TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
January 21, 2003 Town Hall
MINUTES NO. 03-04
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 21, 2003.
PRESENT:Hon. Daniel S. Trott, Mayor
Hon. Bruce Bogert, Deputy Mayor
Hon. Vince Benevente, Councilman
Hon. Cliff Cook, Councilman
Hon. Mike McCabe, 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 Trott called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
A. Florida Institute of Technology - presentation of deed for expansion of Lily Park
Carey Gleason, FIT Director of Community and Government Relations, presented the deed donating approximately 3,500 square feet adjacent to Lily Park to Mayor Trott.
Mayor Trott thanked FIT on behalf of the Town.
B. Others
Karen Turja, 303 Melbourne Ave., requested that door-to-door solicitation be limited to daylight hours only. Attorney Gougelman suggested the option of posting “no soliciting” signs.
Ms. Turja also requested that an unlicensed assisted living facility across the street from her home be addressed and the ordinance be made stricter.
The Town Manager gave background and will review the ongoing problem with the Town Attorney.
Carol and Carl Andren, 906 S. Ramona Ave., donated a painting of the Tradewinds Hotel commissioned by Melvin Hale and painted by artist Sigi Oberlander to the Town.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Zoning and Planning Board, the Budget and Finance Committee, the General Employees’ Pension Board and the Police/Fire Pension Board
B. There will be an opening on the Board of Adjustment in February
V. CONSENT AGENDA
A. Minutes No. 03-03 – Regular Meeting – December 17, 2002
B. Approval of Public School Facility Planning Interlocal Agreement
C. Resolution 03-02 – transferring the cable franchise to TWEAN Subsidiary, LLC
D. Proclamation – designation of Health Fair sponsored by Dr. Hancock as a civic affair
E. Bid award and contract approval for Douglas Park Seawall Repair to the low bidder, the Watauga Company, in the amount of $21,200
Councilman Benevente moved to approve the Consent Agenda. Deputy Mayor Bogert seconded. Motion carried unanimously.
A. Budget & Finance Committee – One opening. Orlando Brillante would like to be reappointed
Deputy Mayor Bogert moved to reappoint Mr. Brillante. Councilman Benevente seconded. Motion carried unanimously.
B. Zoning & Planning Board – Two openings. Thomas Kleving and Keith Mauter would like to be reappointed.
Deputy Mayor Bogert moved to reappoint Mr. Kleving and Mr. Mauter. Councilman Benevente seconded. Motion carried unanimously.
A. Ordinance 03-01 – Amending Sections 17-143, 17-144, and 17-145 relating to zoning variances; repealing Section 17-146 eliminating provisions for the appeal of variances from the Board of Adjustment to the Town Council
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 03-01. Deputy Mayor Bogert seconded.
George Gergora, 316 Deland Ave., spoke in favor of the ordinance, which he advised is also supported by the Homeowners’ Association.
Motion to approve Ordinance 03-01 passed with Deputy Mayor Bogert, Councilman Benevente, Councilman Cook and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
B. Ordinance 03-02 – Amending Section 17- 159 – Providing clarification as to what constitutes prohibited enlargement of a non-conforming use
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2.Public hearing and adoption
Councilman McCabe moved to approve Ordinance 03-02. Councilman Cook seconded.
Carl Andren received clarification on the setback of a second floor.
Motion to approve Ordinance 03-02 passed with Deputy Mayor Bogert, Councilman Benevente, Councilman Cook and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
VIII.UNFINISHED BUSINESS
A. Discussion and possible action regarding code enforcement resolution at 1010 Wavecrest Avenue (tabled at the November 19, 2002 and December 17, 2002 meetings)
Mayor Trott advised that the staff had recommended removing this item from the table and taking no action.
There was no objection.
B. Discussion and possible action regarding Council’s goals and objectives for 2003
Mayor Trott requested that Town staff combine the goals and present them at the next meeting for approval.
C. Discussion and possible action regarding traffic on South Shannon (requested by Mayor Trott)
Town Manager Chinault advised that staff had reviewed the situation and recommended placing stop signs on South Shannon at 8th Avenue and Melbourne Avenue. He explained that the situation will be monitored and if needed, other traffic calming measures can be considered.
Deputy Mayor Bogert moved to place stop sign at the two intersections as recommended. Councilman Benevente seconded.
Councilman Benevente inquired as to lowering the speed limit to 25 mph between the two stop signs.
