TOWN OF INDIALANTIC
Brevard County, Florida 32903
September 14, 2004 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL SEPTEMBER 14, 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
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
A. Council discussion of tentative budget and proposed millage rate
The Town Manager gave background.
B. Public Announcement – the proposed millage rate is 4.8451 which is a 9.92% increase over the rolled back millage rate of 4.4079
Deputy Mayor Benevente received clarification on the effect of the tax rate on individuals.
Councilman McCabe received clarification on funds available for a speed wagon.
C. Public Hearings
1. Tentative budget
Gabrielle Strand, 120 Ormond, and Shannon Watson, 313 7th Ave., requested an additional $500 for the Halloween budget. Town Manager Chinault advised that the account would be reviewed at mid year.
2. Proposed millage rate
There were no public comments.
D. Amend tentative budget (if necessary) and recompute millage (if necessary)
E. Adoption of tentative millage rate of 4.8451
Councilman Bogert moved to adopt the proposed millage rate of 4.8451. Deputy Mayor Benevente seconded. Motion carried unanimously.
F. Adoption of tentative total budget in the amount of $3,607,052 and tentative general fund budget in the amount of $2,809,976
Deputy Mayor Benevente moved to approve the tentative budget of $3,607,052. Councilman Bogert seconded.
Councilman Bogert moved to approve the general fund budget of $2,809,976. Councilman McCabe seconded.
Motions to adopt the tentative total budget and tentative general fund budget carried unanimously.
G. Public Announcement – the final hearing on the tentative millage rate and the tentative budget will be held on September 28, 2004 at 7:00 PM
IV. PUBLIC
Josephine Carpenter, Atlantic Pack & Parcel, requested that the rules be relaxed for the placement of temporary signs due to the damage incurred during the recent storms.
John B. MacNeill, 1320 S. Riverside Dr., received clarification regarding who was responsible for clearing the dock and boat debris from the river.
Mr. MacNeill also brought up the number of solicitors after the storm and the Town Manager advised that a posted sign is the remedy.
V. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. Daniel Trott is the unopposed candidate for Mayor; Mike McCabe is the unopposed candidate for Council Seat 2
B. There are currently openings on the Police/Fire Pension Board, General Employees’ Pension Board and the Civil Service Board
C. There will be an opening on the Zoning and Planning Board in October
VI. CONSENT AGENDA
A. Minutes No. 04-12 – Regular Meeting – August 17, 2004
B. Approval of budget adjustment to purchase two small pickup trucks
C. Approval of agreement with Indialantic One for use of a portion of Watson Drive during construction
D. Declaration of the Town as a natural disaster area due to Hurricane Frances
Deputy Mayor Benevente requested that Item D be removed.
Councilman McCabe requested that Item C be removed.
Deputy Mayor Benevente moved to approve Items A & B. Councilman Bogert seconded. Motion carried unanimously.
C. Approval of agreement with Indialantic One for use of a portion of Watson Drive during construction
Attorney Novak pointed out a correction in the agreement changing the year to 2005 on page 9.
The Town Manager provided background on the agreement for Councilman McCabe.
Deputy Mayor Benevente moved to approve Item C as amended. Councilman Cook seconded. Motion carried unanimously.
D. Declaration of the Town as a natural disaster area due to Hurricane Frances
Deputy Mayor Benevente reported that he has received requests to suspend permitting fees for hurricane related damages as determined by the Building Official.
Deputy Mayor Benevente moved to approve Item D with the amendment that permit fees for Hurricane Frances related damage as determined by the Building Official be suspended through November 30, 2004. Councilman Bogert seconded. Motion carried unanimously.
VII. APPOINTMENTS
VIII. ORDINANCES AND RESOLUTIONS
A. Ordinance No. 04-12 – Amending Sec. 17-106.3(5) relating to political signs
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman Cook moved to not approve Ordinance No. 04-12 because it is in violation of Florida law. Councilman Bogert seconded.
Mayor Trott maintained that it is not illegal, does not restrict public speech and sets reasonable guidelines.
