TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
April 16, 2002 Town Hall
MINUTES NO. 02-06
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON APRIL 16, 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. APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT - filed by Douglas Marks, attorney for the Cochran Group - continued from the March 19, 2002 meeting
Attorney Marks is appealing the decision of the Board of Adjustment who approved a variance to the Coastal Construction Control Line pursuant to Code Section 6-30(c)(1) conditioned upon increasing the east setback of the building (side setback) from 20 feet to 25 feet
Mayor Cochran explained the procedure for public comments.
Mayor Cochran disclosed a conflict based on family ownership of the subject property.
Town Manager Chinault reported that he had engaged Environmental Management Systems, Inc. (EMS) to carry out the impact study as directed by Council.
Robert Paymayesh, Director of Engineering for EMS, reported that their study had concluded that the 20' setback as opposed to a 25' setback would not have any greater impact on the beach dune system or a greater impact on erosion or a greater potential to endanger adjacent property. Mr. Paymayesh stated that they found no correlation between the additional 5' and the intent of the Town Code.
In response to a question from Attorney Gougelman, Mr. Paymayesh provided background on his credentials.
It was clarified that EMS had no involvement with the Cochran Group.
George Gergora, 316 Deland Ave., noted that the Code requires that specific quantitative data be supplied.
Mr. Paymayesh clarified that there is no way to quantify the data and that the CCCL restrictions are there to protect the natural system while allowing a reasonable use of private property.
Jerry Gonsalves, 431 Third Ave., advised that he is a quality assurance engineer and did his own study with the same results.
Scott Smith, 321 7th Ave., questioned the scope of the study.
Doug Marks, attorney representing the Cochran Group, pointed out that the report provided by EMS concluded that the structure will not jeopardize the stability of the beach dune system, will not accelerate erosion and will not endanger adjacent property or the property in question. He advised that four engineering firms have now supported this data and requested that the condition of the additional 5' foot setback required by the Board of Adjustment be removed as it is unrelated to the criteria of the ordinance.
Robin Petersen, Chairman of the Board of Adjustment, pointed out that the setbacks for the two buildings were not consistent.
Peter Heaton, 404 S. Miramar Ave., Unit 1, noted that the plan presented depicts balconies in the setback area and may require revised site plan approval.
Councilman Kostro noted the previous CCCL approval on several of the involved lots.
Councilman Fischer received clarification that the neighboring Ocean Crest Condo has a 20' side setback and balconies encroaching into the setback.
Councilman Fischer moved to support the appeal and allow a 20' setback on the property in question. Councilman Kostro seconded. Motion carried with Deputy Mayor Bogert, Councilman Fischer and Councilman Kostro voting "yes." Councilman Benevente voted "no" and Mayor Cochran abstained.
Mayor Cochran called a brief recess.
IV. PUBLIC
George Gergora thanked the police department for utilizing the reverse 911 system to issue a recent alert. He also suggested that the Town recognize Gus Carey for his many contributions.
Jerry Gonsalves suggested that the new pier be named after Mr. Carey.
Joyce Warner, 131 13th Ave. and President of the Indialantic Homeowners' Association, read a statement concerning the lack of recreational activities for the Town's young people and recommending that the skateboard committee be expanded to explore recreational needs for all residents.
Mayor Cochran recommended that the Parks/Recreation/Beautification Committee take on that task.
V. PUBLIC ANNOUNCEMENTS
A. There are currently two openings on the Code Enforcement Board
B. There is currently one opening on the Board of Adjustment and the Civil Service Board due to the resignation of Gus Carey
C. There will be an opening on the Budget and Finance Committee in May
VI. CONSENT AGENDA
A. Minutes No. 02-05 - Regular Meeting - March 19, 2002
B. Approval of art and craft show dates for 2003 - Art show - January 18 & 19, 2003 - Craft shows March 1 & 2 and July 19 & 20, 2003
C. Approval to amend the Transportation Impact Fee Trust Fund agreement with Brevard County to include replacing the sidewalk between 7th and 8th Avenue
D. Approval of First Responder Agreement with Brevard County
E. Approval of fuel facility agreement with Brevard County
F. Approval of Highway Maintenance Agreement with FDOT and Resolution 02-04 authorizing the Town Manager to execute the agreement for reimbursement for maintenance of non-paved portions of US-192 and SR-A1A
G. Approval of Continuance Option offer with Clark Sales Display, Inc. to provide holiday decorations
H. Proclamation - National Public Works Week - May 19-25, 2002
Councilman Fischer moved to approve the Consent Agenda Items A - H. Deputy Mayor Bogert seconded. Motion carried unanimously.
VII. APPOINTMENTS
A. Parks/Recreation/Beautification - Eugene McLaughlin would like to be reappointed. Application received from Betty Preece
Deputy Mayor Bogert moved to reappoint Mr. McLaughlin and appoint Ms. Preece. Councilman Benevente seconded. Motion carried unanimously.
B. Code Enforcement Board - Opening for 2 alternates. Application received from Cliff Cook, John Fallon and David Hallac
Councilman Benevente moved to appoint Mr. Fallon and Mr. Hallac. Councilman Fischer seconded. Motion carried unanimously.
C. Board of Adjustment - Opening for 1 alternate. Applications received from Jack Kish and Mike McCabe
Deputy Mayor Bogert moved to appoint Mr. McCabe. Councilman Benevente seconded.
Councilman Fischer moved to nominate Mr. Kish.
Motion to appoint Mr. McCabe carried with Deputy Mayor Bogert, Councilman Benevente and Councilman Kostro voting "yes." Mayor Cochran and Councilman Fischer voted "no."
