TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
May 21, 2002 Town Hall
MINUTES NO. 02-07
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON MAY 21, 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
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
Annette Bernard, 801 N. Ramona and owner of the kite shop on A1A, requested relief on the prohibition of outdoor display.
Mr. Chinault advised that the Zoning and Planning Board is exploring a viable ordinance and until one is adopted violations will be handled through Code Enforcement. He went on to explain the procedure for addressing violations and commented that the affected business owners have been most cooperative in attempting to work out a solution.
Ann Fabyan, co-owner of the building in which Ms. Bernard and Mr. Dubey are tenants, maintained that the outdoor display contributes to the ambiance of the community and that the present restrictions are hurting her tenants.
Jerry Gonsalves, 431 Third Ave., recommended that staff actively pursue these issues with the Zoning Board to ensure a timely solution.
John B. MacNeill, Vice Chairman of the Zoning & Planning Board, stated that the issue is being actively worked and affects only the C-2 district.
IV. PUBLIC ANNOUNCEMENTS
A. There will be an opening on the Budget and Finance Committee and the Civil Service Board in June
B. Town Hall will be closed May 27th in observance of Memorial Day
V. CONSENT AGENDA
A. Minutes No. 02-06 – Regular Meeting – April 16, 2002
B. Approval to award the bid and enter into a contract with the low bidder, JAM Construction Services, Inc., in the amount of $10,030 for pier lighting
C. Approval of Proclamation – Gus Carey Day (expected to be June 18, 2002)
D. Approval of Amendment #5 to the Town Manager’s employment agreement to provide for compensation of $102/month for in-county travel expenses rather than requiring monthly travel logs
E. Proclamation – National Management Week - June 3 – 8, 2002
Councilman Fischer moved to approve the Consent Agenda. Mayor Cochran seconded. Motion carried with Mayor Cochran, Deputy Mayor Bogert, Councilman Benevente and Councilman Fischer voting “yes.” Councilman Kostro voted “no.”
VI. APPOINTMENTS
A. Parks/Recreation/Beautification – Rose Benevente and Marge Schwanbeck would like to be reappointed
Councilman Benevente nominated Ms. Benevente and Ms. Schwanbeck. They were reappointed unanimously.
B. Budget and Finance Committee – One opening. Ray DiZefalo would like to be reappointed
Councilman Fischer moved to reappoint Mr. DiZefalo. Councilman Benevente seconded. Mr. DiZefalo was reappointed unanimously.
A.Ordinance 02-13 – Amending Section 5-2 to allow the fishing pier in Riverside Park to remain open 24 hours a day (Requested by Mayor Cochran)
Mayor Cochran explained that he was recommending the change to allow the potential for fishermen and shrimpers to utilize the dock. He stated that the police department did not foresee any problems and that if any did arise, the hours would be changed back.
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 suggested tabling this item until the lights are installed to determine the impact.
The Town Manager advised that installing the lights would take approximately 45 days. The lights on the south side will stay on until the park closes at 9:00 PM and that the lights on the north side will stay on all night for boat activity and police surveillance.
Mayor Cochran requested that this item be pulled and placed on the July agenda.
Jerry Gonsalves spoke against the ordinance, as it could make the pier become an attraction for homeless persons.
B.Ordinance 02-14 – Amending Sections 3-6. 3-10. 5-63. 5-64. 5-65. 10-13.1 and 10-13.4 for special events (Requested by the 50th Celebration Steering Committee)
The Town Manager advised that the ordinance was based on recommendations from the 50th Anniversary Steering Committee allowing for some activities not presently permitted.
1. First reading – by title only
The Mayor read the ordinance by title only.
2.Public hearing and adoption on first reading
Councilman Fischer moved to approve Ordinance 02-14. Deputy Mayor Bogert seconded.
Councilman Benevente questioned the liability of the Town if alcohol is sold.
Mark Hart, member of the 50th Anniversary Committee, explained the activities scheduled for the park and noted that they will be is similar to that of Melbourne Beach’s Founders’ Day. Mr. Hart advised that beer sales would be handled by vendors, preferably non-profit organizations.
