TOWN OF INDIALANTIC
Brevard County, Florida 32903
August 17, 2004 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON AUGUST 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
Nancee Hay, 136 10th Ave., received an update on providing river access to the fire-rescue marine equipment.
Gabrielle and Loren Strand, 120 Ormond Ave., solicited volunteers for the Halloween block party to be held October 23 from 4 to 8 PM.
Roger Ross, 212 2nd Ave., questioned the safety of the Australian pines on the causeway and throughout the Town during a storm and asked if there were any plans to address the situation.
Lillian Ramey, 230 3rd Ave., pointed out the trees had been here for years and do provide some protection.
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 and the Civil Service Board
B. 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. Packets are available in the Town Clerk’s office
V. CONSENT AGENDA
A. Minutes No. 04-11 – Regular Meeting – July 20, 2004
B. Approval of a 3.15% rate increase for solid waste as requested by Harris Sanitation and provided for in the franchise agreement
C. Approval of employee pay schedule for FY-05
D. Approval of street resurfacing projects for FY-05
E. Approval to renew the agreement with Brevard County and Space Coast Emergency Medical Services, P.A. (Dr. McPherson) for medical direction supervision of Town rescue services
Councilman McCabe moved to approve Items A, B and C. Councilman Bogert seconded. Motion carried unanimously.
The Town Manager clarified the street resurfacing on 14th Avenue and 6th Avenue.
Mr. Chinault also clarified that the agreement in Item E is funded through the county.
Deputy Mayor Benevente moved to approve Items D and E. Councilman Cook seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Civil Service Board – Three openings. Ray DiZefalo and Kathryn Kowalski would like to be reappointed
Councilman Bogert moved to reappoint Mr. DiZefalo and Ms. Kowalski. Deputy Mayor Benevente seconded. Motion carried unanimously.
B. Parks, Recreation and Beautification Committee – Beverly Goldner, Don Gust and Jackie Potts-Hendry would like to be reappointed
Councilman Bogert moved to reappoint Ms. Goldner, Mr. Gust and Ms. Jackie Potts-Hendry. Deputy Mayor Benevente seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance No. 04-10 – Amending the hours of operation for Douglas Park
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman Bogert moved to adopt Ordinance 04-10. Deputy Mayor Benevente seconded.
There were no public comments.
Motion carried unanimously.
B. Ordinance No. 04-11 – Prohibiting consumption of alcoholic beverages and open containers in Town parks
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 approve Ordinance 04-11. Councilman Cook seconded.
Attorney Gougelman explained the area covered and clarified that no private property was included.
Roger Ross advised that he routinely picks up open containers in an effort to clean the beach and that the ordinance could put him in violation.
Sgt. Elliott addressed Mr. Ross’ concerns.
Motion to approve Ordinance 04-11 carried unanimously.
C. Ordinance No. 04-12 – Amending Sec. 17-106.3(5) relating to political signs
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 explained that the Town Attorney had prepared the ordinance at the direction of the Town Council and had incorporated the standards that they had requested.
The Council members discussed the time period limitations.
Attorney Gougelman advised that the ordinance was an attempt to set a “reasonable” standard.
Councilman McCabe moved to approve Ordinance 04-12. Deputy Mayor Benevente seconded.
The Council members weighed the balance between free speech and property owners’ rights noting that the ordinance differentiates between political candidates/referendum items and political issues.
The following members of the public addressed the issue:
Laurie Rusinko, 444 10th Ave.
Nancee Hay, 136 10th Ave.
Lois Schissel, 440 10th Ave.
Councilman McCabe amended his motion to restrict political signs for local candidates and Town referendums to 30 days prior to the election. Deputy Mayor Benevente seconded.
John B. MacNeill, 1320 S. Riverside Dr., received clarification on the timing standard.
Motion to approve Ordinance 04-12 as amended carried with Mayor Trott, Deputy Mayor Benevente and Councilman McCabe voting “yes.” Councilman Cook and Councilman Bogert voted “no.”
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Discussion and possible action regarding planting of sea grapes on the Town’s lots in the 100 block of Sixth Avenue (Requested by Councilman McCabe)
Councilman McCabe moved to discuss the issue. Councilman Cook seconded.
Councilman McCabe reported that he had received a complaint regarding the Town’s removal of palm trees from its property in order to accommodate the six foot wall for the parking lot. He suggested planting sea grapes to replace the trees and act as a buffer.
The Town Manager advised that once the concrete work is done, sea grapes and other vegetation could be planted taking into account costs and size constraints.
It was the consensus of Council to approve this as a solution.
Lillian Ramey spoke in favor of using native plants.
B. Discussion and possible action regarding process for addressing hazards, obstructions and activities in Town rights-of-way (Requested by Deputy Mayor Benevente and Councilman McCabe)
Deputy Mayor Benevente suggested printing the Town Manager’s letter explaining this issue in the Record so it is available to the public and they are aware of the restrictions.
The Town Manager gave background and thanked the Strands who were instrumental in bringing the problem into the open.
Mr. Chinault recommended a user-friendly brochure to be distributed to the residents.
Councilman McCabe suggested that diagrams be included with any distributed information.
Deputy Mayor Benevente moved that the public be informed of the regulations through the Indialantic Record and door hangers. Councilman McCabe seconded.
Mr. Chinault recommended improving the code to make it more user-friendly by merging the information into a more easily found format.
In response to a question regarding the Town’s turtle sign, the Town Manager advised that the sign is protected by a curb that lessens liability. He explained that this same standard is applied when considering property owners’ requests.
Councilman McCabe emphasized the importance of a clear six foot unpaved area for the safety of pedestrians and bicyclists.
Jim Powers, 206 Ormond Ave., received clarification on Code Sec. 13-7 from the Town Manager and Town Attorney.
Loren Strand expressed concerns with fair treatment, lack of clarity in the code, the approval process and the citation and resolution method and supported the Town Manager’s and Council’s attempt to clarify the code and inform the public.
Motion to move forward with the recommendations passed unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – July 2004
Mr. Chinault gave updates on the FRDAP grant for Sunrise Park and the 6th Ave. parking lot
B. The Town Attorney had no report.
XI. REPORTS
A. Mayor Trott had no report.
B. Deputy Mayor Benevente reported that he would be attending the Florida League of Cities conference.
C. Councilman Bogert had no report.
D. Councilman Cook had no report.
E. Councilman McCabe announced the next Council meeting is scheduled for Sept. 14 and that his neighborhood meeting will be Sept. 12 in Sunset Park. He also reported that he had attended the South Beach Coalition meeting.
XII. ADJOURNMENT
The meeting was adjourned at 9:08 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST: ________________________
Laura Eaton, CMC
Town Clerk