VIII. ORDINANCES AND RESOLUTIONS
A. 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. Second reading - by title only
The Town Clerk read the Ordinance by title only.2. Public hearing and adoption
Councilman Benevente moved to approve Ordinance No. 02-08. Deputy Mayor Bogert seconded.
Donna Gordon, 406 Ormond Dr., received clarification from the Town Manager that this ordinance is codifying the 1998 interpretation of the Board of Adjustment and that an ordinance is being drafted to allow skateboard ramps with limitations in the future.
Scott Bell, 1005 S. Shannon Ave., commented that it appears that the Board of Adjustment is now making law.
Scott Smith spoke against the ordinance.
John B. MacNeill, 1320 S. Riverside Dr., requested information on any other interpretations made by the Board of Adjustment.
George Gergora noted that it is within the scope of the Board of Adjustment to interpret the code when asked and those interpretations become law.
Motion to approve Ordinance No. 02-08 carried with Mayor Cochran, Deputy Mayor Bogert, Councilman Benevente and Councilman Kostro voting "yes." Councilman Fischer voted "no."
B. Ordinance No. 02-09 - Amending Section 17-4(29) - definition of front yard
1. Second reading - by title only
The Town Clerk read the Ordinance by title only.2. Public hearing and adoption
Councilman Fischer moved to approve Ordinance No. 02-09. Deputy Mayor Bogert seconded.
Sara Nichols, 336 Miami Ave., received clarification on the effect of incorporating the general definition of yard.
Motion to approve Ordinance No. 02-09 carried unanimously.
C. Ordinance No. 02-10 - Amending Section 2-5(c) - Code Enforcement Board - by providing for a five member board with two alternates
1. Second reading - by title only
The Town Clerk read the Ordinance by title only.2. Public hearing and adoption
There were no public comments.
Deputy Mayor Bogert moved to approve Ordinance No. 02-10. Councilman Benevente seconded. Motion carried unanimously.
D. Ordinance 02-11 - Providing for Rave Clubs
1. Second reading - by title only
The Town Clerk read the Ordinance by title only.2. Public hearing and adoption
Councilman Benevente moved to approve Ordinance 02-11. Councilman Fischer seconded. Motion carried unanimously.
E. Ordinance 02-12 - Amending Section 17-132 - Outdoor Cafes - by extending the hours of operation under certain circumstances
1. First reading - by title only
The Town Clerk read the Ordinance by title only2. Public hearing and adoption on first reading
Deputy Mayor Bogert moved to approve Ordinance 02-12. Councilman Fischer seconded.
Scott Smith spoke against the ordinance.
George Gergora received background on the ordinance from the Town Manager.
Heidi Wilkers, 313 9th Ter., expressed concerns with increased crime and noise.
Mr. Gergora questioned the benefit to the Town.
Djon Pepaj, 1001 S. Riverside Dr., stated that he felt the ordinance would create an atmosphere conducive to the enjoyment of the Town.
Mayor Cochran clarified that the ordinance can be changed if problems arise.
Ray DiZefalo, 141 Tampa Ave., received clarification that the ordinance can be modified at any time.
Karen Turja, 303 Melbourne Ave., spoke in favor of the ordinance.
Motion to approve Ordinance 02-12 carried unanimously.
IX. UNFINISHED BUSINESS
A. Carol Andren - update on 50th Anniversary Steering Committee plans
Carol Andren, 906 S. Ramona Ave., requested tentative approval of the plans and noted that the Committee is seeking special consideration to sell beer and have amplified music for the November 16 event.
It was the consensus of Council to have staff address the issue.
Ms. Andren also requested that the Town provide workshops on parliamentary procedure.
X. NEW BUSINESS
A. 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)
Councilman Fischer expressed concern that residents may be taken advantage of by unscrupulous transient business solicitors.
Staff was directed to look into ways to address the situation.
B. 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)
Mayor Cochran suggested that the Boards adopt the procedure he had outlined at the beginning of the meeting.
Councilman Fischer recommended that the Boards also read the procedure at the start of each meeting.
XI. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports - March, 2002Mr. Chinault requested that the Council approve by consensus the proposed plan for the 50th Anniversary Celebration. It was approved by consensus.
B. Report from Town Attorney
Attorney Gougelman reported that the Boozer variance appeal is scheduled for oral arguments on May 8. He also reported that Mr. Boozer has requested a permit to build the house and advised that Mr. Boozer needs to sign a statement indicating that he is proceeding at his own risk pending the outcome of the court decision.
XII. REPORTS
A. Mayor Cochran recommended that the Council consider expanding the hours for fishing on the pier at the next meeting.
B. Deputy Mayor Bogert received an update on the status of the recent burglaries from Sgt. Baker.
C. Councilman Benevente reported that Indialantic and Melbourne Beach will host the Space Coast League of Cities dinner May 13 and urged the Council to attend.
D. Councilman Kostro reported that an ethics complaint had been filed against Attorney Gougelman by a citizen of the Town and requested the Town demonstrate support for Attorney Gougelman. It was the consensus of Council to issue a letter of support stressing Mr. Gougelman's character and service to the community.
E. Councilman Fischer proposed the Town explore a way to control growth on the beach either through an independent land planner or a citizen committee and requested this be placed as an agenda item. Mr. Fischer also presented an ordinance received from Ms. Normile regarding animal noise control for possible consideration.
XIII. ADJOURNMENT
The meeting was adjourned at 8:30 PM.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr., Mayor
ATTEST: ____________________
Laura Eaton, CMC Town Clerk