TOWN OF INDIALANTIC
Brevard County, Florida 32903
November 18, 2003 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON NOVEMBER 18, 2003.
PRESENT:Hon. Daniel S. Trott, Mayor
Hon. Bruce Bogert, Deputy Mayor
Hon. Vince Benevente, 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. OATH OF OFFICE
Attorney Gougelman administered the Oath of Office to Councilman Benevente and Councilman Bogert.
IV.ELECTION OF DEPUTY MAYOR
Deputy Mayor Bogert nominated Councilman Benevente. Councilman McCabe seconded. Motion carried unanimously.
V.PUBLIC
There were no public comments.
VI.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 openings on the Zoning and Planning Board, Board of Adjustment, Budget and Finance Committee and Civil Service Board in December
C. Town Hall will be closed November 27th and 28th for Thanksgiving
VII.CONSENT AGENDA
A. Minutes No. 04-01 – Regular Meeting – October 21, 2003
B. Approval of encumbrances from FY 03 budget
C. Acceptance of the performance evaluations for the Town Manager for the period of September 27, 2002 through September 26, 2003
Deputy Mayor Benevente moved to approve the Consent Agenda. Councilman Bogert seconded. Motion carried unanimously.
VIII.APPOINTMENTS
A. Zoning and Planning Board – One opening. Michael Melhado would like to be reappointed
Councilman Bogert moved to reappoint Mr. Melhado. Councilman Cook seconded. Mr. Melhado was reappointed with Mayor Trott, Deputy Mayor Benevente, Councilman Bogert and Councilman Cook voting “yes.” Councilman McCabe voted “no” based on Mr. Melhado’s attendance record.
B. Parks/Recreation/Beautification Committee – Application received from Todd Deratany
Deputy Mayor Benevente moved to appoint Todd Deratany. Councilman McCabe seconded.
Mayor Trott expressed reluctance to appoint Mr. Deratany, Mr. Cochran or Mr. Fischer to a Town board or committee.
Todd Deratany, 440 Oakland Ave., spoke on his behalf.
The following people spoke regarding appointments:
Laura Lewandowski, 125 8th Avenue
Karen Turja, 303 Melbourne Avenue
Nancee Hay, 136 10th Avenue
Mr. Deratany was appointed to the Parks/Recreation/Beautification Committee with Deputy Mayor Benevente, Councilman Bogert, Councilman Cook and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
C. Heritage Committee – Application received from Todd Deratany
Councilman Cook moved to appoint Mr. Deratany. Deputy Mayor Benevente seconded. Motion carried with Deputy Mayor Benevente, Councilman Bogert, Councilman Cook and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
D. Board of Adjustment – Two openings. Applications received from Bob Cochran, Mike Fischer and Doug Wright
Mr. Deratany withdrew his application which was submitted after the agenda was completed.
Mayor Trott moved to not appoint Mr. Cochran or Mr. Fischer to the Board of Adjustment. Deputy Mayor Benevente seconded. Motion carried unanimously.
It was the consensus to table Mr. Wright’s application to the December meeting.
Scott Bell, 1005 S. Shannon and John B. MacNeill, 1320 S. Riverside Dr., requested clarification on public discussion.
E. Mayor’s appointments
The Mayor made the following appointments:
1. Space Coast League of Cities and alternate – Deputy Mayor Benevente and the Mayor as alternate
Space Coast League of Cities Intergovernmental Committee - Deputy Mayor Benevente and the Mayor as alternate
2. Brevard County Water Supply Board – Councilman McCabe
3. South Beaches Coalition – Councilman Cook and Councilman McCabe as alternate
4. Indian River Lagoon Scenic Highway – Ray DiZefalo
IX.ORDINANCES AND RESOLUTIONS
A. Ordinance 04-01 – Amending Section 17-106.4(6)(f) – Transient signs
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Councilman McCabe moved to approve Ordinance 04-01 with the inclusion of a 14’ height limit. Councilman Bogert seconded.
Councilman McCabe explained the height limit was to make it consistent with other portions of the code and clarified that it would sunset in one year.
There were no public comments.
The Town Manager clarified the ordinance would go back to the Zoning and Planning Board with the change.
Motion as amended carried unanimously.
X.UNFINISHED BUSINESS
A. Discussion and possible action regarding Fifth Avenue median vegetation (continued from the October 21, 2003 meeting)
The Town Manager provided background information and requested direction on removing the cord grass. He noted that the Parks/Recreation/Beautification Committee had recommended dwarf Indian Hawthorne if the cord grass is removed and verified that money is available for plant replacement.
