TOWN OF INDIALANTIC
Brevard County, Florida 32903
June 15, 2004 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JUNE 15, 2004.
PRESENT:
Hon. Daniel S. Trott, Mayor
Hon. Vince Benevente, Deputy Mayor
Hon. Bruce Bogert, Councilman
Hon. Cliff Cook, Councilman
Hon. Mike McCabe, Councilman
Suzanne Novak, Acting Town Attorney
Christopher W. Chinault, Town Manager
Barbara Brownlie, Deputy 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
Loren and Garbrielle Strand, 120 Ormond Ave., presented a written request for an interpretation of the Town Code pertaining to landscaping in the right-of-way. The matter was referred to the Town Manager.
Scott Smith, 321 7th Ave., raised the issue of proper public demeanor at meetings. Mr. Smith also urged the prohibition of the use of neon lighting on building perimeters.
IV. PUBLIC ANNOUNCEMENTS
A. There are currently openings on the Police/Fire Pension Board, General Employees’ Pension Board, Code Enforcement Board, and the Parks, Recreation and Beautification Committee
B. There will be openings on the Board of Adjustment and the Budget and Finance Committee in July
C. Town Hall will be closed Monday, July 5, 2004
V. CONSENT AGENDA
A. Minutes No. 04-08– Regular Meeting – May 18, 2004
B. Minutes No. 04-09 – Special Meeting – May 27, 2004
C. Extension of agreement with Hoyman, Dobson & Company, P.A. for audit services for FY-04 and FY-05
D. Authorization for Deputy Mayor Benevente to attend the Florida League of Cities’ 78th Annual Conference August 19-21, 2004 in Hollywood as the Town’s voting delegate
Councilman Bogert moved to approve the Consent Agenda. Councilman Cook seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Parks, Recreation, Beautification Committee – Marie Young would like to be reappointed
Deputy Mayor Benevente moved to reappoint Marie Young. Councilman Bogert seconded. Motion carried unanimously.
B. Code Enforcement Board – One opening. Application received from Keith Mauter
Councilman Cook moved to appoint Keith Mauter. Deputy Mayor Benevente seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Discussion and possible action regarding authorizing the Town Manager to approve temporary block closures for neighborhood parties (Requested by Deputy Mayor Benevente)
Deputy Mayor Benevente stated that this should be an administrative issue and moved to allow the Town Manager to authorize street closings for neighborhood parties. Councilman Bogert seconded.
Motion carried with Mayor Trott, Deputy Mayor Benevente, Councilman Bogert and Councilman McCabe voting “yes.” Councilman Cook voted “no.”
B. Discussion and possible action regarding asking the Zoning and Planning Board to review the possibility of allowing decorative fences in front yards in the C, C-1 and C-2 zoning districts (Requested by Councilman Bogert)
Councilman Bogert noted that some fences had been put up recently in violation of current regulations.
Councilman Bogert moved to request that the Zoning and Planning Board explore the conditions under which decorative fencing might be permitted in front yards in the C, C-1 and C-2 zoning districts. Councilman McCabe seconded.
Deputy Mayor Benevente requested that “decorative” be defined and that there be no deviation from that definition.
John B. MacNeill, 1320 S. Riverside Dr., Vice Chairman of the Zoning and Planning Board, received clarification that this would not be a code interpretation but new code language.
Motion carried unanimously.
C. Discussion and possible action regarding provisions relating to outdoor lighting (Requested by Councilman Cook)
Councilman Cook gave background on the issue and requested the Council revisit the ordinance not passed in 1999.
Councilman Cook moved to request that the Zoning and Planning Board re-review and update Ordinance 00-08. Councilman Bogert seconded.
Deputy Mayor Benevente raised the issues of Christmas lighting and enforcement.
Motion carried with Mayor Trott, Councilman Bogert, Councilman Cook and Councilman McCabe voting “yes.” Deputy Mayor Benevente voted “no.”
E. Discussion and possible action regarding amending the hours of operation for Douglas Park
The Town Manager explained that Douglas Park is open 24 hours a day and that the purpose of restricting the hours is to alleviate problems for businesses and residents and to provide the Police Department with a tool for enforcement.
Deputy Mayor Benevente moved to authorize the drafting of an ordinance to restrict the hours of operation for Douglas Park from 6 am to 9 pm. Councilman Cook seconded.
Council discussed the particular hours and the Town Manager advised this could be changed during the public hearings for the ordinance.
Deputy Mayor Benevente amended his motion changing the hours to 5 am to 9 pm. Councilman Cook accepted the amendment.
Phil Rouzer, 230 Deland Ave., favored longer hours of operation.
Pat Cozar, 305 N. Riverside Dr., spoke of kayaking in the early morning or late evening and suggested the park stay open until 11 pm.
Todd Deratany, 210 S. Shannon Ave., cited problems in the park after dark.
Sara Goodnight, 401 N. Riverside Dr., recommended a compromise of 5 am to 10 pm.
Motion to draft an ordinance restricting the hours of operation of Douglas Park from 5 am to 10 pm carried unanimously.
F. Discussion and possible action regarding amending the code to restrict open containers of alcoholic beverages in beach parks
The Town Manager explained that the Code currently prohibits consumption but not possession of open alcoholic beverage containers and that this cleans up the code.
There was no action.
G. Discussion and possible action regarding amending the code to restrict alcohol consumption and open containers of alcoholic beverages in Town parks
The Town Manager advised that there are no regulations in other parks throughout Town.
Councilman Bogert moved to draft an ordinance restricting alcohol consumption and open containers of alcoholic beverages in Town parks. Deputy Mayor Benevente seconded. Motion carried unanimously.
Councilman Bogert clarified that this applies to all parks.
H. Discussion and possible action regarding restricting the launching of boats and personal watercraft from parks abutting the Indian River
The Town Manager explained that, in answer to a resident’s concern, the Town Council is being asked to determine if some restriction is necessary.
Deputy Mayor Benevente, for discussion, moved to restrict the launching of boats from the town parks.
Motion died for lack of a second.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – May 2004
The Town Manager expounded on several items in his written report.
Councilman McCabe received clarification that Riverside Dr. would not be closed during construction of the lift station.
Sara Goodnight, owner of the property affected by the lift station construction, urged that the work be expedited and that Riverside Dr. be patched correctly.
Councilman Cook also requested noise abatement during the work.
B. The Town Attorney had no report.
XI.REPORTS
A. Mayor Trott had no report.
B. Deputy Mayor Benevente reported on the Florida League of Cities committee meeting and distributed a report on the legislative session.
C. Councilman Bogert had no report.
D. Councilman Cook thanked the Strands for their work with the Town and particularly the Halloween party. He supported the need to clarify the code concerning landscaping in the right-of-way.
E. Councilman McCabe announced his next neighborhood meeting at Douglas Park on July 18 and reported that the July Water Supply Board meeting had been cancelled.
Richard Buehn, 329 Second Avenue, received information concerning agenda postings and the web site.
Frank Gayden, 401 Michigan Ave., suggested revitalization of the entire landscaping code.
Patsy Oliphant, 305 N. Riverside Dr., recommended that sidewalks also be addressed in the landscaping review.
Phil Rouzer received clarification on the crosswalk markings along A1A.
XII. ADJOURNMENT
The meeting was adjourned at 8:00 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Barbara Brownlie
Deputy Town Clerk