Councilman McCabe advised that Florida statutes require a study and investigation concerning speed limits changes. He also advised that, according to the Municipal Uniform Traffic Control Board, stop signs should not be used for speed control.
Councilman McCabe suggested that the speed limit signs be enlarged to 24” x 30”.
The following members of the public spoke:
Sheila Trott, 211 8th Avenue
Teresa Dyer, 135 8th Avenue
John B. MacNeill, 1320 S. Riverside Drive
Councilman Cook recommended pursuing a grant for radar trailers and continuing the use of the police “dummy” on the causeway.
It was clarified for Councilman McCabe that BSE had done an analysis on where to place the stop signs.
Additional members of the public addressed the issue:
Lois Schissel, 440 10th Avenue
Scott Bell, 1005 S. Shannon Avenue
Carl Andren, 906 S. Ramona Avenue
Motion to approve installation of stop signs on South Shannon at 8th Avenue and Melbourne Avenue carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman Cook voting “yes.” Councilman McCabe voted “no.”
IX. NEW BUSINESS
A. Discussion and possible action regarding establishing a Heritage Committee (Requested by the 50th Anniversary Steering Committee)
Town Manager Chinault explained that the recommendation was a result of the interest generated by the 50th Anniversary celebration.
Deputy Mayor Bogert moved to establish a Heritage Committee. Councilman Benevente seconded.
Town Manager Chinault recommended that a separate committee be formed as opposed to creating a subcommittee of the Parks/Recreation/Beautification Committee.
Carol Andren, Chairman of the 50th Anniversary Steering Committee, recommended a small group meeting infrequently to file, sort and organize the materials on hand as a first step.
Sheila Trott, 211 8th Avenue, suggested combining an architectural review and heritage committee.
Motion to establish a Heritage Committee passed unanimously.
B. Discussion and possible action regarding amending Sec. 17-127(6) – side yard setbacks in the Tourist zone (Requested by Councilman McCabe)
Councilman Cook moved to draft an ordinance incorporating the proposed language. Councilman McCabe seconded.
Councilman McCabe explained that other towns have similar provisions and the ordinance would help protect the small town residential atmosphere of the area.
Town Manager Chinault explained that the ordinance would increase the side setback on interior lots to fifteen feet for buildings that are thirty-five feet in height.
Attorney Gougelman expressed concerns with the effect the change could have on existing construction should a building be damaged or destroyed by a fire or hurricane. He suggested that the Zoning and Planning Board consider that aspect closely.
Councilman Cook amended the motion to state that the proposed language be forwarded to the Zoning and Planning Board for review. Councilman McCabe seconded.
The following members of the public spoke:
Scott Smith, 321 7th Avenue
Louis Postma, 112 4th Avenue
Motion to forward the proposed revisions to Sec. 17-127(6) to the Zoning and Planning Board carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – December 2002
Town Manager Chinault added the following clarifications to his written report:
After consulting with the Department of Community Affairs, it was determined that play apparatus erected after 3/1/02 would require a permit and regulations are in process to deal with them as accessory structures
Six new speed limit signs have been installed on Palm Avenue
The signs for 8th Avenue restricting westbound traffic between Wavecrest and SR-A1A have been installed and directional arrows painted
A consultant with the SJRWM is forwarding information on xeriscaping
Attorney Gougelman had no report.
XI. REPORTS
A. Mayor Trott again thanked FIT and the Andren’s for their generous donations.
B. Deputy Mayor Bogert suggested that the Homeowners’ Association advertise the Indialantic Elementary reading program in their newsletter.
C. At Councilman Benevente’s request, Attorney Gougelman gave information concerning the upcoming county water meeting and an ordinance proposed by Commissioner Higgs. Councilman Benevente announced the summit meeting between the cities and County Commission on 2/21/03, Legislative Action Day 4/1 and 4/2/03 and the next League of Cities meeting 2/10/03.
D. Councilman Cook requested that the breezeway code be clarified by ordinance drafted by the Town Attorney.
E. Councilman McCabe thanked the Town Manager and Public Works for the ongoing swale work, announced that Indialantic Elementary is looking for volunteers for the reading program, announced that Bud’s Paperbacks is going out of business after 25 years and indicated that he will hold neighborhood meetings on the Sundays before the Council meetings.
XII. ADJOURNMENT
The meeting was adjourned at 8:25 PM.
TOWN OF INDIALANTIC
______________________
Daniel S. Trott
Mayor
ATTEST:____________________
Laura Eaton, CMC
Town Clerk