TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
November 19, 2002 Town Hall
MINUTES NO. 03-02
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON NOVEMBER 19, 2002.
PRESENT:Hon. Bruce Bogert, Deputy Mayor
Hon. Vince Benevente, Councilman
Hon. Mike Fischer, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Laura Eaton, Town Clerk
ABSENT:Hon. Robert L. Cochran, Jr., Mayor (excused)
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
Deputy Mayor Bogert called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
III. UNFINISHED BUSINESS
A. Minutes No. 03-01 – Regular Meeting – October 15, 2002
Councilman Benevente moved to approve Minutes No. 03-01. Councilman Fischer seconded. Motion carried unanimously.
B. Discussion and possible action regarding a positive salary adjustment for the Town Manager
Councilman Fischer moved to approve the amendment to the Town Manager’s employment agreement providing for a 5% salary increase. Councilman Benevente seconded. Motion carried unanimously.
IV. RECOGNITION OF COUNCIL
Mr. Chinault recognized the service of Councilman Vic Kostro, Councilman Mike Fischer and Mayor Robert L. Cochran Jr.
V. OATH OF OFFICE
Attorney Gougelman administered the Oath of Office to Mayor Daniel S. Trott, Councilman Mike McCabe and Councilman Cliff Cook.
VI. ELECTION OF DEPUTY MAYOR
Mayor Trott nominated Bruce Bogert to continue as Deputy Mayor. Councilman McCabe seconded. Motion carried unanimously.
VII. 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
The Town Manager advised that he had received a call from Mrs. Johnson requesting that the public hearing be continued due to an unforeseen emergency.
Attorney Gougelman advised that granting a continuance was at the Council’s discretion.
It was noted that this is the second request for a continuance.
Mayor Trott moved to continue the appeal to the December 17, 2002 meeting. Councilman Cook seconded. Motion carried with Mayor Trott, Deputy Mayor Bogert and Councilman Cook voting “aye.” Councilman Benevente and Councilman McCabe voted “no.”
John B. MacNeill, 1320 S. Riverside Dr., on behalf of Carol Andren, thanked everyone who participated in the 50th Anniversary celebration and proposed the idea of establishing a Heritage Committee.
Councilman Benevente complimented the steering committee on their efforts.
Councilman Cook commented on the good turnout despite the weather and suggested continuing the event on a yearly basis.
George Gergora, 316 Deland Ave., suggested that the Council listen to the tape of the Board of Adjustment meeting before hearing Mr. Johnson’s appeal.
IX. PUBLIC ANNOUNCEMENTS
A. There are currently openings on the Board of Adjustment and the Zoning and Planning Board
B. There will be openings on the Zoning and Planning Board, Board of Adjustment, Budget and Finance Committee, Code Enforcement Board and Police/Fire Pension Board in December
C. Town Hall will be closed November 28 and 29 for Thanksgiving
X. CONSENT AGENDA
Councilman Benevente moved to approve Resolution 03-01. Deputy Mayor Bogert seconded. Motion carried unanimously.
A. Zoning and Planning Board – One opening. Michael Melhado would like to be reappointed
Deputy Mayor Bogert moved to reappoint Mr. Melhado. Councilman Cook seconded. Motion carried unanimously.
B. Board of Adjustment – Two openings. Application received from Mike Fischer
Mayor Trott announced that additional applications had been received and that he preferred to defer appointment to the next meeting.
Deputy Mayor Bogert suggested voting on Mr. Fischer at this time.
Mayor Trott moved to defer the appointment to the December 17, 2002 meeting. Councilman Cook seconded. Motion carried with Mayor Trott, Councilman Benevente, Councilman Cook and Councilman McCabe voting “aye.” Deputy Mayor Bogert voted “no.”
C. Mayor’s appointments
Mayor Trott made the following appointments:
1. Space Coast League of Cities – Councilman Benevente; alternate – Councilman Cook
Space Coast League of Cities Intergovernmental Committee – Councilman Cook
2. Brevard County Water Supply Board – Councilman McCabe
3. South Beaches Coalition – Councilman Cook; alternate – Councilman Benevente
4. Indian River Lagoon Scenic Highway Coalition – Ray DiZefalo
Deputy Mayor Bogert moved to ratify the appointments. Councilman Benevente seconded. Motion carried unanimously.
A. Ordinance 02-23 – Amending Section 17-91 – Accessory structures – to include exemptions for certain play apparatus
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman McCabe moved to discuss the ordinance. Deputy Mayor Bogert seconded.
Councilman McCabe explained that he had researched the issue and felt that there were already enough regulations in the Code to restrict play apparatus.
Attorney Gougelman provided background on the particular request and pointed out that the ordinance is an attempt to prohibit large play apparatus in residential districts. Attorney Gougelman maintained that the existing structure may be grandfathered but still should have had a permit.
Councilman McCabe cited Code Sec. 17-121 regarding accessory structures that the subject apparatus appears to violate.
Councilman McCabe moved to deny Ordinance 02-23. Councilman Cook seconded.
Councilman Cook stated that he did not want to restrict normal sized swing sets.
The following spoke against the ordinance:
Gerry Gonsalves, 431 3rd Ave.
Rosemarie Copeland, 100 8th Ave.
It was clarified for George Gergora that the Zoning and Planning Board had reviewed and recommended the ordinance.
