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

Brevard County, Florida 32903

REGULAR TOWN COUNCIL MEETING

July 16, 2002 Town Hall

MINUTES NO. 02-09

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

 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

  IV.     PUBLIC ANNOUNCEMENTS

 A.  There is an opening on the Budget and Finance Committee and two openings on the Civil Service Board

 B. Qualifying dates for the November 5, 2002 election for Mayor, Council Seat 2 (currently held by Councilman Fischer) and Council Seat 4 (currently held by Councilman Kostro) will be August 22 through September 5, 2002

  V.      CONSENT AGENDA

 A.     Minutes No. 02-08 – Regular Meeting – June 18, 2002

 B.     Renewal of agreement with Brevard County and Dr. McPherson for medical director supervision for Town rescue services

 C.     Approval of Satisfaction of Code Enforcement Board Lien

 D.     Approval of amendment to the S. Riverside Drive/US-192 turn lane TIFT agreement to include project engineering costs

Councilman Benevente moved to approve the Consent Agenda.  Councilman Fischer seconded.  Motion carried unanimously.

 VI.    APPOINTMENTS

 A.  Board of Adjustment  – One opening.  Brian Dullaghan would like to be reappointed
Councilman Fischer moved to reappoint Mr. Dullaghan.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

 B.  Code Enforcement Board – One opening.  Orlando Brillante would like to be reappointed
Councilman Benevente moved to reappoint Mr. Brillante.  Councilman Fischer seconded.  Motion carried unanimously.

 C.     Police/Fire Pension Board – One opening.  Eugene Terkoski would like to be reappointed
Councilman Fischer nominated Mr. Terkoski.  He was reappointed unanimously.

D.     Budget and Finance Committee – One opening.  Application received from Jack Kish
 Deputy Mayor Bogert nominated Mr. Kish.  He was appointed unanimously.

VII.    ORDINANCES AND RESOLUTIONS

 A.  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.  Second reading – by title only
The Town Clerk read the ordinance by title only.

2.  Public hearing and adoption

Councilman Fischer moved to approved Ordinance 02-16.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

 B. Ordinance 02-17 – Amending Section 5-2 – Changing the name of Miramar Park to Gus Carey Park

1.  First reading – by title only
The Town Clerk read the ordinance by title only.

2.  Public hearing and adoption

Councilman Benevente moved to approve Ordinance 02-17.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

C.        Ordinance 02-18 – Amending Section 15-23(a) – Traffic violation penalties

 1.  First reading – by title only
The Town Clerk read the ordinance by title only.

2.  Public hearing and adoption

Councilman Fischer moved to approve Ordinance 02-18.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

D.        Ordinance 02-19 – Amending Section 17-129 – Site plan approval

 1.  First reading – by title only
The Town Clerk read the ordinance by title only.

2.  Public hearing and adoption

 Deputy Mayor Bogert moved to approve Ordinance 02-19 on first reading.  Mayor Cochran seconded.

 John B. MacNeill, 1320 S. Riverside Dr., received clarification concerning the transfer of site plan approval if ownership of the land is changed.  Attorney Gougelman explained that zoning relates to land use and not ownership and in his opinion it is not legal to void prior approval of a site plan due to a change in ownership.

 Mr. MacNeill also received clarification on the provision that allows increasing acreage with no proposed development to be exempt from additional approval.

 Attorney Gougelman noted that the ordinance has some threshold numbers still to be determined.  He advised it would also go before the Zoning and Planning Board prior to second reading for consistency and recommendations.

 Mr. Chinault gave background information on the problems encountered by Kempf’s and Surf Style that prompted the ordinance.  He maintained that minor changes could be handled more expeditiously through administrative channels.

 Councilman Fischer spoke against the ordinance and recommended revising Section 17-129.  He also noted that the word use of the word “approximately” used on page 10, #3 is not consistent with policy.

 Councilman Kostro suggested including a sunset provision.

 Mayor Cochran recommended that this item be tabled and further reviewed by the Town Planner, Town Manager and Zoning and Planning Board.

 Deputy Mayor Bogert moved that this ordinance be reworked and returned for first reading.  Mayor Cochran seconded.  Motion carried unanimously.

VIII.      UNFINISHED BUSINESS

 A.  Discussion and possible action concerning the installation of play apparatus

 The Town Manager gave background advising that Attorney Gougelman has determined that, per the new State Building Code, play apparatus is a structure and must be regulated and permitted. He added that equipment of a specified size can be exempt from requiring a permit and sought the Council’s direction in establishing parameters for such exemptions. 

Hugh Normile, 1316 S. Riverside Dr., explained that an extensive, high “village” of play equipment has been installed by his neighbor.  Mr. Normile entered into the record photographs of the apparatus and maintained that this is a structure and needs to meet requirements of the Code.  He supported setting standards with regard to height, setbacks and total square footage for exempt play apparatus and require any structure not meeting those standards to be permitted and meet building codes.

 Lynn Normile, 1316 S. Riverside Dr., expressed concern with safety during a hurricane or storm and the loss of privacy based on the height of the structure next to her property.

 Scott Bell, 1005 S. Shannon Ave., noted that a second story with a balcony could also intrude on privacy.

 It was the consensus of Council to draft an ordinance with specific exemption parameters.

 Cliff Cook received clarification on the effect this would have on the Normile situation.

 It was clarified for Ms. Normile that the neighbor’s play apparatus would fall under the accessory structure building code requirements

IX.     NEW BUSINESS

A.  Set tentative millage rate for Fiscal Year 02/03 at 5.0089; set date for first public hearing on the millage rate and budget for 7:00 pm on September 3, 2002; set date for second public hearing on the budget for 7:00 pm on September 17, 2002; set budget workshop for 6:00 pm on August 20, 2002

 Councilman Benevente moved to approve New Business, Item A. Councilman Fischer seconded.  Motion carried unanimously.

 B.     Appointment of Council member to serve on Space Coast League of Cities’ committee to review the County’s proposed creation of a special water and sewer district in unincorporated areas (Requested by Councilman Benevente)

Councilman Benevente advised that the committee is being formed to study the County’s proposed ordinance to create a special water and sewer district in the unincorporated sections of the County.

Attorney Gougelman gave background on the proposed ordinance and noted this trend could have a significant impact on all cities in Brevard County. He explained that since a grandfathering clause has been left out, existing city water and sewer treatment systems would become inconsistent with the ordinance.

 He further advised that the League of Cities’ Board opted unanimously not to support the proposed ordinance and to form a committee chaired by Councilman Benevente to review it.

 Councilman Benevente nominated Councilman Fischer to serve on the committee.  Councilman Fischer accepted the nomination and was appointed by consensus.

 X.    ADMINISTRATIVE MATTERS

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

B.   Report from Town Attorney – Attorney Gougelman had no report.

XI.    REPORTS 

A.        Mayor Cochran had no report. 

B.         Deputy Mayor Bogert reported on receipt of the FRDAP ceremonial grant check. 

C.        Councilman Benevente invited all to attend the meeting to review the proposed water/sewer district on July 23 and announced the Back to School Bash set for August 3 in Nance Park. 

D.        Councilman Fischer had no report. 

E.         Councilman Kostro had no report

  XII.    ADJOURNMENT

The meeting was adjourned at 8:10 PM.

TOWN OF INDIALANTIC 

______________________ 

Robert L. Cochran, Jr., Mayor 

ATTEST:____________________

               Laura Eaton, CMC,  Town Clerk