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

Brevard County, Florida 32903

REGULAR TOWN COUNCIL MEETING

August 20, 2002 Town Hall

MINUTES NO. 02-10

 

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON AUGUST 20, 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 has 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

A.  Kristina Musante – Children’s Home Society - Changes in the child protection system in Brevard County

 Ms. Musante thanked the Police and Fire Departments for their participation in the Back-to-School Bash and presented information on the status of the child protection system in Brevard County which is being privatized.  She also extended an invitation to the Child Advocacy Award fundraiser.

 B.       Others

Jeff and Kathleen McGinn, 241 Miami Ave., advised of on-going code violations at a neighboring house and requested the code be tightened to address the problems.

 Town Manager Chinault advised that the Town has contacted the property owner regarding  the violations and that it is his understanding that the tenants would be leaving at the end of the month which should correct the problem.  He also advised that the code is being reviewed to better address these issues.

 Attorney Gougelman advised that the McGinns have recourse by filing a nuisance action through a private attorney.

  IV.     PUBLIC ANNOUNCEMENTS

 A.  There will be an opening on the Code Enforcement Board in September

 B.  The first public hearing on the FY 02/03 budget will be held on Tuesday, September 3, 2002 at 7:00 pm

 C.      Qualifying dates for the November 5, 2002 election for Mayor (currently held by Mayor Cochran), 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

 D.      There are openings on the Parks, Recreation, Beautification Committee due to the resignations of Barbara Coburn and Kathryn Kowalski

E.       There is an opening for 2nd alternate on the Board of Adjustment due to the resignation of Brian Low

V.      CONSENT AGENDA

 A.       Minutes No. 02-09 – Regular Meeting – July 16, 2002

 B.        Approval to make application for $50,000 in FRDAP funds to increase handicap accessibility in Orlando Park (no local match required)

 C.  Resolution 02-05 – Authorizing the Town Manager to execute FRDAP grant agreement documents for Orlando Park

 D.  Resolution 02-06 – Amending the five year Capital Improvement Program (CIP) budget in support of a FRDAP application for Orlando Park

E.       Proclamation – October as “Arts and Humanities Month”

Councilman Fischer moved to approve the Consent Agenda Items A-E.  Councilman Benevente seconded.  Motion carried unanimously.

VI.    APPOINTMENTS

 A.     50th Anniversary Steering Committee – One opening due to the resignation of Brian Low – application received from Denise Bozeman

Councilman Benevente moved to appoint Ms. Bozeman.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

B.           Civil Service Board – Two openings – Kathryn Kowalski and Ray DiZefalo would like to be appointed

Councilman Fischer moved to appoint Ms. Kowalski and Mr. DiZefalo.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

VII.    ORDINANCES AND RESOLUTIONS

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

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 02-17.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

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

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 02-18.  Councilman Kostro seconded.  Motion carried unanimously.

C.        Ordinance 02-20 – Amending Section 13-3(e)– Outdoor display of goods

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 02-20.  Councilman Fischer seconded.  Motion carried unanimously.

 D.        Ordinance 02-21 – Amending the Personnel/Civil Service Manual to require a twelve month probationary period for police officers

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 02-21.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

 E.         Ordinance 02-22 – Amending Section 8-12.1 – Dumpsters – by permitting vinyl walls

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

2.Public hearing and adoption

Councilman Kostro received clarification that the Building Official would determine the appropriate strength of the material used.

Deputy Mayor Bogert moved to approve Ordinance 02-20.  Councilman Fischer seconded. Motion carried unanimously.

 F.         Ordinance 02-23 – Amending Section 17-91 – Accessory structures – by allowing an exemption for play apparatus based on size

1.  First reading – by title only
Town Manager Chinault advised that this ordinance had been prepared absent a Building Official and requested that it be pulled from the agenda until Ms. Spafford has time to review it with the Town Attorney.

The item was removed with no objection.

 Councilman Fischer requested that setbacks be considered for smaller equipment.

 VIII.      UNFINISHED BUSINESS

A.  Discussion and possible action regarding recommendation from the Parks, Recreation and Beautification Committee to amend the Town color code

Town Manager Chinault reported that the Parks, Recreation and Beautification Committee has reviewed the color chart and recommended permitting the first four lighter shades of each color chip row.  He clarified that any brand of paint can be utilized as long as it matches a permitted color.

Councilman Benevente moved to accept the Parks, Recreation and Beautification Committee recommendation and have staff draft an ordinance.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

 IX.     NEW BUSINESS

A.  Discussion and possible action regarding the 50th celebration vendor fee schedule – requested by the 50th Anniversary Steering Committee

 Town Manager Chinault presented the vendor fee schedule requested by the Committee to offset the cost of the 50th Anniversary Celebration.

Councilman Fischer requested engaging non-profit organizations where possible.

Deputy Mayor Bogert moved to approve the fee schedule.  Councilman Kostro seconded.  Motion carried unanimously.

X.    ADMINISTRATIVE MATTERS 

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

Mr. Chinault provided an update on the dips on Palm Avenue at Tenth Terrace and Palm Court.

 B.        Report from Town Attorney

Attorney Gougelman reported on a letter received from Chris Cook concerning a Town employee that she requested be brought to the attention of the Council.  As several members of the Council had not received a copy of the letter, it will be provided to them.

  XI.    REPORTS 

A.        Mayor Cochran had no report. 

B.         Deputy Mayor Bogert reported that Code Enforcement is doing a good job with the situation behind the Indialantic Shopping Center. 

C.        Councilman Benevente reported on the League of Cities conference and requested a letter supporting its law suit against the state concerning the presumption law.  It was the consensus of the Council to support the League in pursuing the lawsuit.  He also reported on the Water Supply Board and the proposed city managers’ summit. 

D.        Councilman Fischer had no report. 

E.         Councilman Kostro had no report.

 

XII.    ADJOURNMENT

The meeting was adjourned at 7:40 PM.

TOWN OF INDIALANTIC

______________________
                                                               Robert L. Cochran, Jr.,  Mayor

ATTEST:____________________

               Laura Eaton, CMC,  Town Clerk