TOWN OF INDIALANTIC
Brevard County, Florida 32903
August 19, 2003 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON AUGUST 19, 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 7:30 PM.
II.PLEDGE OF ALLEGIANCE
III.PUBLIC
Ron Campbell, 211 Deland Ave., thanked Mayor Trott for forwarding a copy of the letter sent to the Netherlands regarding the F16’s to be posted on the website and requested that any further correspondence be made part of the public record.
Mayor Trott advised that there was no direct response to his letter.
Scott Smith, 321 7th Ave., reported that the F16 situation had been on Netherlands TV. Mr. Smith also requested that the code concerning height and density restrictions be revisited.
Karen Turja, 303 Melbourne Ave., thanked Councilman Cook for initiating the state investigation of the assisted living facility on Melbourne Ave., reported that she has forwarded suggestions to the Zoning & Planning Board for review and requested the Council’s support.
John B. MacNeill, 1320 S. Riverside Dr., requested an update on a resident’s visit to Washington regarding the F16’s.
Mayor Trott advised that this was not an official action and he would need to contact that resident.
Kevin Zarcone, Wendy’s district manager, requested that the transient sign ordinance be reviewed.
Greg Soloway, owner of Paris in the City, 422 5th Ave., commented that the transient sign ordinance is restrictive.
IV.PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. The Parks/Recreation/Beautification Committee is accepting applications for new members
B. The Heritage Committee is accepting applications for new members
C. Qualifying dates for the November 4, 2003 election for Council Seat 1 (currently held by Deputy Mayor Bogert) and Council Seat 3 (currently held by Councilman Benevente) will be August 21 through September 4, 2003.
V.CONSENT AGENDA
A. Minutes No. 03-10 – Regular Meeting – July 15, 2003
B. Authorization for the Brevard Mosquito Control District to operate an aircraft over the Town to spray for mosquitoes
C. Approval of pay schedule for FY-04
D. Approval to declare a 1995 Ford Crown Victoria as surplus and authorization for the Town Manager to dispose of it
Deputy Mayor Bogert moved to approve the Consent Agenda. Councilman Benevente seconded. Motion carried unanimously.
VI.APPOINTMENTS
A. Parks/Recreation/Beautification Committee – Applications received from Beverly Goldner, Don Gust and Jackie Potts-Hendry
Councilman Benevente moved to approve the three appointments. Deputy Mayor Bogert seconded. Motion carried unanimously.
VII.ORDINANCES AND RESOLUTIONS
A. Ordinance 03-08 – Amending Sec. 15-20 – Parking, commercial vehicles, trailers or heavy vehicles
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
The Town Manager advised that Attorney Novack had clarified the previous confusion in the language.
Deputy Mayor Bogert moved to adopt Ordinance 03-08. Councilman Cook seconded.
Todd Deratany, 107 S. Riverside Pl., pointed out that “temporary” is not defined.
Scott Smith received clarification on lettering displayed on vehicles.
Councilman McCabe received clarification on enforcement from the Town Manager.
Motion to adopt Ordinance 03-08 carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman Cook voting “yes.” Councilman McCabe voted “no.”
B. Ordinance 03-10 – Extending the sunset provision regarding Sec. 13-3(e) – outdoor display in the C-2 District – to December 31, 2004
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 advised that the ordinance was an attempt to provide relief for smaller businesses and more time is necessary to review and evaluate it.
Deputy Mayor Bogert moved to adopt Ordinance 03-10. Councilman McCabe seconded. Motion carried unanimously.
C. Ordinance 03-11 – Amending Section 6-118 by adding a definition of lowest floor
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.
The Town Manager advised that this change was requested by the Department of Community Affairs to make the code consistent with state regulations.
Building Official Cathy Spafford pointed out that this ordinance clarifies language already in the code and will not pose a problem to pending projects.
Councilman Benevente moved to approve Ordinance 03-11. Deputy Mayor Bogert seconded. Motion carried unanimously.
VIII.UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Discussion and possible action regarding amendments to Code Section 17-132 – Outdoor cafes (Requested by the Zoning and Planning Board)
The Town Manager explained that Section (6)(b)- hours of operation - needs to be addressed before that provision sunsets at the end of the year. He added that Djon Pepaj, City Tropics Bistro, has also expressed concern with two other provisions – seating within 20’ of a highway and outdoor preparation of drinks.
