TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
September 17, 2002 Town Hall
MINUTES NO. 02-12
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON SEPTEMBER 17, 2002.
PRESENT:
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
ABSENT: Hon. Robert L. Cochran, Jr., Mayor (excused)
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
Deputy Mayor Bogert called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC
Franco Amara, 106 Deland Ave., made the Council aware of a recurring problem with loose dogs in the vicinity of Carey Park and the Tampa Ave. beach access.
Mr. Chinault advised that the situation is being monitored with increased police patrols in response to Mr. Amara's concerns.
Ray DiZefalo, 141 Tampa Ave., suggested that code provisions concerning dogs be posted in the next newsletter.
IV. PUBLIC ANNOUNCEMENTS
A. There are currently openings on the Board of Adjustment and the Parks, Recreation, Beautification Committee.
B. There will be an opening on the Code Enforcement Board in September
C. The 2002 election will be held November 5th to elect a Mayor and two Council members. Candidates are:
Robert L. Cochran, Jr. and Daniel S. Trott - Mayor
Michael R. Fischer and Michael McCabe - Council Seat 2
Cliff Cook and Victor S. Kostro - Council Seat 4
V. FINAL PUBLIC HEARINGS ON 2002-2003 MILLAGE RATE AND BUDGET
A. Resolution 02-07 - Adoption of millage rate for 2002-2003
1. Announcement - the millage rate to be levied for the Town of Indialantic is 5.0089 which is 10% over the rolled back millage rate of 4.5535 - the additional revenue is needed to cover costs associated with the Town Fire/Rescue Department providing Advanced Life Support (ALS) services
2. Public Hearing
Deputy Mayor Bogert read the resolution by title only.
Cliff Cook, 401 N. Riverside Pl., questioned how many years the rate would need to be increased by the maximum to fund the ALS. Mr. Chinault explained additional increases might be necessary depending on other revenues.
3. Adoption
Councilman Kostro moved to adopt Resolution 02-08. Councilman Fischer seconded. Motion carried unanimously.
It was clarified that the correct resolution number was 02-07.
B. Resolution 02-08 - Adoption of the 2002-2003 budget in the amount of $3,273,677 with a General Fund budget of $2,714,784
1. Public Hearing
Deputy Mayor Bogert read the resolution by title only.There were no public comments.
2. Adoption
It was clarified that the $3,273,677 total figure included Enterprise, pension and trust and agency fund budgets.
Councilman Kostro moved to adopt Resolution 02-08. Councilman Fischer seconded.
Motion carried unanimously.
VI. CONSENT AGENDA
A. Minutes No. 02-10 - Regular Meeting - August 20, 2002
B. Minutes No. 02-11 - Special Meeting - September 3, 2002
C. Approval of 1.46% rate increase as requested by Harris Sanitation in accordance with the franchise agreement
D. Approval of final budget adjustments for FY-02
E. Approval to encumber funds from FY-02 unfinished projects to FY-03 budget
F. Approval of FY-03 pay scale
G. Approval of FRDAP agreement for Douglas Park
H. Approval of Agreement between the Town and the Coastal Florida Police Benevolent Association (PBA)
I. Approval to accept from Florida Tech a piece of land to add to Lily Park
J. Approval of a binding lot agreement for City Tropics Bistro
K. Approval to temporarily close the 300 block of Orlando Blvd. on September 21, 2002 from 6:00 pm to midnight for a neighborhood party
Councilman Benevente moved to approve the Consent Agenda Items A-K. Councilman Fischer seconded. Motion carried unanimously.
VII. APPOINTMENTS
A. Code Enforcement Board - One opening - Betty Preece would like to be reappointed
Councilman Benevente moved to reappoint Ms. Preece. Councilman Kostro seconded. Motion carried unanimously.
VIII. ORDINANCES AND RESOLUTIONS
A. Ordinance 02-20 - Amending Section 13-3(e)- Outdoor display of goods
1. Second reading - by title only
The Town Clerk read the Ordinance by title only2. Public hearing and adoption
There were no public comments.
Councilman Fischer moved to approve Ordinance 02-20. Councilman Kostro seconded.
Councilman Benevente questioned enforcement of the ordinance.
Motion carried with Deputy Mayor Bogert, Councilman Fischer and Councilman Kostro voting "aye." Councilman Benevente voted "no."
B. Ordinance 02-21 - Amending the Personnel/Civil Service Manual to require a twelve month probationary period for police officers
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.
The Town Manager explained the purpose of increasing the probation period.
Councilman Fischer moved to approve Ordinance 02-21. Councilman Kostro seconded. Motion carried unanimously.
