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

Brevard County, Florida 32903

REGULAR TOWN COUNCIL MEETING

February 18, 2003 Town Hall

MINUTES NO. 03-05

 

MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 18, 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

 III.    APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT  

– filed by Charles and Patricia Tanner, 126 Michigan Avenue, appealing the decision to deny a variance to Code Section 17-121(4) – the minimum lot area of any lot shall be 10,000 sq. feet; and 17-121(5)(b) – the minimum dimension of any lot shall be width at building line, 100 feet

Attorney Gougelman gave background explaining that this is a new hearing and that the burden of proof is on the applicant.

 Patricia Tanner, 126 Michigan Ave., explained that she had purchased her home in 1985 and eight years later bought the adjacent 130’ x 50’ lot.  She indicated that her intent was now to build a home on that lot and was only prevented from doing so because she owns the abutting property.

 In response to a question from Mayor Trott, Ms. Tanner stated that she was aware of the building requirements when she bought the lot.  She also advised that the lots had never been combined for tax purposes.

 Attorney Gougelman listed the following exhibits to be entered into the record: 

1.         Printout from the tax appraiser’s record showing title to lot 19 in the names of Charles R. and Patricia R. Tanner, husband and wife

2.         Map showing the location of the lot

3.         Appeal letter from Ms. Tanner

4.         Board of Adjustment minutes from January 30, 2003

5.         Variance application

6.         Survey of lot 19

7.         Resolution 00-05

8.         Copy of the Suplee decision

 Attorney Gougelman pointed out that the Suplee decision factually is very different from this case because it is based on no common ownership.

Ms. Tanner stated that she believed the intent of the resolution was to prohibit dividing lots and building two houses.

 A chain of title search on lot 19, block 62 prepared by Precise Title Inc. submitted by Ms. Tanner was also entered into the record.

 In response to a question from Councilman Cook, Attorney Gougelman clarified that having separate tax bills is different than having common ownership.

 The following members of the public spoke against granting the appeal:

         Scott Bell, 1001 S. Shannon Ave.

        Karen Osterbloom, 411 12th Ave.

        Colin Campbell, owner of property on 1st Ave.

        Scott Smith, 321 7th Ave.

 Councilman McCabe moved to uphold the decision of the Board of Adjustment denying the variance.  Councilman Benevente seconded.

 Results of a roll call vote were:  Councilman McCabe “aye”; Councilman Cook “aye”; Councilman Benevente “aye”; Deputy Mayor Bogert “aye” and Mayor Trott “aye.”  Motion carried unanimously.       

IV.     PUBLIC

Robert Carty, 141 Miami Ave., reported on light fixtures removed from the right-of-way in front of his property by Public Works and thought that such items were allowed under the fence ordinance.

 Mayor Trott noted that there are inconsistencies concerning this issue that need to be addressed.

 Ray DiZefalo, 141 Tampa Ave., requested that everyone speak up in order to be heard.

Scott Smith noted problems with speeding traffic on Sixth, Seventh and Eighth Avenues.  Councilman Cook commented that the Council plans to do comprehensive research on traffic within the Town.

Roger Wernow, 505 N. Miramar, expressed concern with noise from a street sweeper in the parking lot of the Indialantic Shopping Center in the middle of the night.

The Town Manager stated that he would speak to the owner of the shopping center concerning the disturbance.

V.        PUBLIC ANNOUNCEMENTS

           The Town Clerk read the following announcements:

 A.        There are currently openings on the Board of Adjustment, the General Employees’ Pension Board and the Police/Fire Pension Board

 B.        There will be an opening on the Board of Adjustment and the Zoning and Planning Board in March 

C.        The Parks/Recreation/Beautification Committee is accepting applications for new members

            VI.         CONSENT AGENDA 

 A:   Minutes No. 03-04 – Regular Meeting – January 21, 2003

 

B.     Approval of Public School Facility Planning Interlocal Agreement

 

C.       Resolution 03-03 – Authorizing the Town Manager to record a Satisfaction of Lien whenever Code Enforcement Board liens have been satisfied

 

D.       Resolution 03-04 – Requesting that the Florida Legislature oppose efforts to amend the existing law regarding documentary stamp tax revenues for beach preservation and repair

Councilman Benevente moved to approve the Consent Agenda.  Councilman Cook seconded.  Motion carried unanimously.

             VII.      APPOINTMENTS

 A.     Board of Adjustment – One opening. Robin Petersen would like to be reappointed.  Application received from Laura Lewandowski

 Ms. Lewandowski, 125 Eighth Ave., addressed the Council.

