TOWN OF INDIALANTIC
Brevard County, Florida 32903
July 20, 2004 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JULY 20, 2004.
PRESENT:
Hon. Daniel S. Trott, Mayor
Hon. Vince Benevente, Deputy Mayor
Hon. Bruce Bogert, Councilman
Hon. Mike McCabe, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Laura Eaton, Town Clerk
ABSENT:
Hon. Cliff Cook, Councilman (excused)
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
Jim Powers, 206 Ormond Ave., requested a summary of a meeting between the Town Manager and the Town Attorney relating to solid materials placed in the town right-of ways.
The Town Manager reported that he had met with the Town Attorney and that it was determined that wooden fence posts were considered a solid material.
The Town Manager provided background explaining that Mr. Powers had placed rocks in the right-of-way that were removed by Public Works because they were considered a hazard. Mr. Chinault clarified that the rocks were removed from Town property and not the homeowner’s.
Loren and Gabrielle Strand, 120 Ormond Ave., also requested clarification on landscaping in the right-of-way recommending that the ordinance clearly define the terms used, that a committee including residents be formed to deal with the enforcement process and that the Indialantic Record be used to educate the residents as to what is permissible.
Deputy Mayor Benevente requested that the Council review the code provisions at the August meeting.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Police/Fire Pension Board, General Employees’ Pension Board, Board of Adjustment and Budget and Finance Committee
B. There will be openings on the Civil Service Board in August
C. Qualifying dates for the November 2, 2004 election for Mayor, Council Seat 2 (currently held by Councilman McCabe) and Council Seat 4 (currently held by Councilman Cook) will be August 19 through September 2, 2004
V.CONSENT AGENDA
A. Minutes No. 04-10 – Regular Meeting – June 15, 2004
B. Approval to renew the contract with the Florida Department of Transportation for reimbursement for maintenance of non-paved portions of US-192 and SR-A1A
C. Approval of contract extension with Fertig’s Sharper Cuts, Inc. extending the service through September 30, 2005 at an annual cost of $23,340
D. Approval of contract extension with Apex Pest Control extending the service through September 30, 2005 at an annual cost of $3,180
E. Change of regular Council meeting date in September to September 14, 2004
F. Adoption of FY-05 budget calendar
G. Approval of agreement with States Attorney with regard to prosecution of Town Code violations
H. Approval of FRDAP agreement for Nance Park
I. Approval of FRDAP agreement for Sunrise Park
Deputy Mayor Benevente moved to approve the Consent Agenda. Councilman Bogert seconded.
Mr. Powers requested that the Council defer action on the June minutes until Councilman Cook is present to clarify the intent of the Town Manager’s meeting with the attorney.
Mayor Trott responded that this issue would be addressed at the August meeting.
Motion to approve the Consent Agenda passed unanimously.
VI. APPOINTMENTS
A. Board of Adjustment – One opening. Brian Dullaghan would like to be reappointed
Deputy Mayor Benevente moved to reappoint Brian Dullaghan. Councilman Bogert seconded. Motion carried unanimously.
B. Budget and Finance Committee – One opening. Jack Kish would like to be reappointed
Councilman McCabe moved to reappoint Jack Kish. Deputy Mayor Benevente seconded. Motion carried unanimously.
C. Heritage Committee – Jackie Potts-Hendry would like to be appointed
Deputy Mayor Benevente moved to appoint Jackie Potts-Hendry. Councilman Bogert seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A.Ordinance No. 04-10 – Amending the hours of operation for Douglas Park
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2.Public hearing and adoption on first reading
Deputy Mayor Benevente moved to approve Ordinance 04-10. Councilman Bogert seconded.
Gabrielle Strand received clarification on the hours of park operation.
John B. MacNeill, 1320 S. Riverside Dr., suggested relating the hours to sunrise and sunset.
The Town Manager stated that this would be hard to enforce but that the hours could be reviewed at a later date if there is a problem.
Motion to approve Ordinance 04-10 carried unanimously.
B. Ordinance No. 04-11 – Prohibiting consumption of alcoholic beverages and open containers in Town parks
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Councilman Bogert moved to approve Ordinance 04-11. Deputy Mayor Benevente seconded.
It was clarified for Councilman McCabe that the ordinance covers all beach parks.
Jim Powers recommended adding the words “alcoholic beverage” before the term “containers” on line 4.
Motion carried unanimously.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Set tentative millage rate for Fiscal Year 04-05 at 4.8451; set date for first public hearing on the millage rate and budget for 7:00 pm on September 14, 2004; set date for second public hearing for 7:00 pm on September 28, 2004; set tentative budget workshop for 6:00 pm August 17, 2004
The Town Manager provided background reporting that the Budget and Finance Committee had approved the millage rate and budget as recommended.
Councilman Bogert moved to approve the millage rate of 4.8451. Deputy Mayor Benevente seconded.
John B. MacNeill received clarification that this is a reduction in the millage rate and represents an increase of $127,248 in tax revenue over the current fiscal year.
Motion to approve the millage rate carried unanimously.
Councilman Bogert moved to approve the proposed schedule for the three budget hearing dates. Councilman McCabe seconded. Motion carried unanimously.
B. Discussion and possible action regarding Code Section 17-106.3(5)(a) & (b) regarding political signs (Requested by Mayor Trott)
Mayor Trott requested Council input explaining that he is uncomfortable with the recent change in the political sign ordinance resulting in the influx of signs and supported reinstating the original regulations.
Attorney Gougelman provided background and clarified that the change was based on federal case law.
The following members of the public addressed the issue:
Laura Rusinko, 444 10th Ave.
Loren Strand
John B. MacNeill
Ann Samuelson, 494 Sandpiper, Satellite Beach
Mayor Trott moved that staff and the Town Attorney draft ordinance language similar to the original limiting the placement of signs to 45 days prior to the election and defining political office and political candidate as opposed to political sign. Deputy Mayor Benevente seconded.
After discussion, Mayor Trott amended the time frame to 35 days prior to qualifying.
Motion carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – June 2004
The Town Manager added that the new sign had been installed in Nance Park and announced that Officer Holstine had been recognized as Officer of the Year for jurisdictions with less than 30 sworn officers by the Florida Police Chiefs’ Association.
B. Report from Town Attorney
Attorney Gougelman thanked Mr. Powers for his comments on the open container ordinance.
XI.REPORTS
A. Mayor Trott had no report.
B. Deputy Mayor Benevente announced that Attorney Gougelman had been chosen as Attorney of the Year by the Florida League of Cities.
C. Councilman Bogert congratulated Attorney Gougelman and Officer Holstine on their awards.
D. Councilman Cook was not present.
E. Councilman McCabe announced his neighborhood meeting for 8/15 at Riverside Park. He requested a review of the policy concerning items removed from the right-of-way and solid items in the right-of-way and discussion concerning placing sea grapes at the 6th Ave. parking lot.
Councilman McCabe also received clarification on the procedures for new business.
XII. ADJOURNMENT
The meeting was adjourned at 8:10 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk