TOWN OF INDIALANTIC
Brevard County, Florida 32903
February 17, 2004 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON FEBRUARY 17, 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
Ray
DiZefalo, 141 Tampa Ave., remembered Les Barlow and recommended that Riverside
Park be renamed in his honor.
John B. MacNeill, 1320 S. Riverside Dr., suggested that the
council photographs be digitized in order to be preserved.
IV. PUBLIC
ANNOUNCEMENTS
The Town Clerk read the following announcements:
A.
There are currently openings on the Zoning and Planning Board and the Board of
Adjustment
B.
There will be an opening on the Zoning and Planning Board in March
V.CONSENT AGENDA
A. Minutes No. 04-04 –
Regular Meeting – January 20, 2004
B.
Approval of lifeguard agreement with Brevard County for 2004
C.
Approval of parking meter use agreement for Bizzarro’s for April 1, 2004
through December 31, 2004
D.
Approval of parking meter use agreement for Shagg’s for April 1, 2004 through
December 31, 2004
E.
Approval of County/Town disbursement agreement for TIFT monies for the Magnolia
Drive walkway connector
Deputy Mayor
Benevente moved to approve the Consent Agenda. Councilman Bogert
seconded. Motion carried unanimously.
Mayor Trott
moved New Business to be addressed at this point.
IX. NEW BUSINESS
A.
Discussion and possible action regarding adopting a policy that persons
appointed to the Board of Adjustment be required to have previously served a
minimum of 1 year on the Zoning and Planning Board – requested by Councilman
Bogert
Councilman Bogert explained that this action was prompted by comments from
several members of the community and he felt Council should discuss it.
Councilman
Bogert moved that appointees to the Board of Adjustment have at least one
year’s experience on the Zoning and Planning Board or Code Enforcement
Board. Deputy Mayor Benevente seconded.
Mayor Trott advised that he had checked with other cities and none impose such
a requirement. He cautioned that this restriction might limit the
available candidates.
Deputy Mayor Benevente spoke in favor of those appointed to the Boards
having some related experience.
Councilman Cook felt it should be a recommendation, not a requirement.
In response to a question from Councilman McCabe, Attorney Gougelman clarified
how the board terms had been determined and advised that Council has the
ability to change all but the Code Enforcement Board which is determined by
state statute.
The following members of the public spoke on the issue:
George
Gergora, 316 Deland Ave.
Lillian Ramey, 230 Third Ave
Laurie Rusinko, 444 10th Ave
John B. MacNeill
Scott Smith, 321 7th Ave.
Councilman Bogert withdrew his previous motion and moved to adopt an informal
policy that experience on the Zoning and Planning Board or Code Enforcement
Board is recommended before appointment to the Board of Adjustment.
Deputy Mayor Benevente seconded.
Following a question from Deputy Mayor Benevente, Shannon Watson, 313 7th
Ave., gave her qualifications for the open board positions.
Motion carried unanimously.
B. Discussion and possible action regarding
Council goals and objectives for 2004
It was the consensus of Council to continue this item to the March meeting.
VI.APPOINTMENTS
A.
Board of Adjustment – Three openings. Laura Lewandowski would like to be
reappointed. Application received from Shannon Watson
Councilman Bogert moved to reappoint Ms. Lewandowski. Councilman Cook
seconded. Motion carried unanimously.
B. Zoning and Planning
Board – One opening. Application received from Shannon Watson
Councilman Cook moved to appoint Ms. Watson. Deputy Mayor Benevente
seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance 04-02 –
Amending Sec. 17-106.3(5) – Political signs
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2.
Public hearing and adoption
The Town Manager gave background and reported
that, while the Zoning Board did not find the ordinance consistent with the
Comprehensive Plan, the Town Planner did. Based on advice from the Town
Attorney, Mr. Chinault stated that he felt that the ordinance is in the Town’s
best interest.
Deputy Mayor Benevente moved to adopt Ordinance
04-02. Councilman Cook seconded.
Attorney Gougelman addressed the issue of
requiring signs to be removed after elections.
John B. MacNeill clarified the Zoning Board’s position.
In response to a question from George Gergora, Attorney Gougelman stated that
the courts have upheld that the size and number of signs can be regulated, but
not content.
Motion to adopt Ordinance 04-02 carried with Mayor Trott, Deputy Mayor
Benevente, Councilman Bogert and Councilman Cook voting “yes.” Councilman
McCabe voted “no.”
B. Ordinance 04-05 –
Relating to stormwater runoff
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
The Town Manager gave background.
Councilman Bogert moved to adopt Ordinance 04-05. Councilman McCabe
seconded.
Ray DiZefalo
spoke in favor of the ordinance.
Motion carried
unanimously.
C.
Ordinance 04-07 – Creating a new section 17-116 regulating temporary portable
storage units
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
The Town Manager gave background and pointed out the addition, since the
packets were distributed, of subsection 9 dealing with hurricanes.
Deputy Mayor Benevente moved to adopt Ordinance 04-07. Councilman Cook
seconded.
The Council agreed to allow the use of a second POD unit at the discretion of
the Town Manager.
Deputy Mayor Benevente amended the motion to include re-working the language
concerning the second unit by the Town Attorney and Town Manager.
Councilman Cook accepted the amendment.
The following members of the public spoke on the issue:
Laurie Rusinko
Ray DiZefalo
Shannon Watson
Scott Smith
Motion carried unanimously.
VIII. UNFINISHED BUSINESS
X. ADMINISTRATIVE MATTERS
A. Report from Town
Manager
Statistical Reports – January 2004
The Town Manager also reported on the sea oats planted on the dunettes in Nance
and Sunrise Park.
Mr. Chinault also praised Officer Deschenes, backed up by Officer Tenpenney,
for apprehending a break-in suspect at the beach, gave an update on Detective
Connor’s shooting accident and advised that a community warning system alert
had been issued based on burglaries in the south part of town.
Police Chief Troy Morris further explained the situation and the community
alert program.
B.
Report from Town Attorney
Attorney Gougelman had no report.
XI. REPORTS
A. Mayor Trott advised that he had attended
Les Barlow’s memorial service and that the Town would be planting two
additional trees in Orlando Park in honor of the Barlows.
Deputy Mayor Benevente suggested renaming
Sunrise Park after Mr. Barlow and Council referred this to the Parks Committee.
B. Deputy Mayor Benevente requested that
the Council issue a letter of support for Attorney Gougelman’s nomination as
the Space Coast League of Cities Attorney of the Year and announced the upcoming
Legislation Action Day April 14 and the Space Coast League of Cities meeting
March 8.
C. Councilman Bogert supported a
substantial and meaningful tribute to Les Barlow.
D. Councilman Cook reported on the South
Beaches Coalition meeting and indicated that the Indialantic Rotary Club
would like to meet with the Parks, Recreation, Beautification Committee to
coordinate their 100th Anniversary activities at Nance Park.
E.
Councilman McCabe announced his next neighborhood meeting and gave an update
from last month’s Water Board meeting.
XII. ADJOURNMENT
The meeting was adjourned at 8:40 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott, Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk