TOWN OF I N D I A L A N T I C
Brevard County, Florida
32903
REGULAR TOWN
COUNCIL MEETING
March 19, 2002 Town
Hall
MINUTES NO. 02-05
MINUTES OF A REGULAR TOWN COUNCIL
MEETING HELD IN THE INDIALANTIC TOWN HALL ON MARCH 19, 2002.
PRESENT:Hon. Robert L. Cochran, Jr., Mayor
Hon. Vince Benevente, Councilman
Hon. Mike Fischer, Councilman
Hon. Victor Kostro, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Barbara Brownlie, Deputy 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
Following the pledge,
Attorney Gougelman offered a brief statement of apology for the disturbance
that occurred at the January Board of Adjustment meeting.
Mayor Cochran outlined the Chair’s policy on public speaking.
III. APPEAL
OF THE DECISION OF THE BOARD OF ADJUSTMENT - filed by Douglas Marks,
attorney for the Cochran Group
The following
decisions are being appealed:
1. Denial
of a variance from Section 17-127(6) – side yard setbacks – to allow an eight
foot balcony in the side yard
Mayor Cochran
disclosed a conflict as he is related to the owner of the property and
announced he would not be voting on these issues.
Town Manager
Chinault gave background on the appeal noting that the Zoning and Planning
Board had approved the site plan on October 9, 2001 subject to obtaining
necessary variances and that the Board of Adjustment in February, 2002 had
denied two of the variances and placed a condition on granting the third.
Attorney Doug
Marks, representing the Cochran Group, gave additional background and clarified
that the appeal only relates to balconies on the east side of the
structure. He maintained that based on the Code definitions of front
yard, side yard and yard found in Sec.17-4, variances are not required for
balconies that extend into front or side setbacks.
Attorney Marks
stated that the Cochran Group is seeking to construct a building more
aesthetically pleasing with balconies that will not have an adverse impact on
adjacent properties and clarified the proposed setbacks.
The following
people spoke against the variance:
Roger Dutton,
50 11th Avenue
Michael
DeTemple, 505 N. Miramar Avenue
Shelia Trott,
211 8th Avenue - Ms. Trott also entered into the record a
petition requesting that the Mayor resign.
George
Gergora, 316 Deland Avenue
Cliff Cook,
401 N. Riverside Place
Robert
Randazzo, 612 Wavecrest Avenue
Peter Heaton,
404 S. Miramar Ave. Unit 1
Scott Smith,
321 7th Avenue recommended that the Town conduct an impact study.
Rosemary
Copeland, 100 8th Avenue
Ralph
Carvajal, 115 9th Avenue
Debbie Mocny,
409 S. Miramar Avenue
Dave Berkman,
225 8th Avenue
Phil DeLuccia,
416 Melbourne Avenue
John B.
MacNeill, 1320 S. Riverside Dr., questioned the orientation of the two
buildings and the proposed legal address.
Mike McCabe,
900 S. Miramar Avenue, suggested requiring increased setbacks based on height
to maintain the intent of the Code.
Roger Dutton
suggested the property be donated for a Town park.
Councilman
Benevente moved to deny the variance to Code Section 17-127(6).
Councilman Kostro seconded. A roll call vote was unanimous with Mayor Cochran
abstaining.
2. Denial
of a variance from Section 17-127(5) – front yard setbacks - to allow an eight
foot balcony in the front yard
Attorney Marks
advised that the argument was essentially the same as for the previously
discussed side yard setbacks.
Peter Heaton
questioned the plans that were being considered and was advised by the Town Manager
that the site plans acted upon by the Zoning Board are part of the record and
contained in that file.
The following
people spoke against the variance:
Scott Smith,
321 7th Avenue
Cliff Cook,
401 N. Riverside Place
Bill Sidra, 50
11th Avenue
Mike DeTemple,
505 N. Miramar Avenue
Robert
Randazzo, 612 Wavecrest Avenue
Councilman
Benevente moved to deny the variance to Code Section 17-127(5).
Councilman Kostro seconded. Motion carried unanimously with Mayor Cochran
abstaining.
3. Conditioning
the granting of a Coastal Construction Control Line variance pursuant to Code
Section 6-30(c)1 on increasing the east setback of the building from 20 feet to
25 feet
Attorney Marks
gave background on Code Section 6-30 and the condition imposed by the Board of
Adjustment. Mr. Marks clarified that the applicant had submitted an
engineer’s statement that was unrebutted. Mr. Marks submitted into the
record an additional statement from a consulting ecologist affirming that the
project would meet the conditions for approval.