 Councilman Cook moved to approve Ms. Lewandowski’s appointment.  Mayor Trott seconded.  Motion carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman Cook voting “yes.”  Councilman McCabe voted “no.”

    B.     General Employees’ Pension Board – Two openings.  Application received from Gerald Kowalski

Councilman Benevente moved to appoint Mr. Kowalski.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

   C.     Police/Fire Pension Board – One opening.  Application received from Gerald Kowalski

 Councilman Cook moved to appoint Mr. Kowalski.  Councilman Benevente seconded.  Motion carried unanimously. 

         VIII.      ORDINANCES AND RESOLUTIONS

 A.   Ordinance 03-03 – Amending Section 17-30 and 17-31 to provide for the Brevard County School Board to appoint a non-voting member to the Zoning and Planning Board/Local Planning Agency

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

        2.Public hearing and adoption on first reading

Town Manager Chinault advised that the ordinance complies with the Interlocal Agreement for Public School Planning Facilities and provides that a representative of the School Board attend local planning agency meetings that consider comprehensive plan amendments and rezonings that would increase residential density.

     It was the consensus of the Council that a resident of the Town should be appointed by the School Board.

     The following people spoke on the ordinance: 

                   Lillian Ramey, 230 Third Avenue

                   John B. MacNeill, 1320 S. Riverside Drive

                   Ray DiZefalo, 131 Tampa Avenue

Attorney Gougelman advised that the appointment is required by state law.  He stated that he would further research the statute prior to the second hearing and suggested the following language to be added to Section 17-30(1):

 “To the extent reasonably possible, the School Board shall seek to appoint a Town resident as its School Board representative.”

  Councilman McCabe moved to approve the ordinance with the amended language.  Councilman Benevente seconded.  Motion carried unanimously.

            B.Ordinance 03-04 – Amending Sections 6-30(c)(1) and 11-9 - Deleting provisions to appeal variance decisions to the Board of Adjustment consistent with Ordinance 03-01

1.First reading – by title only

   The Town Clerk read the ordinance by title only.

2.Public hearing and adoption on first reading

                    There were no public comments.

Councilman Benevente moved to approve Ordinance 03-04.  Deputy Mayor Bogert seconded.  Motion carried unanimously.

 C.   Ordinance 03-05 – Amending Sections 17-88 and 17-127(16) – Clarifying the definition of “breezeway” requirements in the “T” Tourist District

1.First reading – by title only

   The Town Clerk read the ordinance by title only.

2.Public hearing and adoption on first reading

                  There were no public comments. 

                   Councilman Cook moved to approve the ordinance.  Deputy Mayor Bogert seconded. 

                   Councilman Cook advised that the ordinance was requested due to confusion in the interpretation of the breezeway requirements, noting that it is only a clarification of the existing ordinance eliminating any ambiguities.

                    In response to a question from Councilman McCabe, Attorney Gougelman advised that the effect of the ordinance is to require a breezeway from A1A to the ocean regardless of lot configuration or ownership.

                    The motion to approve Ordinance 03-05 on first reading carried unanimously.

               IX.       UNFINISHED BUSINESS

 A.        Discussion and possible action regarding Council’s goals and objectives for 2003 

The Town Manager presented a summary of the goals and objectives previously submitted by  the Council.  

Deputy Mayor Bogert moved to approve the goals and objectives as presented.  Councilman Cook seconded.  Motion carried unanimously.

                   X.      NEW BUSINESS

        XI.    ADMINISTRATIVE MATTERS  

A.     Report from Town Manager
               Statistical Reports – January 2003 

                B.    Report from Town Attorney
                          The Town Attorney had no report.

              XII.    REPORTS

 

A.        Mayor Trott had no report.

B.         Deputy Mayor Bogert had no report. 

C.        Councilman Benevente reported on the upcoming Summit meeting, the Space Coast League of Cities meeting and Legislative Action Day April 2.  Councilman Benevente also announced that volunteers are needed for the Easter Egg Hunt scheduled for April 12.                       

D.        Councilman Cook requested that the Council consider a change to the code allowing dogs in the non-beach parks.  Councilman Cook also suggested a standard time for all town meetings. 

E.         Councilman McCabe announced his next citizen meeting in Sunrise Park and reported that he had attended a Brevard County traffic safety session and Brevard County Water Advisory Board meeting.

 

           XIII.    ADJOURNMENT

                 The meeting was adjourned at 8:40 pm.

                                                                                      TOWN OF INDIALANTIC

______________________
 Daniel S. Trott,
 Mayor

ATTEST:____________________

               Laura Eaton, CMC
               Town Clerk