Deputy Mayor Benevente moved to remove the cord grass and replace it with the dwarf Indian Hawthorne. Councilman Bogert seconded. Motion carried unanimously.
XI. NEW BUSINESS
A. Discussion and possible action regarding a positive salary adjustment for the Town Manager
Councilman Bogert moved to approve a 3% salary increase for the Town Manager. Deputy Mayor Benevente seconded.
It was clarified for Councilman McCabe that the budget would be adjusted mid-year to encompass the increase.
Council noted that other employees received a 3% cost of living increase on October 1st and that the Manager’s evaluations were good.
In response to a question from George Gergora, 316 Deland Ave., the Town Manager verified the police department receives the same increase as the general employees.
Scott Bell, 1005 S. Shannon Ave., noted that 3% was higher than the cost-of-living increase associated with Social Security.
Motion to approve a 3% increase carried with Mayor Trott, Deputy Mayor Benevente, Councilman Bogert and Councilman McCabe voting “yes.” Councilman Cook voted “no.”
B. Award of mast arm bid and contract to Traffic Control Devices, Inc., the low bidder, in the amount of $97,911 and approval of change order #1 in the amount of $36,114 (funds to come from the Florida Department of Transportation) – Riverside Drive/Fifth Avenue intersection
The Town Manager gave background on the project and noted that the change order involves providing fluted mast arms.
Councilman Bogert moved to approve the bid and change order and award the contract to Traffic Control Devices, Inc. Deputy Mayor Benevente seconded.
Councilman McCabe received clarification on the timetable.
Todd Deratany received clarification that the location of the mast arms had not been changed.
Motion carried unanimously.
C. Discussion and possible action regarding requirements of Code Section 8-5(b) – commercial trash pick up
Councilman Cook moved to discuss the item. Councilman McCabe seconded. Motion to discuss carried unanimously.
The Town Clerk explained that the occupational license application includes an attachment confirming that the applicant has commercial trash pick-up. Ms. Eaton stated that a question had arisen as to whether Code Sec. 8-5(b) applies to an individual business or to a commercial building.
Dick Deratany, 609 S. Riverside Dr, explained the situation at his business site, stating that one garbage can is sufficient for the occupants of the building but that Harris Sanitation is requiring two cans per business.
The Town Manager explained the rate structure.
The following people spoke regarding this issue:
Todd Deratany, 105 S. Riverside Drive
Dick Deratany presented a statement from the tenants of his building.
Laura Lewandowski, 125 8th Avenue
Karen Turja, 303 Melbourne Avenue
Attorney Gougelman said that the code and franchise agreement do seem ambiguous, but that the rate structure appears to be based on pick-up per unit.
Councilman Bogert moved to have the Zoning & Planning Board review the code. Councilman Cook seconded. Motion carried unanimously.
Council was advised that this is not a zoning related issue.
Deputy Mayor Benevente moved to request staff to draft language clarifying the code. Councilman Cook seconded. Motion carried unanimously.
D. Discussion and possible action regarding additional parking for Douglas Park
The Town Manager gave background on the parking lot improvements being made on the property surrounding the AG Edwards building, noting that the improvements had infringed into the right-of-way. Consistent with prior Council actions, the Town Manager felt it was the intent to provide parking for Douglas Park on both sides of the right-of-way and requested that the Council allow paved parking in that area. He added that drainage had been addressed by the Town Engineer.
Deputy Mayor Benevente moved to grant the paved parking. Councilman Cook seconded. Motion carried unanimously.
XII.ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – October 2003
The Town Manager added information on DOT plans for A1A and 5th Ave. and tentatively replacing the eastern relief bridge.
In response to questions from Council, Mr. Chinault provided updates on the search for a Building Official, the Cronin property on Riverside Dr. and 1010 Wavecrest Avenue.
B. Report from Town Attorney
Attorney Gougelman reported on the Board of Adjustment decision concerning the application of the breezeway ordinance to 1010 Wavecrest Ave. and the possible future repercussions.
The following commented on Mr. Gougelman’s report:
Todd Deratany
George Gergora, 316 Deland Ave.
John B MacNeill
XIII.REPORTS
A. Mayor Trott had no report.
B. Deputy Mayor Bogert had no report.
C. Councilman Benevente announced the next League of Cities meeting.
D. Councilman Cook had no report.
E. Councilman McCabe announced his next neighborhood meeting.
XIV.ADJOURNMENT
The meeting was adjourned at 9:10 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk