TOWN OF INDIALANTIC
Brevard County, Florida 32903
January 20, 2004 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL
MEETING HELD IN THE INDIALANTIC TOWN HALL ON JANUARY 20, 2004.
PRESENT
Hon. Daniel S. Trott, Mayor
Hon. Vince Benevente, Deputy Mayor
Hon. Bruce Bogert, 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
have 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. PUBLIC
George Gergora, 316 Deland Ave., presented two recommendations from the homeowners’ meeting – 1) applicants to the Board of Adjustment must have served at least one year on the Zoning Board and 2) that the Zoning Board should review all building applications.
Linda Paige, 1419 S. Riverside Dr., proposed that the Code Enforcement Board hold a public workshop to address resident concerns with code violations and that a list of common codes be distributed to all residents.
Nancee Hay clarified that the Homeowners’ Association includes such a list in its hand-out to new residents.
John B. MacNeill, President of the Homeowners’ Association, advised that the information will be included in their May newsletter.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Zoning and Planning Board, Board of Adjustment, and the Budget and Finance Committee
B. There will be openings on the Board of Adjustment, Budget and Finance Committee and Zoning and Planning Board in February
V. CONSENT AGENDA
A. Minutes No. 04-03 – Regular Meeting – December 16, 2003
B. Approval of Budget Adjustment #1
Deputy Mayor Benevente
moved to adopt the Consent Agenda. Councilman Bogert seconded.
Motion carried unanimously.
VI. APPOINTMENTS
A. Board of Adjustment – Two openings. Application received from Dayle Ewald
Dayle Ewald, 145 10th, stated that she would serve wherever needed most.
Deputy Mayor Benevente pointed out that her experience might best serve the Budget and Finance Committee and recommended her for that appointment.
Mayor Trott recommended that Ms. Ewald also be appointed to the Zoning Board.
Mayor Trott moved that Ms. Ewald be appointed to the Budget and Finance Committee and the Zoning and Planning Board. Councilman Bogert seconded. Motion carried unanimously.
B. Budget and Finance Committee – Two openings. Orlando Brillante would like to be reappointed. Application received from Dayle Ewald
Ms. Ewald was previously appointed to the Committee.
Deputy Mayor Benevente
moved to reappoint Orlando Brillante. Councilman Bogert seconded.
Motion carried unanimously.
C. Zoning and Planning Board – Three openings. Tom Kleving would like to be reappointed.
Councilman Bogert moved to reappoint Mr. Kleving. Deputy Mayor Benevente seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance 04-04 – Clarifying Section 8-5(b) – Commercial trash requirements
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Deputy Mayor Benevente moved to adopt Ordinance 04-04. Councilman Cook seconded.
There were no public comments.
Motion to adopt Ordinance 04-04 carried unanimously.
B. Ordinance 04-05 – Relating to stormwater runoff
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Councilman McCabe moved to adopt Ordinance 04-05. Councilman Cook seconded.
Councilman McCabe received clarification from Town Engineer Scott Glaubitz on the inspection process.
Motion to adopt Ordinance 04-05 carried unanimously.
C. Ordinance 04-06 – Amending 15-18.1(j)(2)(E)(i) – Amending the rate for parking space use agreements
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
In response to a question from Deputy Mayor Benevente, Attorney Gougelman stated that he saw no conflict of interest in the described situation.
The Town Manager gave background on the use agreements and stated that the changes were in response to Council’s action at the previous meeting.
In response to a question from Councilman Cook, Mr. Chinault clarified that Ocean View Diner does have on site parking which is a distinction from the other two businesses.
Councilman McCabe moved to adopt Ordinance 04-06. Motion died for lack of a second.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A.
Discussion and possible action regarding portable storage units – requested by
Deputy Mayor Benevente
Deputy Mayor Benevente reported on seeing several PODs located throughout Town
and subsequently learned that the Town Code does not address them. He
recommended that Council include some restrictions in the Code.
The Town Manager reported that staff, the Zoning and Planning Board and Town
Planner had previously come up with some recommendations that were included in
the packets.
Deputy Mayor Benevente moved to direct staff to prepare an ordinance for
further consideration. Councilman Bogert seconded.
Councilman Cook received clarification that PODs are not in the same category
as trailers.
Council discussed the proposed recommendations.
John B. MacNeill suggested adding a requirement to remove PODs when the area is
under a hurricane watch.
It was clarified for Dayle Ewald that the prior Building Official had
done a survey and found no other codes in the county area regulating PODs.
Attorney Gougelman stated that the Planning Board needs to define PODs, address
the hurricane issue and come up with a practical and acceptable amount of time
to be permitted.
Councilman Bogert suggested looking at differences for commercial and
residential zones.
Shelia Trott, 211 8th Ave., questioned if rolloff dumpsters were
similar and if the code addressed such things as time limits and removal during
a hurricane watch for these.
Shannon Watson, 313 7th Ave., suggested different regulations
depending on how the PODs were being used.
Motion to prepare an ordinance passed unanimously.
B.
Discussion and possible action regarding a letter of support for the St. Johns
River Water Management water resource project grant application
The Town Manager gave background and stated he will draft a letter of support
if Council so desires.
Councilman McCabe, as a member of the Water Advisory Board, provided additional
background.
Council took no action at this time.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – December 2003
B. Report from Town Attorney
Attorney Gougelman had no report.
XI. REPORTS
A. Mayor Trott had no report.
B. Deputy Mayor Benevente announced the next League of Cities meeting and noted that the League’s Executive Committee would be meeting January 25th.
C. Councilman Bogert recommended that Mr. Gergora’s suggestions be put on the February agenda.
D. Councilman Cook reported that a new resident had commended Fire/Rescue for responding to a recent call within 90 seconds.
E. Councilman McCabe thanked the Town Manger for providing xeriscaping information. He also reported that he had met with the volunteer fire department and reminded residents of the importance of visible house numbers. He announced his next neighborhood meeting and the Water Board meeting.
XII.ADJOURNMENT
The meeting was adjourned at 8:05 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
ATTEST:________________________ Mayor
Laura Eaton, CMC
Town Clerk