TOWN OF INDIALANTIC
Brevard County, Florida 32903
December 16, 2003 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON DECEMBER 16, 2003.
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
John B. MacNeill, 1320 S. Riverside Dr, noted the passing of Tom Lawton and suggested naming the Town’s stormwater abatement project in his memory.
Ray Disher, 330 Ormond Ave, placed into the record a copy of a memo and attachment he had forwarded to the Mayor and Council.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Zoning and Planning Board, Board of Adjustment, Budget and Finance Committee and Civil Service Board
B. There will be openings on the Zoning and Planning Board and the Budget and Finance Committee in January
C. Town Hall will be closed December 24th and 25th for Christmas and January 1st – New Year’s Day
V. CONSENT AGENDA
A. Minutes No. 04-02 – Regular Meeting – November 18, 2003
B. Approval of parking space use agreement with Bizzarro’s Pizza for 2004
C. Approval of parking space use agreement with Shagg’s for 2004
D. Approval of First Responder Agreement with Brevard County for 2004
E. Resolution 04-02 – Authorizing the Town Manager to execute a Firearms Range Agreement with the City of Palm Bay for continued police department use
Councilman Bogert moved to approve the Consent Agenda.
Deputy Mayor Benevente received clarification on Item E.
Councilman McCabe requested that Items B & C be removed for discussion.
Councilman Bogert amended the motion to approve Items A, D and E. Deputy Mayor Benevente seconded. Motion carried unanimously.
On Items B & C, Councilman McCabe requested that the Town look into the lost revenue and consider raising the fee.
The Town Manager clarified that any change would have to be made by ordinance and suggested the present agreements be approved for a period of three months until that might occur.
Councilman McCabe moved to approve Items B & C for a three month period and direct staff to amend the ordinance language to reflect a fee increase. Councilman Cook seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Board of Adjustment – Five openings. David Berkman and Bud Evans would like to be reappointed. Applications received from Doug Wright
Mayor Trott moved to reappoint Mr. Berkman. Councilman McCabe seconded for discussion.
Dave Berkman, 225 8th Ave, apologized for previous behavior and stated that he felt he still had something to offer to the Board.
The motion to reappoint Mr. Berkman failed with Mayor Trott and Councilman McCabe voting “yes.” Deputy Mayor Benevente, Councilman Bogert and Councilman Cook voted “no.”
Councilman McCabe moved to reappoint Bud Evans. Deputy Mayor Benevente seconded. Motion carried unanimously.
Councilman Cook moved to appoint Doug Wright. Councilman Bogert seconded. Motion carried with Mayor Trott, Councilman Bogert, Councilman Cook and Councilman McCabe voting “yes.” Deputy Mayor Benevente voted “no.”
Councilman McCabe moved to appoint Mike Fischer to the Board. Deputy Mayor Benevente seconded.
Dave Berkman spoke against appointing Mike Fischer.
Laura Lewandowski, 125 8th Ave, suggested more workshops for Board members.
George Gergora, 316 Deland Ave, noted that Mr. Fischer could bring valuable experience to the Board and supported his appointment.
The motion to appoint Mr. Fischer carried with Deputy Mayor Benevente, Councilman Bogert and Councilman McCabe voting “yes.” Mayor Trott and Councilman Cook voted “no.”
B. Budget and Finance Committee – One opening. Norman Greer would like to be reappointed
Deputy Mayor Benevente moved to reappoint Norman Greer. Councilman Bogert seconded. Motion carried unanimously.
C. Civil Service Board – One opening. Charles Allsopp would like to be reappointed
Deputy Mayor Benevente moved to reappoint Charles Allsopp. Councilman Cook seconded. Motion carried unanimously.
D. Zoning and Planning Board – Three openings. Rick Bertel and John B. MacNeill would like to be reappointed. Application received from Mike Fischer
Councilman McCabe moved to reappoint Rick Bertel. Councilman Bogert seconded. Motion carried with Deputy Mayor Benevente, Councilman Bogert, Councilman Cook and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
Deputy Mayor Benevente moved to reappoint John MacNeill. Councilman Cook seconded. Motion carried unanimously.
Councilman Bogert moved to appoint Mike Fischer.
The Town Manager pointed out a potential conflict with serving on both boards as appeals from the Zoning and Planning Board are heard by the Board of Adjustment.
Mr. Fischer was removed from consideration for the Zoning and Planning Board.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance 04-01 – Amending Section 17-106.4(6)(f) – Transient signs
1. Second reading – by title only
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption
Councilman McCabe moved to approve Ordinance 04-01. Councilman Bogert seconded. Motion carried unanimously.
B. Ordinance 04-02 – Amending Section 17-106.4 – Political signs
1. First reading – by title only
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption on second reading
Mr. Chinault provided background pointing out that the code as written has been rendered unconstitutional by court opinions per Attorney Gougelman.
Attorney Gougelman provided further clarification and suggested referring the issue of political signs including political speech to the Zoning and Planning Board. He advised that the sign code should be as “content neutral” as possible.
Deputy Mayor Benevente moved to approve Ordinance 04-02. Councilman Bogert seconded. Motion carried with Mayor Trott, Deputy Mayor Benevente, Councilman Bogert and Councilman Cook voting “yes.” Councilman McCabe voted “no.”
C. Ordinance 04-03 – Authorizing the Building Official to interpret land development code
1. First reading – by title only
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption on second reading
The Town Manager and Attorney Gougelman provided background explaining that the
ordinance is an attempt to clarify ambiguities in the code.
Councilman Cook moved to table this item for a six month period especially since the Town is now taking on a new Building Official. Deputy Mayor Benevente seconded.
John B. MacNeill spoke in favor of tabling the ordinance.
Motion to table carried unanimously.
D. Ordinance 04-04 – Clarifying Section 8-5(b) – Commercial trash requirements
1. First reading – by title only
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption on second reading
The Town Manager provided background.
Councilman Bogert moved to adopt Ordinance 04-04. Councilman McCabe seconded.
Motion carried unanimously.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Approval of Building Official appointment
The Town Manager introduced Michael McCaughin and requested that the Council approve his appointment as Building Official.
Councilman Bogert moved to approve the appointment. Deputy Mayor Benevente seconded. Motion carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – November 2003
Mr. Chinault read a letter from Laurie Bushnell, Wayne Ave, praising the actions of Officer Scott Holstine in handling a recent potentially dangerous situation.
Police Chief Troy Morris noted that the review board had recommended Officer Holstine for a commendation.
B. Report from Town Attorney
Attorney Gougelman had no report.
XI. REPORTS
A. Mayor Trott wished everyone a happy holiday.
B. Deputy Mayor Benevente reported on the League Christmas dinner.
C. Councilman Bogert had no report.
D. Councilman Cook wished everyone a happy holiday.
E. Councilman McCabe thanked staff for their efforts regarding the tree lighting, congratulated Officer Holstine, requested that staff provide information on xeriscaping and announced his next citizens’ meeting at Sunrise Park on January 18th at 2:00 pm..
XII. ADJOURNMENT
The meeting was adjourned at 8:10 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk