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

Brevard County, Florida 32903

REGULAR TOWN COUNCIL MEETING

June 18, 2002 Town Hall

MINUTES NO. 02-08

 

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JUNE 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

II.       PLEDGE OF ALLEGIANCE

 III.     PUBLIC

A.       Marguerita Engel – St. Johns River Water Management District – informational update
Ms. Engel gave background information on the St. Johns River Water Management District programs and provided updates on water supply and water quality.

 B.       Others

          

  IV.     PUBLIC ANNOUNCEMENTS

A.        There will be an opening on the Board of Adjustment, Budget and Finance Committee, Code Enforcement Board and the Police/Fire Pension Board in July

B.        Town Hall will be closed July 4th in observance of Independence Day

The Town Clerk also announced that the Indialantic Police Department and Children’s  Home Society of Brevard are seeking volunteers for a fund raiser in Nance Park on August 3 with proceeds going towards the purchase of school supplies.   

  V.      CONSENT AGENDA 

A.     Minutes No. 02-07 – Regular Meeting – May 21, 2002

 B.     Authorization for Councilman Benevente to attend the Florida League of Cities 76th Annual Conference as the Town’s voting delegate

 C.     Approval of outdoor café permit for City Tropics Bistro subject to staff ensuring that code provisions are met

 D.     Council declaration of November 16, 2002 as a special event in honor of the Town’s 50th anniversary

 Deputy Mayor Bogert moved to approve the Consent Agenda.  Councilman Benevente seconded. Motion carried unanimously.

VI.    APPOINTMENTS

 A.     Budget and Finance Committee – One opening.  Les Barlow would like to be reappointed

Deputy Mayor Bogert moved to reappoint Les Barlow.  Councilman Benevente seconded.  Motion carried unanimously.

VII.    ORDINANCES AND RESOLUTIONS

 A.   Ordinance 02-12 – Amending Section 17-132 – Outdoor Cafes – by extending the hours of operation under certain circumstances

         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 adopt Ordinance 02-12.  Councilman Kostro seconded.  Motion carried unanimously.

 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)

       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 02-14.  Deputy Mayor Bogert seconded.

Scott Bell, 1005 S Shannon Ave., requested the legal cost of passing ordinances and resolutions.

 Council received clarification from Attorney Gougelman on the phrase “reasonable opportunity.”

  Motion to adopt 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) 

        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.

Councilman Fischer moved to adopt Ordinance 02-15.  Councilman Benevente seconded. Motion carried unanimously.

 

D.  Ordinance 02-16 – Amending Section 13-3 – Display of Goods – to allow for the outdoor display of merchandise in the C-2 district under certain circumstances

         1.First reading – by title only
         The Town Clerk read the ordinance by title only.
2.Public hearing and adoption on first reading

Councilman Kostro moved to adopt Ordinance 02-16.  Councilman Fischer seconded.

Annette Bernard, 801 N. Ramona and owner of Kite World, questioned the sunset provision.  Attorney Gougelman clarified that this is a pilot program and can be renewed by the Council.  It was also noted that the sunset provision was recommended by the Zoning and Planning  Board.

 Mayor Cochran requested that the ordinance be flagged to come back to Council in October, 2003.

Motion to adopt Ordinance 02-16 unanimously.

 

VIII.      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)

 Attorney Gougelman advised that governments do have the right to regulate certain types of door-to-door soliciting for commercial purposes but gave background on the problems involved with licensing solicitors.  He also expressed concerns with effective enforcement.

 Attorney Gougelman emphasized that an occupational license is only a tax and does not infer that a business is legitimate or qualified.

 Councilman Fischer maintained that his intent was to protect the homeowner from liability or from being taken advantage of by those offering services.  He suggested advising homeowners through the web site or newsletter of the precautions to take.

  IX.     NEW BUSINESS

A.   Discussion and possible action regarding amending the legal services agreement with Attorney Gougelman (Requested by Deputy Mayor Bogert)

Town Manager Chinault advised that Deputy Mayor Bogert had requested that the Council address the attorney’s contract in two areas – extending the contract for two years and increasing compensation from $105 to $115 per hour. 

 Deputy Mayor Bogert moved to approve an amendment to the attorney’s contract extending the term for an additional two years and increasing compensation to $115 per hour.  Councilman Fischer seconded. 

  Scott Bell questioned the amount of the increase.

 Councilman Benevente received clarification that no severance pay was involved.

 Motion carried unanimously.

 B.  Discussion and possible action regarding permitting for play apparatus (Requested by Mayor Cochran)

       Town Manager Chinault advised that there are citizen concerns regarding regulating the size of play apparatus.  He explained that the attorney has stipulated that the equipment does need to be regulated and that staff is addressing the situation and will make recommendations on height and footprint for the next meeting. 

       John B. MacNeill, 1320 S. Riverside Dr., recommended that setbacks also be considered.

X.    ADMINISTRATIVE MATTERS

A.     Report from Town Manager
Statistical Reports – May, 2002

B.   The Town Attorney had no report.

 XI.    REPORTS 

A.        Mayor Cochran had no report

B.         Deputy Mayor Bogert had no report.

C.        Councilman Benevente stated that the League of Cities Annual Conference will be 
held August 15-17 in Boca Raton.

D.        Councilman Fischer had no report.

E.         Councilman Kostro had no report.

 

  XII.    ADJOURNMENT

The meeting was adjourned at 7:55 PM.

TOWN OF INDIALANTIC  

______________________           
                                                                                             Robert L. Cochran, Jr., Mayor          

 

ATTEST:____________________

               Laura Eaton, CMC,  Town Clerk