Council.
IV. PUBLIC ANNOUNCEMENTS
A. There will be an opening on the Board of Adjustment, Code Enforcement Board and Zoning and Planning Board in March.
B. There is currently an opening on the Code Enforcement Board due to the resignation of Cliff Hirsch
C. The Craft Festival will be held March 2 & 3 in Nance Park
V. CONSENT AGENDA
A. Minutes No. 02-03 - Regular Meeting - January 15, 2002
B. Approval of contract with Unique Stone and Tile in the amount of $5,998 for the face of the sign to be located in the Fifth Avenue median east of SR-A1A
C. Approval of contract with Don Bo, Inc. in the amount of $7,505 to construct the monument base for the sign to be located in the Fifth Avenue median east of SR-A1A
D. Authorization for the Brevard Mosquito Control District to operate an aircraft over the Town to spray for mosquitoes
E. Approval of mid year budget adjustments
F. Approval of FY-02 street resurfacing projects
G. Approval of a Beneficial Occupancy Agreement with Atlantic Surf, Inc. and Certified General Contractors, Inc.
H. Resolution 02-02 - requesting that the Florida Legislature maintain Brevard County in one Congressional District
Councilman Benevente moved to approve the Consent Agenda excluding Item G. Deputy Mayor Bogert seconded. Motion carried unanimously.
G. Approval of a Beneficial Occupancy Agreement with Atlantic Surf, Inc. and Certified General Contractors, Inc.
Mr. Chinault suggested that on page 3 of the agreement, the word "shall" in Section 2(a) at the end of the first paragraph be changed to "may."
Councilman Fischer moved to approve Item G as changed. Councilman Benevente seconded. Motion carried unanimously
It was noted that the issue covered in the agreement was the only item remaining to comply with issuance of the certificate of occupancy.
VI. APPOINTMENTS
A. Board of Adjustment - One opening. Robin Petersen would like to be reappointed.
Councilman Kostro moved to appoint Robin Petersen. Councilman Benevente seconded. Mr. Petersen 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. Second reading - by title only
The Town Clerk read the ordinance by title only.2. Public hearing and adoption
Councilman Fischer moved to adopt Ordinance No. 02-04. Councilman Kostro seconded.
John B. MacNeill, 1320 S. Riverside Dr., received clarification on expansion of floor area by 10% as a triggering mechanism in the RP zone and recommended that it be carefully monitored.
Louis Postma, 112 Fourth Ave., received clarification on how this would impact converting a vacant lot into a parking lot.
Councilman Benevente questioned the language in Sec. 17-88(2)(b) as being contradictory to Sec. 17-88(2)(a) and the Council discussed that wording.
William Hodgson, 121 Tampa Ave., received clarification on the front setbacks.
Motion to approve Ordinance No. 02-04 carried unanimously.
B. Ordinance No. 02-05 - Adding municipal parks and municipal parking lots as permitted uses in certain zoning districts
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 Bogert moved to adopt Ordinance No. 02-05. Councilman Fischer seconded.
Louis Postma spoke against allowing municipal parking lots in the RP zone.
George Gergora suggested that the Council hold a special meeting addressing the impact of this ordinance.
Mr. Chinault gave background on the origin of the ordinance.
Mayor Cochran opposed the inclusion of municipal parks in the R-1-B zone.
The Town Manager clarified that this is an attempt to include parks as a permitted use where they already exist and "clean up" the Code.
It was the consensus of the Council to have staff and the Town Attorney go over the Ordinance and return it for first reading at the next meeting.
C. Ordinance No. 02-06 - Amending Section 9-2(c) regarding appeals related to occupational licenses
1. First reading - by title only
The Town Clerk read the ordinance by title only.2. Public hearing and adoption on first reading
Mr. Chinault provided background information on the ordinance which eliminates a conflict in the appeals process for an occupational license.
Councilman Fischer moved to adopt Ordinance No. 02-06. Deputy Mayor Bogert seconded.
There were no public comments.
Motion carried unanimously.
D. Ordinance No. 02-07 - Amending Section 17-106.4(6) regarding transient signs
1. First reading - by title only
The Town Clerk read the ordinance by title only.2. Public hearing and adoption on first reading
Councilman Benevente moved to adopt Ordinance No. 02-07. Deputy Mayor Bogert seconded.
Scott Bell, 1005 S. Shannon, recommended that residents and not staff review the Code for changes.
Rich Morel, owner of Shagg's at 2 Wavecrest Ave., received clarification on the effects of the ordinance
George Gergora questioned the use of product display as a sign.
