TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
October 15, 2002 Town Hall
MINUTES NO. 03-01
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON OCTOBER 15, 2002.
PRESENT:Hon. Robert L. Cochran, Jr., Mayor
Hon. Vince Benevente, Councilman
Hon. Mike Fischer, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Laura Eaton, Town Clerk
ABSENT:Hon. Victor Kostro, Councilman (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
Mayor Cochran called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
III. APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT – filed by Robert Johnson, 500 Watson Dr. appealing the decision to deny a variance to Code Section 17-103(b)(3)(b) – parking and storage of RV’s
Attorney Gougelman advised that the Clerk’s office had received a request from Mr. Johnson that this item be continued to the next meeting.
Mayor Cochran opened the public hearing.
Deputy Mayor Bogert moved to continue the appeal to the November meeting. Councilman Fischer seconded. Motion carried with Mayor Cochran, Deputy Mayor Bogert, Councilman Fisher and Councilman Kostro voting “aye.” Councilman Benevente voted “nay.”
IV. PUBLIC
Gerry Gonsalves, 431 Third Ave., observed that the Town has never been run smoother and that a raise for the Town Manager is well deserved.
V. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following 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 Zoning and Planning Board in November
C. The 7th Annual Halloween Party will be held on October 26, 2002 from 4 pm to 8 pm.
D. Town Hall will be closed November 11, 2002 in observance of Veteran’s Day
E. 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
VI. CONSENT AGENDA
A. Minutes No. 02-12 – Regular Meeting – September 17, 2002
B. Proclamation of Election
C. Approval of interlocal agreement with Brevard County to establish a centralized and uniform system for the local regulation, licensing and discipline of registered contractors
D. Approval of Local Law Enforcement Grant in the amount of $3,858 with a local match of $429
E. Approval of supplemental JPA agreement with FDOT in the amount of $70,000 to include mast arm at Riverside Drive/US-192
F. Set the date of the special meeting to ratify the election results for November 7th at 6:00 PM.
Mayor Cochran moved to approve the consent agenda Items A through F. Councilman Benevente seconded. Motion carried unanimously.
VII. APPOINTMENTS
A. Parks/Recreation/Beautification – D.X. Ross would like to be reappointed
Councilman Benevente moved to reappoint Ms. Ross. Deputy Mayor Bogert seconded. Motion carried unanimously.
B. Zoning and Planning Board – One opening. Nancee Hay would like to be reappointed
Councilman Fischer nominated Ms. Hay for reappointment. Ms. Hay was reappointed unanimously.
A. 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
Deputy Mayor Bogert moved to adopt Ordinance 02-23. Councilman Fischer seconded.
Mike McCabe, 900 S. Miramar Ave., stated that the size and height limitations appeared too restrictive. He also noted that setback requirements were not designated.
Mr. Chinault clarified that the setback would be covered by the accessory structure code as specified in individual zoning districts and that the size and height limits were open for consideration.
Scott Smith, 321 7th Ave., noted the size restrictions may be too limited to include simple swing sets.
Mr. Chinault agreed to check swing set dimensions and clarified that the new requirements would affect structures placed after March 1, 2002.
Councilman Fischer requested that the height measurement be amended to reflect measurement from the crown of the road or the finished floor, whichever is lower.
Scott Smith spoke against measuring the height from the crown of the road.
Motion to adopt Ordinance 02-23 with the height measurement amended passed unanimously.
B. Ordinance 02-24 – Amending Section 17-99 – Offstreet parking – by removing the provision for coquina shell rock surfaces in parking areas
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 02-24. Deputy Mayor Bogert seconded.
John B. MacNeill, 1320 S. Riverside Dr., noted that the Zoning Board had requested that the ordinance be amended to require paved aprons on the right of way to the edge of the pavement to prevent spill-off. He also advised that the Board had found the ordinance contrary to the Coastal Management and Conservation element of the Comprehensive Plan.
Mr. Chinault clarified that the ordinance was proposed to deal only with new construction therefore the apron requirement would not be needed.
Attorney Gougelman clarified that an ordinance found inconsistent with the Comprehensive Plan cannot be adopted without competent expert testimony to contradict the finding.
Councilman Fisher modified his motion to continue the public hearing to next month and send Ordinance 02-24 back to the Local Planning Agency. Motion carried unanimously.
C. Ordinance 02-25 – Amending Sec. 5.5-41 – Town Color Code by updating the selection of color samples
1.Second reading – by title only
The Town Clerk read the ordinance by title only.
2.Public hearing and adoption
Councilman Benevente moved to adopt Ordinance 02-25. Councilman Fischer seconded.
Mr. Chinault clarified for Scott Smith that the new restaurant does not violate the code and that there are no restrictions on color combinations.
Ordinance 02-25 was adopted unanimously.
IX. UNFINISHED BUSINESS
A. Discussion and possible action regarding purchase of Town lapel pins (Requested by Councilman Benevente)
Councilman Benevente recommended the purchase of logo pins to tie in with the 50th Anniversary celebration.
Mayor Cochran felt that the ¾ inch pins were too small and the cost was prohibitive.
Councilman Fischer brought up the possibility of selling the pins as a commemorative item.
Councilman Benevente moved to order 1,000 one-inch pins. Deputy Mayor Bogert seconded.
John B. MacNeill stated that the 50th Anniversary Committee had been advised against purchasing logo items through the experience of Cocoa Beach and requested that the Committee’s money not be used to buy the pins.
Nancee Hay, 136 10th Ave., displayed a one inch pin as an example of the size.
Motion to purchase the pins passed unanimously.
X. NEW BUSINESS
A.Discussion and possible action regarding the Town Manager’s annual evaluation
The Town Clerk reported that she had received four evaluations.
Ray DiZefalo, 141 Tampa Ave., stated that, based on personal experience, the evaluation should be high.
Mayor Cochran moved to accept the four submitted evaluations with the fifth one to come in shortly. Deputy Mayor Bogert seconded. Motion carried unanimously.
XI. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – September, 2002
Mr. Chinault also reported that the mast arms at the Fifth Avenue/Riverside Drive intersection will come under the JPA agreement.
Mr. Gougelman had no report.
XII. REPORTS
A. Mayor Cochran reported that the Town is fortunate to have Mr. Chinault.
B. Deputy Mayor Bogert had no report.
C. Councilman Benevente agreed with the Mayor.
D. Councilman Fischer had no report.
E. Councilman Kostro was not present.
XIII. ADJOURNMENT
The meeting was adjourned at 7:35 PM.
TOWN OF INDIALANTIC
______________________
Robert L. Cochran, Jr.
Mayor
ATTEST:____________________
Laura Eaton, CMC
Town Clerk