Motion to deny Ordinance 02-23 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 McCabe moved to discuss the ordinance. Deputy Mayor Bogert seconded.
Councilman McCabe expressed concern with too much concrete and recommended increasing the required landscaped area.
The Town Manager clarified that this ordinance would affect only new construction and major renovation.
It was clarified for Gerry Gonsalves that this would not affect residential districts.
Deputy Mayor Bogert moved to approve Ordinance 02-24. Councilman Cook seconded. Motion carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman Cook voting “yes.” Councilman McCabe voted “no.”
XIII. NEW BUSINESS
A. Approval of Capital Improvement Project (CIP) budget for FY 04 through FY 08 and current fiscal year
Mr. Chinault presented the CIP budget and explained the FRDAP process and requirements.
In response to a question from Councilman Cook, Mr. Chinault explained the special assessments for the 4th Ave. reconstruction. Mr. Chinault also explained the purpose of widening 4th Ave. and the effect on business parking.
Councilman Cook moved to approve the CIP minus the 4th Ave. improvements. Councilman McCabe seconded.
The following members of the public spoke against special assessments and the 4th Ave. improvements:
Judith Spedding, 129 Ormond Ave.
Louis Postma, 112 4th Ave.
Dr. Ed Fleming, 322-330 4th Ave.
Richard Hunter, 225 Melbourne Ave.
Scott Bell, 1005 S. Shannon Ave.
The motion to approve the CIP minus the 4th Ave. improvements passed unanimously.
B. Approval of contract with Brewer Paving and Development, Inc. in the amount of $25,000 for the Riverside Drive turn lane retaining wall and sidewalk
The Town Manager gave background on the turn lane at Riverside Dr. and US 192 and advised that the work would be funded by FDOT through the JPA.
Councilman Benevente moved to approve the contract with Brewer Paving. Deputy Mayor Bogert seconded. Motion carried unanimously.
C. Discussion and possible action regarding code enforcement resolution at 1010 Wavecrest Avenue
Mr. Chinault provided background on the violation and possible relief through engaging a firm to correct the violation and placing a lien on the property for the money expended.
Councilman McCabe moved that this item be tabled to the December 17, 2002 meeting. Councilman Cook seconded. Motion carried unanimously.
Scott Bell stated that there are a group of citizens willing to help the property owner resolve the problem.
D. Discussion and possible action regarding amending the procedure to appeal decisions of the Board of Adjustment (Requested by Councilman Benevente)
Councilman Benevente reported that Indialantic is the only municipality in Brevard County that allows the Council to hear appeals from the Board of Adjustment. He felt that the Boards are competent and appeals should be heard in the circuit court.
Councilman Cook stated that the Boards have the expertise and guidance to make the best decisions and that the Council should not overturn those decisions.
Mayor Trott brought up that the cost to the citizen to appeal through the courts may make it prohibitive.
Councilman Cook clarified that the citizens now have the right to appeal a Council decision through the courts.
Attorney Gougelman reported that it had not been unusual for the Council to overturn decisions of the Board of Adjustment.
Councilman Benevente moved to request that an ordinance be drafted to take variance appeals to the court system. Councilman Cook seconded.
The following members of the public spoke:
Teresa Dyer, 130 8th Ave.
Rosemarie Copeland
Ken Broome, 510 N. Riverside Dr.
Louis Postma
Attorney Gougelman explained the Town’s involvement and the process for appealing to the court.
The motion to draft an ordinance taking appeals to the court passed with Deputy Mayor Bogert, Councilman Benevente and Councilman Cook voting “aye.” Mayor Trott and Councilman McCabe voted “no.”
Attorney Gougelman clarified that the ordinance would have to go before the Zoning and Planning Board for a finding of consistency with the Comprehensive Plan and before the Council for two public hearings.
E. Discussion and possible action regarding the expenditure of $128 for a joint summit between the Board of County Commissioners and municipalities (Requested by Councilman Benevente)
Councilman Benevente gave background on the summit.
Councilman Cook moved to deny the expenditure. There was no second.
Councilman Benevente moved to approve the expenditure. Mayor Trott seconded. Motion carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman McCabe voting “aye.” Councilman Cook voted “no.”
XIV. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – October, 2002
Mr. Chinault gave an update on Lily Park and reported that the play equipment in Nance Park is being replaced under warranty.
XV. REPORTS
A. Mayor Trott had no report.
B. Councilman Benevente passed out information from the League of Cities Legislation Action Day and reported that the Space Coast League of Cities’ Christmas dinner will be the second Monday of December.
C. Councilman Bogert thanked the 50th Anniversary Committee for an impressive event and encouraged that it be ongoing. He also recommended that the Town Manager’s evaluation be scheduled closer to his anniversary date.
D. Councilman Cook also commented on the success of the 50th Anniversary celebration and supported making the anniversary an annual event.
E. Councilman McCabe thanked all the voters for turning out and the 50th Anniversary Committee. Mr. McCabe also requested that an easel be available at Town meetings, that the Town address the feral cat situation and that the Council review Code Sec. 17-159 regarding non-conforming structures.
Judith Spedding thanked Loren Strand, an Indialantic resident, for taking over the Halloween party and encouraged more citizens to get involved.
XVI. ADJOURNMENT
The meeting was adjourned at 8:55 PM.
TOWN OF INDIALANTIC
______________________
Daniel S. Trott
Mayor
ATTEST:____________________
Laura Eaton, CMC
Town Clerk