Attorney Marks
pointed out that most of the lots involved in the project had been granted CCCL
variances in 1993.
The following
people spoke against granting the appeal:
George Gergora
Peter Heaton
Scott Smith
John B.
MacNeill clarified that the Zoning and Planning Board did have considerable
discussion concerning the CCCL and that there were dissenting votes on the
issue.
A resident of
505 N. Miramar suggested that the issue might best be resolved in the courts.
Councilman
Benevente moved to deny the appeal of the condition put on the variance
approval to Code Section 6-30(c)(1). There was no second.
Councilman
Fischer moved to authorize the Town Manager to secure an independent ecological
study on the impact of the additional five feet on the dune system at a cost
not to exceed $5,000. Councilman Benevente seconded. The motion to
secure an independent study carried unanimously with Mayor Cochran abstaining.
Attorney
Gougelman recommended that this hearing be continued to a date certain.
Councilman
Fischer moved to continue the public hearing to the April 16, 2002 Council
meeting. Councilman Benevente seconded. Motion carried
unanimously. Mayor Cochran abstained.
Mayor Cochran
called a brief recess.
IV. PRESENTATION
AND ACCEPTANCE OF THE 2000-2001 AUDIT REPORT
Debbie
Bradley, Audit Director with Hoyman, Dobson and Company, presented the
financial report as of September 30, 2001. She explained that revenue is
down compared to the prior year due to the grants and FEMA funds received at
that time.
Councilman
Kostro moved to accept the 2000-2001 Audit Report. Councilman Fischer
seconded. Motion carried unanimously.
V.PUBLIC
A.H.L. Clark – Dumpster enclosure requirements
David Clark,
son of H.L. Clark who is the owner of property at 225 5th Ave.,
appeared on behalf of his father.
The Town
Manager gave background explaining that Mr. Clark is in violation of the Town
Code requiring dumpster enclosures. He stated that Mr. Clark had appeared
before the Zoning and Planning Board on two occasions advocating deleting the
requirement for dumpster enclosures. He advised the Board found no reason
to change the Code, but requested that the Council be informed of Mr. Clark’s
concerns.
Mr. Clark requested
that he be able to reconstruct the dumpster enclosure without a concrete slab
as it had been in the past.
Mr. Chinault
maintained that since Mr. Clark is building a dumpster enclosure, it must be
built to Code.
Council took no
action on this item.
B.Others
Tove Stamos,
321 7th Ave., expressed concerns with the timing of the construction
and lane closures on 5th Ave. and Riverside Dr.
Donna Burton,
406 Ormond Dr., received clarification from the Town Manager that Ordinance No.
02-05 concerning municipal parks and parking lots is not progressing.
Scott Smith
received clarification on the road work at the left turn lane on A1A and 5th
Ave.
VI. PUBLIC
ANNOUNCEMENTS
A.
The Easter Egg Hunt will be held on March 23, 2002 in Orlando Park
beginning at 9:30 am
B.
There are currently two vacancies on the Code Enforcement Board
VII. CONSENT
AGENDA
A. Minutes
No. 02-04 – Regular Meeting – February 18, 2002
B. Approval
of lifeguard agreement with Brevard County for 2002
C. Approval
of traffic signal maintenance agreement with the Florida Department of
Transportation
D. Approval
to proceed toward implementation of Advanced Life Support services
E. Approval
of a special permit for an outdoor café for Beach Street Eatery
F. Resolution
02-03 – requesting that Congress provide federal funds to match state and local
monies for the Brevard County Shore Protection Program
Councilman
Fischer moved to approve Items A, B, C, D and F. Councilman Benevente
seconded. Motion carried unanimously.
Councilman
Benevente expressed concern with the space available to place tables on the
sidewalk at the Beach Street Eatery.
Donna
Grigsby, 27 E. Melbourne Ave. and owner of the business, explained that the
tables would be used as a convenience to her customers on an “as needed” basis
and taken in at other times.
Councilman
Benevente moved to approve Item E. Deputy Mayor Bogert seconded.
Motion carried unanimously.
VIII. APPOINTMENTS
A. Board
of Adjustment – Two openings. George Gergora and Brian Low would like to
be reappointed.
Councilman
Fischer moved to reappoint Mr. Gergora and Mr. Low. Councilman Benevente
seconded. Motion carried unanimously.
B. Approval
of Board of Adjustment membership shift - This item was withdrawn.