Councilman Kostro noted that the vendor would be required to carry insurance specific to the event.
Attorney Gougelman advised that the Town should be listed as an additionally insured by all the vendors.
Motion to approve Ordinance 02-14 carried unanimously.
C.Ordinance 02-15 – Amending Section 4-19 – Animals and Fowl - relating to creating and abating nuisances (Requested by Councilman Fischer)
Councilman Fischer advised that the Normiles had requested enforcement against barking dogs.
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 approve Ordinance 02-15. Councilman Benevente seconded.
Mike McCabe, 900 S. Miramar, received clarification from the Town Attorney that enforcement would be up to Police, Code Enforcement or County Animal Control and that this ordinance makes the code more definitive in pursuing violations.
Hugh Normile, 1316 S. Riverside Dr., advised that he has experienced the problem and supported a clear standard for enforcement.
Lynn Normile, 1316 S. Riverside Dr., stated that this is a common problem and supported the ordinance outlining structure and penalties.
Cliff Cook, 401 N. Riverside Dr., stated that the ordinance is still not definitive.
Lois Schissel, 440 Tenth Ave., agreed that the ordinance is still a little vague.
Motion to approve Ordinance 02-15 carried unanimously.
VII.UNFINISHED 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 encouraged the Council to adopt an amendment to Chapter 9 requiring registration for businesses that do business within the Town for the protection of the citizens.
Attorney Gougelman clarified that the occupational license is only a tax that is imposed on businesses having their principal location within the Town and does not regulate business.
Councilman Fischer suggested a business registration with a nominal filing fee requiring the name, business address, copy of occupational license and proof of insurance.
Attorney Gougelman was requested to review this issue and report at the next meeting.
VIII. NEW BUSINESS
A. Approval of Building Official appointment
Mr. Chinault introduced Cathy Spafford and gave background on her selection.
Councilman Benevente moved to approve the appointment of Ms. Spafford as Building Official. Councilman Fischer seconded. Motion carried unanimously.
B. Discussion and possible action regarding appointing a committee to review density/zoning/planning requirements in the Tourist district (Requested by Councilman Fischer)
Based on discussions over the last several months, Councilman Fischer encouraged the Council to establish an ad hoc citizen advisory committee to review options, if any, considering lowering density or re-zoning the Tourist district to allow for less development.
Councilman Fischer moved to establish an ad hoc committee to review density, zoning and planning requirements in the Tourist district with the intent of down zoning and a time table of six months.
There was no second.
No further action was taken.
C. Discussion and possible action regarding appointing the Parks, Recreation, Beautification Committee to review the Town color code (Requested by Mayor Cochran)
Town Manager Chinault explained that the current color chart, which does not apply to residential zones, is very dated and references colors no longer existing. He advised that the Code requires an ad hoc committee to update the colors and recommended the Parks, Recreation, Beautification Committee serve as that body.
Councilman Benevente moved to appoint the Parks, Recreation, Beautification Committee to review the color code. Mayor Cochran seconded.
Scott Bell, 1005 S. Shannon Ave., requested that Council consider having business owners on the committee.
Joel Rosenblatt, 445 11th Ave., received clarification from the Town Manager as to any standards by which the code is applied.
Kent Broom, 510 N. Riverside Dr., received clarification that this would have no effect on murals and signs.
Councilman Fischer preferred establishing an architectural review board which would include colors selections.
The Council requested that Attorney Gougelman look into the Sebastian code concerning architectural style.
Motion to appoint the Parks, Recreation, Beautification Committee to review the color code carried unanimously.
IX. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – April, 2002
X. REPORTS
A. Mayor Cochran reported that the new sign on the 5th Ave. median has been unveiled and congratulated the Parks, Recreation, Beautification Committee on a great job.
B. Deputy Mayor Bogert had no report.
C. Councilman Benevente had no report.
D. Councilman Fischer had no report.
E. Councilman Kostro had no report.
XI. ADJOURNMENT
The meeting adjourned at 8:05 pm.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr.
Mayor
ATTEST: ________________________
Laura Eaton, CMC
Town Clerk