TOWN OF INDIALANTIC

Brevard County, Florida  32903

REGULAR TOWN COUNCIL MEETING

January 18, 2005 Town Hall

MINUTES NO. 05-04

 

MINUTES OF A TOWN COUNCIL MEETING HELD ON JANUARY 18, 2005 AT THE INDIALANTIC TOWN HALL

 

            PRESENT:

Hon. Michael McCabe, Deputy Mayor

Hon. Vince Benevente, Councilman

Hon. Bruce Bogert, Councilman

Paul Gougelman, Town Attorney

Christopher W. Chinault, Town Manager

Laura Eaton, Town Clerk

 

            ABSENT:

Hon. Daniel S. Trott, Mayor (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

 

Deputy Mayor McCabe called the meeting to order at 7:00 PM.

 

 II. PLEDGE OF ALLEGIANCE

 

III. PUBLIC

 

             A.     Carole McCauley – Brevard County WAV Coordinator  (Watershed Actions Volunteers) provided information on the outreach program dealing with the two main issues of water conservation and storm water pollution prevention.

 

             B.   Lori Tyler, 241 3rd Ave., introduced herself as a candidate for Town Council.

                       

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, Civil Service Board, Board of Adjustment, and Zoning and Planning Board

 

B.     There will be openings on the Board of Adjustment, Police/Fire Pension Board and Zoning and Planning Board in February

 

             C.     Candidates for the February 8, 2005 special election to fill Council Seat 4 are:  David Berkman, Mike Fischer and Lori Tyler

 

 V. CONSENT AGENDA

 

A.     Minutes No. 05-03 – Regular Meeting – December 16, 2004

 

B.     Approval of 2005 art show and craft show dates  – Art show January 22-23, craft show March 5-6 and October 8-9

 

             C.     Approval of budget amendment to purchase a patrol vehicle and include JPA revenue and expense

 

             D.     Approval to award the bid to the low bidder, and approve a contract with, C & D Construction for the Sunrise Park covered observation deck in the amount of $29,975

 

             E.     Approval to reject all bids for the Nance Park Ramp

 

F.      Approval of Magnolia Key/Wavecrest Avenue right-of-way use agreement

 

Councilman Bogert moved to approve the Consent Agenda removing Items C and E.  Councilman Benevente seconded requesting that Item F also be discussed.  Motion to approve Items A, B and D passed unanimously.

 

As to Item C, the Town Manager clarified the insurance monies received.

 

Councilman Benevente moved to approve Item C.  Councilman Bogert seconded.  Motion carried unanimously.

 

As to Item E, the Town Manager explained that Public Works personnel could do the work less expensively.

 

Councilman Bogert moved to approve Item E.  Councilman Benevente seconded.  Motion carried unanimously.

 

As to Item F, the Town Manager clarified the location and explained the benefit of a new sidewalk paid for by the developer.

 

Councilman Bogert moved to approve Item F.  Councilman Benevente seconded.  Motion carried unanimously.

 

  VI. APPOINTMENTS

 

A.     Budget & Finance Committee – 2 openings.  Orlando Brillante and Dayle Ewald would like to be reappointed.  Application received from Matthew Collins

 

Deputy Mayor McCabe advised that Mr. Collins would like to be appointed to the Parks, Recreation and Beautification Committee at the next meeting.

 

Councilman Benevente moved to reappoint Mr. Brillante and Ms. Ewald.  Councilman Bogert seconded.  Motion carried unanimously.

 

B.     Zoning and Planning Board – 2 openings.  Dayle Ewald and Tom Kleving would like to be reappointed.  Application received from Daniel Sullivan

 

Councilman Bogert moved to reappoint Mr. Kleving.  Councilman Benevente seconded. Motion carried unanimously.

 

Councilman Benevente moved to reappoint Ms. Ewald.  Councilman Bogert seconded.  Motion carried unanimously.

                       

VII. ORDINANCES AND RESOLUTIONS

 

A.     Ordinance No. 05-07 – Amending Sec. 17-132 – fences required for outdoor cafes

 

1.    Second reading – by title only

 

The Town Clerk read the ordinance by title only.

 

      2.     Public hearing and adoption

 

      Councilman Bogert moved to approve Ordinance 05-07.  Councilman Benevente seconded.

 

      There was no public comment.

 

      Motion carried unanimously.

 

VIII. UNFINISHED BUSINESS

 

 

 

  IX.     NEW BUSINESS

           

A.     Extension of employment agreement with the Town Manager

 

The Town Manager clarified the request being made at this time.

 

Deputy Mayor McCabe suggested the possibility of having a special meeting to address the contract more thoroughly.

 

Councilman Benevente moved to extend the Town Manager’s contract an additional three years.  Councilman Bogert seconded.  Motion carried unanimously.

 

             B.     Discussion and possible action regarding the Town color-code (Requested by Councilman Benevente)

 

                  Councilman Benevente related several complaints he had received concerning multi-colored buildings. 

 

                  Councilman Benevente moved to refer the color code ordinance back to the Parks, Recreation and Beautification Committee for further review.  Councilman Bogert seconded for discussion.

 

                  The following members of the public addressed the issue:

 

                        Djon Pepaj, 1000 N. Riverside Dr.

                        Nancee Hay, 136 10th Ave.

                        John B. MacNeill, 1320 S. Riverside Dr.

 

                  The Town Manager explained the present process for color approval in the commercial zone.

 

                  Richard Reimiller, 444 9th Ave., received clarification on the motion.

 

                  Motion to refer the color code ordinance back to the Parks, Recreation and Beautification Committee for further review passed unanimously.

 

ADDITIONAL AGENDA ITEM

 

Mr. Chinault requested that Council approve the Mutual Aid Agreement renewal with the Sheriff’s Department noting that the previous agreement has expired.  He noted that the Police Chief has recommended approval.

 

Councilman Bogert moved to approve the agreement contingent on review by the Town Attorney with any material changes being presented to the Town Council in February.  Councilman Benevente seconded.  Motion carried unanimously.

 

X.           ADMINISTRATIVE MATTERS

 

A.     Report from Town Manager

Statistical Reports – December 2004

 

Mr. Chinault provided an update on Nance Park construction and advised that he is working on an urban forestry grant to replace trees on the causeway to be presented to the Council in February.

 

Djon Pepaj and Dale Ewald, 145 10th Ave., commented on the tree issue.

 

B.     The Town Attorney had no report.

 

  XI. REPORTS

 

A.     Mayor Trott was not present.

 

B.      Deputy Mayor McCabe reported on a FEMA mitigation grant to obtain shutters and an emergency generator for Town Hall and announced his neighborhood meeting for February at Orlando Park.  He also inquired as to the establishment of a complaint data base.

 

C.     Councilman Benevente announced Legislative Day on March 30, 2005 in Tallahassee.  It was the consensus of Council to permit Councilman Benevente to attend.  He also announced the League of Cities meeting February 14 in Rockledge.

 

D.     Councilman Bogert supported the chance to improve the causeway.

 

Mr. MacNeill announced the Homeowners’ Candidate Forum for January 27, 2005 at 7:00 pm.

 

XI.              ADJOURNMENT

 

                The meeting adjourned at 8:05 pm.

                                                                        TOWN OF INDIALANTIC

 

 

                                                                        ________________________

                                                                        Michael McCabe

                                                                        Deputy Mayor

 

ATTEST:__________________________

      Laura Eaton, CMC

      Town Clerk