C. Zoning
and Planning Board – One opening. Randy Greer would like to be
reappointed.
Deputy Mayor
Bogert moved to reappoint Mr. Greer. Councilman Fischer seconded.
Motion carried unanimously.
D. Parks/Recreation/Beautification
– Kathryn Kowalski would like to be reappointed. Application received from
Virginia McLaughlin
Councilman
Benevente moved to appoint Ms. Kowalski and Ms. McLaughlin. Councilman
Fischer seconded. Motion carried unanimously.
A.
Ordinance No. 02-06 – Amending Section 9-2(c) regarding appeals related
to occupational licenses
1.Second reading – by title
only
The Deputy Clerk read
the ordinance by title only.
2.Public hearing and adoption
There were no
public comments.
Councilman
Benevente moved to approve Ordinance No. 02-06. Deputy Mayor Bogert
seconded. Motion carried unanimously.
B.
Ordinance No. 02-07 – Amending Section 17-106.4(6) regarding transient
signs
1.Second reading – by title
only
The Deputy Clerk read
the ordinance by title only.
2.Public hearing and adoption
Councilman
Benevente moved to approve Ordinance No. 02-07. Deputy Mayor Bogert
seconded.
John B.
MacNeill stated that the ordinance could create an enforcement and bureaucratic
nightmare. He also recommended updating the materials that were listed
for transient signs.
The motion to
adopt Ordinance 02-07 carried unanimously.
C.
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 Deputy Clerk read
the ordinance by title only.
2.Public hearing and adoption on first reading
Councilman
Benevente moved to approve Ordinance No. 02-08. Deputy Mayor Bogert
seconded.
Bob DiPaolo,
345 Miami Ave, received clarification on the enforcement of the ordinance.
George Gergora
received clarification from the Town Attorney that the ordinance codifies the
1998 interpretation of the Board of Adjustment, but that the Council also has
the right to change the law.
Yvonne
Bywater, 909 S. Ramona, stated that she has a ramp on her property and feels it
will cause problems to take that recreation away from the kids.
Cliff Cook
spoke in favor of allowing ramps with limitations.
Mayor Cochran
clarified that he is exploring an ordinance to allow skateboard ramps within
certain parameters.
Kimberly
Brown, 111 Tradewinds Terrace, requested that the Council find a compromise.
Sarah Nickles,
336 Miami Ave., supported regulated ramps that would not infringe on the
peaceful enjoyment of one’s property.
Laura
Lewandowski, 125 8th Ave., maintained that the noise could be
controlled with constraints and placement.
Roger Ross,
212 2nd Ave., urged the Council to seek alternatives other than
banning ramps.
Robert
DiPaolo, son of the property owner at 345 Miami Ave., complained of the
constant use, size and noise generated by the ramp in his neighborhood.
Scott Smith
claimed that the noise issue is already addressed by other ordinances.
Town Manager
Chinault explained that the issue is getting an enforceable decision of the
Board of Adjustment into the Code so the public has that information available
to them.
Scott Bell,
1005 S Shannon Ave., received clarification from the Town Attorney that the
ordinance could be challenged through a Code Enforcement case.
Doug Dyer, 135
8th Ave., recommended the use of courtesy and less drastic methods
than banning ramps.
Kimberly Brown
commented that skateboarding is less injurious than many other sports.
Bob DiPaolo
again stressed the need for regulation and control of the noise nuisance level.
Councilman
Fischer requested that a definition of a skateboard ramp be included in the
ordinance.
Motion to
adopt Ordinance No. 02-08 carried with Mayor Cochran, Deputy Mayor Bogert,
Councilman Benevente and Councilman Kostro voting “yes.” Councilman
Fischer voted “no.”
D.Ordinance No. 02-09 – Amending Section 17-4(29) – definition of
front yard
1. First reading – by title only
The Deputy Clerk read the ordinance
by title only.
2. Public hearing and adoption on
first reading
There were no public comments.
Town Manager
Chinault clarified the front and side yard areas and verified that boats and
recreational vehicles would still be prohibited from parking in front of a
house.
Deputy Mayor
Bogert moved to adopt Ordinance No. 02-09. Councilman Fischer
seconded. Motion carried with Mayor Cochran, Deputy Mayor Bogert,
Councilman Fischer and Councilman Kostro voting “yes.” Councilman Benevente
voted “no.”
E.
Ordinance No. 02-10 – Amending Section 2-5(c) – Code Enforcement Board –
by providing for a five member board with two alternates
1. First reading – by title only
The Deputy Clerk read the ordinance
by title only.