Attorney Gougelman explained that this is an attempt to tighten the Code and expand the restrictions on transient signs closing some existing loopholes.
Luis Rivera, Kite World, 109 S Miramar, expressed concern with the definition of a sign and the permitted window area coverage.
Randy Brown, 111 Tradewinds Terrace, received clarification that this ordinance did not apply to the water tower.
Lisa Bernard, Kite World, questioned how the regulations would be enforced.
John B. MacNeill received clarification on "transient" signs.
Motion to adopt Ordinance No. 02-07 carried unanimously.
E. Ordinance No. 02-08 - Amending Section 17-112, adding a provision that skateboard ramps are not permitted in residential zones to be consistent with the Board of Adjustment's interpretation
1. First reading - by title only
The Town Clerk read the ordinance by title only.2. Public hearing and adoption on first reading
Mr. Chinault gave background on the Board of Adjustment's 1998 interpretation of the code that determined that skateboard ramps are not a permissible accessory use in the residential districts. He explained that the Code has never been modified to reflect that decision.
Councilman Fischer moved to approve Ordinance No. 02-08. Councilman Benevente seconded.
Randy Brown, 111 Tradewinds Terrace, received a copy of the skateboard ramp definition as cited in the Code.
Carl Andren, 906 S. Ramona, favored keeping the skateboarders on private property and reversing the decision of the Board of Adjustment.
Attorney Gougelman advised that appeals from Board of Adjustment interpretations are heard in the circuit courts.
Pat Deanne, 614 Hibiscus Trail in Melbourne Beach, opposed the noise generated from a ramp.
Randy Brown maintained that a skateboard ramp generates no more noise than that created by many other activities and that the ordinance is discriminatory.
Yvonne Bywater, 909 S. Ramona, observed that there are no activities offered for adolescent children and opposed the ordinance.
Attorney Gougelman advised that the ordinance merely codifies the determination of the Board of Adjustment. He clarified that if the ordinance does not pass, skateboard ramps will still remain prohibited. He also offered the option of amending Code Section 17-112 to allow ramps under certain conditions.
Mr. DiPaolo, 345 Miami Ave., opposed a large ramp that had been erected near his home because of the noise.
George Gergora supported the ordinance and pointed out that safety is also a factor.
Melissa Sixberry, 355 Miami Ave., stated that she is the owner of the ramp in question. Her children, Matt and Andrew, spoke in favor of keeping their ramp.
Luis Rivera spoke against the ordinance.
Randy Brown suggested that the Town provide a public place to skate if the ordinance is passed.
Melissa Sixberry agreed to limit the times of day the ramp would be used and to add insulation to quiet the noise.
Yvonne Bywater stated that she also has a ramp and believed that it was in compliance based on the code.
Heidi Wilkers, 313 Ninth Terrace, requested that the Town find an alternate area for skateboard use.
Councilman Fischer suggest reviewing the definition of skateboard ramp and supported more activities for the children of the Town.
Councilman Kostro supported looking into the feasibility of using a public park as an alternative.
Councilman Benevente and Deputy Mayor Bogert opposed skateboard ramps in residential yards and supported seeking an alternative.
The Council directed staff to seek an alternative location exploring the legal ramifications, liability and costs involved and to review the definition of a skateboard ramp.
George Gergora maintained that a Board had made a ruling and the Code must be changed to reflect that decision.
Motion to approve Ordinance No. 02-08 carried unanimously.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Request from the 50th Celebration Steering Committee to provide an update to the Council regarding proposed November 16, 2002 celebration activities
Carol Andren, Chairman of the Steering Committee, advised that the Committee would like to offer beer and provide amplified music at Nance Park to close the anniversary activities with a sock hop on November 16, 2002 from 6 PM to 11 PM.
It was the consensus of Council to have staff draft an ordinance permitting the Town Manager to allow special events with Council approval.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports - January 2002B. The Town Attorney had no report.
XI. REPORTS
A. Mayor Cochran had no report.
B. Deputy Mayor Bogert complimented the new pier in Riverside Park.
C. Councilman Benevente requested that the Council consider that appeals from the Board of Adjustment be heard in the courts. He also advised that he would be attending Legislation Action Day in Tallahassee.
D. Councilman Fischer had no report.
E. Councilman Kostro had no report.
XII. ADJOURNMENT
The meeting was adjourned at 8:35 PM.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr., Mayor
ATTEST: ____________________
Laura Eaton, CMC, Town Clerk