Councilman Cook amended his statement to reflect Attorney Gougelman’s opinion that the Town could be sued for enacting the ordinance.
Councilman McCabe felt that the ordinance upholds the character and integrity of the Town.
John B. MacNeill, Vice Chairman of the Zoning and Planning Board, reported that the Board had reviewed the ordinance and recommended a common time frame for all types of political signs to make it easier to enforce and understand.
Deputy Mayor Benevente called the question.
Motion to not approve Ordinance No. 04-12 failed with Councilman Bogert and Councilman Cook voting “yes.” Mayor Trott, Deputy Mayor Benevente and Councilman McCabe voted “no.”
Deputy Mayor Benevente moved to approve Ordinance 04-12.
Councilman McCabe moved to table the motion to October to consider the Zoning & Planning Board comments and to solicit more public comments. Mayor Trott seconded.
Motion to table the ordinance failed with Mayor Trott and Councilman McCabe voting “yes.” Deputy Mayor Benevente, Councilman Bogert and Councilman Cook voted “no.”
Councilman McCabe seconded the motion to approve the ordinance. Motion carried with Mayor Trott, Deputy Mayor Benevente and Councilman McCabe voting “yes.” Councilman Bogert and Councilman Cook voted “no.”
B. Ordinance No. 04-13 – Allowing Building Official to make code interpretations
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 explaining that this ordinance is being revisited at Council’s direction.
Mr. Chinault explained that the Town Attorney had crafted the ordinance to address procedural difficulties in having residents get the code interpreted in a timely manner.
Mr. Chinault added that Town staff recommends approval.
Councilman Bogert moved to approve Ordinance 04-13. Councilman Cook seconded.
Deputy Mayor Benevente preferred that the Building Official not solely make a final decision concerning interpretations.
Gabrielle Strand supported having one person to contact to clarify the code.
Shannon Watson expressed concern with decisions of previous building officials and supported some system of checks and balances.
Motion to approve Ordinance 04-13 carried with Mayor Trott, Councilman Bogert and Councilman Cook voting “yes.” Deputy Mayor Benevente and Councilman McCabe voted “no.”
IX. UNFINISHED BUSINESS
X. NEW BUSINESS
A. Council should determine if it desires to ascertain that no candidates qualified for Council Seat 4 and have staff proceed toward a special election or if it desires to appoint a person to fill this seat
Councilman Bogert moved to ascertain that no candidate had qualified for Council Seat 4. Deputy Mayor Benevente seconded. Motion carried unanimously.
Mayor Trott supported a special election because the position is for a full term.
Councilman Bogert moved to hold a special election for Council Seat 4. Deputy Mayor Benevente seconded.
John B. MacNeill noted that the money budgeted for the regular election can be used for the special election.
Motion to hold a special election carried unanimously.
B. Approval to make application for $50,000 in FRDAP funds to improve accessibility in Orlando Park (no local match required)
The Town Manager gave background on the improvements to be funded by the grant.
Councilman Bogert moved to approve the FRDAP application. Councilman Cook seconded. Motion carried unanimously.
XI. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – August 2004
The Town Manager also gave an update on sidewalk construction and repair and storm debris removal.
The following department heads reported on Hurricane Frances:
Police Chief Troy Morris
Building Official Mike McCaughin
Fire Chief Tom Barker
Public Works Director Ron Cassedy
B. The Town Attorney clarified Council action on the special election.
XII. REPORTS
A. Mayor Trott thanked staff on an outstanding job during the storm emergency.
B. Deputy Mayor Benevente thanked staff, reported on the League convention and announced that the September Space Coast League of Cities dinner had been cancelled.
C. Councilman Bogert thanked the department heads and staff.
D. Councilman Cook had no report
E. Councilman McCabe thanked staff and announced his next neighborhood meeting for 10/17 at 2:00 PM at Sunrise Park.
XIII. ADJOURNMENT
The meeting was adjourned at 9:00 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST: ________________________
Laura Eaton, CMC
Town Clerk