Djon Pepaj, 1001 S. Riverside Dr., provided background on his concerns and offered suggestions.
It was the consensus of Council to incorporate the following changes into Code Sec. 132:
(2) – remove the 20’ restriction for seating
(12) – remove “drink”
(14) - delete
(6)(b) – extend provision regarding hours of operation for an additional year
Mr. Pepaj explained the steps his business has taken to alleviate any noise or disturbance complaints and control the trash.
The following members of the public spoke regarding outdoor cafes:
Scott Smith
Ken Turja, 303 Melbourne Ave.
Bob Barcus, 237 Fifth Ave.
Jim White, 1002 S Riverside Dr.
The recommended changes will be brought back in ordinance form in September.
B. Discussion and possible action regarding drainage improvements to the 100 block of Sixth Avenue
The Town Manager explained the flooding problem and the improvements being considered to alleviate it. He advised that there are remaining funds in the Fourth Ave. reserve account to cover the approximate $20,000 cost.
Councilman McCabe moved to approve the drainage improvements. Deputy Mayor Bogert seconded.
Councilman McCabe suggested considering an underground exfiltration system on the Town owned lot which will be paved for parking. The Town Manager agreed to discuss it further with the Town Engineer.
Scott Bell, 1005 S Shannon Ave., requested recourse for parking in the 100 and 200 block of Fourth Ave.
Dick Hunter, 225 Melbourne Ave., expressed concerns with removing parking and supported the drainage plan.
Motion carried unanimously.
C. Approval to make application for $50,000 in FRDAP funds to increase handicap accessibility in Sunset Park (no local match required) and adoption of Resolution 03-07
The Town Manager advised that Sunset Park improvements are part of the approved 5 year CIP and explained the proposed plans. He noted concerns of some neighboring residents.
The Town Clerk read the resolution by title only.
Deputy Mayor Bogert moved to not approve the application. Councilman Cook seconded.
Councilman Cook referred to the neighbors’ petition against the improvements and cited safety concerns.
Deputy Mayor Bogert recommended applying for a grant for Sunrise Park.
Councilman Benevente pointed out that the shoreline at Sunset Park needs to be stabilized.
Council suggested exploring other avenues for the shoreline.
The petition protesting the action was entered into the record.
Motion to deny a grant application for Sunset Park carried with Mayor Trott, Deputy Mayor Bogert, Councilman Cook and Councilman McCabe voting “yes.” Councilman Benevente voted “no.”
The Town Manager advised that the deadline for FRDAP grants is September 12 and requested that the CIP be amended to move Sunrise Park improvements to FY ’04 and that Resolution 03-07 be revised by replacing Sunset Park with Sunrise Park.
Deputy Mayor Bogert moved to approve the requested changes. Councilman Cook seconded. Motion carried unanimously.
D. Approval to make application for $50,000 in FRDAP funds to increase handicap accessibility in Nance Park (no local match required) and adoption of Resolution 03-08
The Town Clerk read the resolution by title only.
The Town Manager explained the proposed improvements.
Councilman Cook moved to approve the application and adoption of Resolution 03-08. Councilman Benevente seconded.
Scott Smith suggested including water fountains near the gazebos.
Motion carried unanimously.
X.ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – July 2003
Police Chief Troy Morris gave an update on recent crime activity and their resolution.
B. The Town Attorney had no report.
XI.REPORTS
A. Mayor Trott reported that the F16 situation is at an end.
B. Deputy Mayor Bogert had no report.
C. Councilman Benevente reported that Rep. Needelman has requested a meeting with the cities to address the issues of annexation, enclaves and fire works.
D. Councilman Cook had no report.
E. Councilman McCabe announced his next neighborhood meeting, thanked Sgt. Casey and Officer Tenpenny for their neighborhood watch meeting and passed on kudos from DOT to Mr. Chinault and Ron Cassedy. He also received clarification on the waste franchise agreement.
XII.ADJOURNMENT
The meeting was adjourned at 8:45 PM.
TOWN OF INDIALANTIC
______________________
Daniel S. Trott
Mayor
ATTEST:____________________
Laura Eaton, CMC
Town Clerk