2.Public hearing and adoption on first reading
There were no
public comments.
Deputy Mayor
Bogert moved to adopt Ordinance No. 02-10. Councilman Benevente
seconded. Motion carried unanimously.
F.
Ordinance 02-11 – Providing for Rave Clubs
1. First reading – by title only
The Deputy Clerk read the ordinance
by title only.
2.Public hearing and adoption on first reading
Councilman
Fischer moved to approve Ordinance No. 02-11. Councilman Benevente
seconded.
George Gergora
received clarification from the Town Attorney that adopting this ordinance
would effectively regulate rave clubs in Indialantic.
The motion to adopt
Ordinance 02-11 carried unanimously.
X.
UNFINISHED BUSINESS
XI.
NEW BUSINESS
A. Extension of employment agreement with the Town Manager
Mr. Chinault requested that his contract be extended for an additional three years with no other terms of the contract being effected.
The Town Attorney clarified that this does not change the severance package.
Mayor Cochran moved to accept the extension. Deputy Mayor Bogert seconded. Motion carried unanimously.
B. Discussion and possible action regarding amending the hours of operation for outdoor cafes
Mr. Chinault gave background on the request from City Tropics Bistro to extend the hours of operation for an outdoor café. Mr. Chinault reported that this request had been before the Zoning and Planning Board and that they had supported some extension. He noted that this particular outdoor café would be surrounded by commercially zoned property and would not affect any residential areas.
John B. MacNeill, Vice-Chairman of the Zoning and Planning Board, advised that the café is facing commercial zoning on all sides and that the building will act as a buffer to the RP district. He also noted some concerns that were discussed at that meeting.
Cliff Cook requested that the Council consider the future consequences.
Laura Lewandowski asked that the noise factor be taken into consideration.
Scott Bell suggested that the ordinance be constructed to “sunset.”
Nancee Hay, 136 Tenth Ave., noted that Mr. Pepaj had assured the Zoning and Planning Board that any music would only be inside.
Heidi Wilkers, 313 9th Terrace, expressed concern with the noise that could be generated.
It was the consensus of the Council to draft an ordinance extending the hours of operation of particular outdoor cafés to 1:30 AM.
C. Discussion and possible action regarding amending the procedure for appealing decisions of the Board of Adjustment (Requested by Councilman Benevente)
Councilman Benevente noted that Indialantic is the only local municipality whose recourse for appeals is through the Council rather than the circuit court.
Attorney Gougelman approximated the cost and time involved in a court appeal.
Cliff Cook spoke in favor of keeping the existing procedure.
It was the consensus of Council to take no action on this item.
D. Discussion and possible action regarding establishing a Skateboard Park Exploratory Committee (Requested by Mayor Cochran)
Mayor Cochran proposed establishing a committee to work with staff to pursue a skateboard park within the Town. The Mayor noted that, following discussions with the Town Manager and himself, Mrs. Sixberry had volunteered to chair the committee.
Randy Brown spoke in favor of a committee and volunteered to be a member.
Louis Postma, 112 4th Ave., received clarification that such a project would be considered in a commercial area.
It was the consensus of Council to establish such a committee.
Mayor Cochran also noted that he favored creating an ordinance to allow skateboard ramps with certain limitations.
It was the consensus of Council to draft an ordinance for consideration at the next meeting.
Councilman Fischer requested that Items E & F be continued to the next meeting.
E. Discussion and possible action regarding requiring an occupational license/business registration for businesses that provide services within the Town but do not maintain a permanent location within the Town (Requested by Councilman Fischer)
F. Discussion and possible action regarding adopting a uniform procedure for Town Boards and Committees to use in handling public comments at their meetings (Requested by Councilman Fischer)
XII. ADMINISTRATIVE
MATTERS
A. Report from Town Manager
Statistical
Reports – February, 2002
XIII. REPORTS
A.
Mayor Cochran reported that the pier is open and that lighting is being
pursued.
B.
Deputy Mayor Bogert had no report.
C.
Councilman Benevente reported on the League of Cities Legislation Day
and the concern with water problems.
D.
Councilman Fischer had no report.
E.
Councilman Kostro reported that he had visited the Lake Washington
Surface Water Treatment Plant.
XIV. ADJOURNMENT
The meeting was adjourned at 10:45 PM.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr.
Mayor
ATTEST:____________________
Barbara Brownlie
Deputy Town Clerk