C. Ordinance 02-22 - Amending Section 8-12.1 - Dumpsters - by permitting vinyl walls
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 Benevente moved to approve Ordinance 02-22. Councilman Fischer seconded. Motion carried unanimously.
D. Ordinance 02-23 - Amending Section 17-91 - Accessory structures - to include exemptions for certain play apparatus
1. First reading - by title only
The Town Clerk read the Ordinance by title only.2. Public hearing and adoption
In response to a question from Mike McCabe, 900 S. Miramar, the Town Manager explained that the ordinance had been modified since the last meeting after review by the Town Attorney and Town Building Official.
Lynn Normile, 1316 S. Riverside, spoke in favor of the ordinance.
Councilman Kostro moved to approve Ordinance 02-23. Councilman Benevente seconded.
Scott Bell, 1005 S. Shannon Ave., noted that this could create a number of non-conforming structures.
Cliff Cook spoke against selective code enforcement and civil rights violations.
Mr. Chinault advised that the ordinance would have two more public hearings.
Motion to approve Ordinance 02-23 carried unanimously.
E. Ordinance 02-24 - Amending Section 17-99 - Offstreet parking - by removing the provision for coquina shell rock surfaces in parking areas
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 02-24. Councilman Benevente seconded.
Cliff Cook questioned what affect this would have on existing businesses and suggested that requiring paving of the right-of-way might take care of the problem created by rocks in the drainage system.
Attorney Gougelman explained that pre-existing coquina shell rock parking areas would become non-conforming and that existing code sections deal with that circumstance.
John B. MacNeill, 1320 S. Riverside Dr., spoke in favor of paving the right-of-way and received clarification that this affected only the commercial districts.
Motion to approve Ordinance 02-24 carried unanimously.
F. Ordinance 02-25 - Amending Sec. 5.5-41 - Town Color Code by updating the selection of color samples
1. First reading - by title only
The Town Clerk read the Ordinance by title only.2. Public hearing and adoption
The Town Manager advised the Council of the revisions.
There were no public comments.
Councilman Benevente moved to approve Ordinance 02-25. Councilman Kostro seconded. Motion carried unanimously.
IX. UNFINISHED BUSINESS
A. Approval of schedule of events for the 50th Anniversary celebration - presented by the 50th Anniversary Steering Committee
Carol Andren, Chairman of the 50th Anniversary Steering Committee, requested that Council approve the proposed schedule of events.
Mr. Chinault gave additional background and recommended approval.
Councilman Benevente suggested looking into the cost of lapel pins depicting the Town seal.
Ms. Andren noted that the Committee is seeking sponsorship to cover the costs of certain items and suggested that Council consider using the Town Hall outline, adopted as the logo of the event, on the pins.
Councilman Fischer moved to approve the schedule of events. Councilman Kostro seconded. Motion carried unanimously.
X. NEW BUSINESS
A. Discussion and possible action regarding participation in the disability presumption lawsuit
Attorney Gougelman gave background on the disability presumption legislation noting that the League of Cities is pursuing the lawsuit on the basis that it is an unfunded mandate. He clarified that there would be no cost to the Town.
In response to a question from Council, it was noted that the Town would receive the same benefit from the lawsuit whether or not it participates as a named party.
Councilman Fischer moved to join the lawsuit. Councilman Benevente seconded. Motion carried with Deputy Mayor Bogert, Councilman Benevente and Councilman Fischer voting "aye." Councilman Kostro voted "no."
B. Discussion and possible action regarding restricting parking on portions of the north side of the Melbourne Causeway (Requested by Councilman Benevente)
The Town Manager reported that Melbourne has received FDOT approval to prohibit parking on the north side of the causeway within its city limits which has resulted in increased activity on the Indialantic side, causing some erosion. He advised that if parking were limited on the east side through agreement with the FDOT, traffic could be directed to areas that were not eroded.
The following people spoke against limiting the public's access to the water:
John B. MacNeill
Cliff Cook
Randy Brown, 111 Tradewinds Terrace
Carol Andren, 906 S. Ramona
Council took no action on this item.
XI. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports - August, 2002B. The Town Attorney had no report.
XII. REPORTS
A. Deputy Mayor Bogert had no report.
B. Councilman Benevente reported on an upcoming summit meeting with the County Commissioners.
C. Councilman Fischer hoped for a spirited and positive election period.
D. Councilman Kostro had no report.
XIII. ADJOURNMENT
The meeting was adjourned at 8:35 pm.
TOWN OF INDIALANTIC
______________________
Bruce Bogert, Deputy Mayor
ATTEST: ____________________
Laura Eaton, CMC, Town Clerk