TOWN OF INDIALANTIC

Brevard County, Florida  32903

REGULAR TOWN COUNCIL MEETING

February 15, 2005 Town Hall

MINUTES NO. 05-05

 

MINUTES OF A TOWN COUNCIL MEETING HELD ON FEBRUARY 15, 2005 AT THE INDIALANTIC TOWN HALL

 

            PRESENT:

                                    Hon. Daniel S. Trott, Mayor

                                    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

                             

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 Dave Berkman.

 

  IV.PUBLIC

            

Lori Tyler, 241 3rd Ave. congratulated Councilman Berkman and thanked those who had voted for her.

 

Karen Turja, 303 Melbourne Ave., suggested that the Town work with Melbourne Beach to push for a bridge for the south beaches in light of the recent hurricanes and need for evacuation routes.

 

Don Gust, 430 12th Ave., Chairman of the Parks, Recreation & Beautification Committee, brought up the beautification plan for the south side of the causeway.

 

Mayor Trott advised that this is an agenda item and should be discussed at that time.

 

   V.  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 and the Zoning and Planning Board in March

 

  VI.  CONSENT AGENDA

 

A.     Minutes No. 05-04 – Regular Meeting – January 18, 2005

 

             B.     Approval of First Responder Agreement with Brevard County for 2005

 

             C.     Approval of Interlocal Agreement with the Florida Department of Transportation, Brevard County and the other Brevard municipalities to create the Brevard County MPO

 

             D.     Approval to enter into an agreement with the Brevard County Sheriff’s department for the Police Department to access the National Crime Information Center (NCIC) and Florida Crime Information Center (FCIC)

 

             E.     Resolution 05-03 supporting Town’s application to the Florida Department of Agriculture for an Urban & Community Forestry Grant in the amount of $20,100 to plant trees on the south side of the Melbourne Causeway; Resolution 05-04 authorizing the Town Manager to apply for the grant and execute all grant related documents on behalf of the Town; Resolution 05-05 agreeing to enter into a maintenance agreement with the Department of Agriculture; Resolution 05-06 approving a Joint Participation Agreement (JPA) with the Florida Department of Transportation to replace trees on the Melbourne Causeway and authorizing the Town Manager to execute any and all documents relating to the JPA

 

             F.     Approval of agreement with the Melbourne Hilton Rialto Place to host the annual appreciation dinner

 

G.     Resolution 05-07 – Designating personnel authorized to sign checks

 

H.     Approval to submit a Hazard Mitigation grant application and authorize the Town Manager to execute any and all grant related documents

 

Councilman Bogert moved to approve the Consent Agenda. 

 

Councilman Benevente seconded requesting that Item E be removed for discussion.

 

Motion to approve the motion as amended carried unanimously.

 

Mr. Gust commended the Town Manager for quick action to procure the JPA grant and urged the Council to support the project.  He advised that additional funds would be needed for implementation and ongoing maintenance.  He requested that staff and his committee be made aware of resources to develop a long range plan.

 

Councilman Benevente moved to approve Item E.

 

Councilman Berkman advised that Mr. Gust had spent much time researching other grants and funding resources and requested that the Town Manager meet with the Committee to explore all options.

 

Bill Johnson, Rep. Needelman’s office, stated that their office would work with the Town to alleviate any issues with DOT.

 

Deputy Mayor McCabe received clarification on the requested grant amount and suggested that the Town consider other trees and again create some type of canopy.

 

It was noted that there is a time constraint on the Urban and Community Forestry Grant application.

 

The following members of the public offered other suggestions:

 

            Don Gust

            Lori Rusinko, 444 10th Ave

            Bill DeLuccia, 416 Melbourne Ave

            Djon Pepaj, 1000 N Riverside Dr

            Lois Schissel, 440 10th Ave

 

Councilman Bogert seconded the motion to approve Consent Agenda Item E.

 

Motion carried with Mayor Trott, Councilman Benevente and Councilman Bogert voting “yes.”  Deputy Mayor McCabe and Councilman Berkman voted “no.”

 

 

 

VII.APPOINTMENTS

 

             A.     Board of Adjustment – 1 opening.  Laura Lewandowski would like to be reappointed. 

 

Councilman Berkman moved to reappoint Ms. Lewandowski.  Councilman Benevente seconded.  Motion carried unanimously.

 

             B.     Police/Fire Pension Board – 1 opening.  Gerald Kowalski would like to be reappointed

 

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

 

             C.     Zoning and Planning Board – 1 opening.  Shannon Watson would like to be reappointed.  Application received from Daniel Sullivan

 

                  Councilman Bogert moved to reappoint Ms. Watson.  Deputy Mayor McCabe seconded. Motion carried unanimously.

 

             D.     Heritage Committee – Dian Hoskins Milligan would like to be appointed

 

                  Councilman Bogert moved to appoint Ms. Milligan.  Councilman Benevente seconded.  Motion carried unanimously.

 

             E.     Parks, Recreation, Beautification Committee – Matthew Collins would like to be appointed

           

Deputy Mayor McCabe moved to appoint Mr. Collins.  Councilman Bogert seconded.  Motion carried unanimously.

 

VIII.ORDINANCES AND RESOLUTIONS

 

A.     Ordinance No. 05-08 – Amending Sec. 17-131 by changing “dwellings” from a permitted use to a prohibited use in the C-2 zoning district

 

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 and explained that both the Town Attorney and Town Planner felt that permitting dwellings in the C-2 zone is in conflict with the Town’s Comprehensive Plan and that adopting the ordinance will make the code consistent with the plan.

 

Councilman Benevente moved to approve Ordinance No 05-08.  Councilman Berkman seconded.

 

                        Deputy Mayor McCabe suggested considering revising the code to allow for conditional uses which would require Council approval.  Attorney Gougelman clarified that this would be similar to the outdoor café provision of the code that sets very specific requirements.

 

      Attorney Gougelman pointed out that the Comprehensive Plan states that no people can reside in the commercial area and that the Plan overrides the zoning code.  He advised that to allow for mixed use, the Comprehensive Plan would have to be amended and that the DCA is opposed to increasing density on the barrier islands as a result of the need for hurricane evacuation. 

 

      Shannon Watson, 313 7th Ave., recommended using the term “residences” instead of “dwellings” for consistency.

 

 

      Shawna Kelsch, 2598 Putnam, received clarification on conditional uses and the process to amend the Comprehensive Plan.

 

      Motion to approve Ordinance 05-08 carried unanimously.

 

  IX.  UNFINISHED BUSINESS

 

   X.     NEW BUSINESS

           

             A.     Discussion and possible action regarding Sec. 17-106.4(10) – private parking lot signs (Requested by Councilman Benevente)

 

                  Councilman Benevente advised that he was contacted by the owner of an office building on 6th Ave who was requested to remove two professionally made signs in his parking lot because they were brown with gold lettering and not black and white as required by code.

                  

                  Councilman Benevente moved that the Zoning & Planning Board be asked to review this code section and consider amending the code to allow parking lot signs to be of a color predominant to the site. Deputy Mayor McCabe seconded.  Motion carried unanimously.

 

             B.     Discussion and possible action regarding developing a 2025 vision for the Town (Requested by Deputy Mayor McCabe)

     

                  Deputy Mayor McCabe recommended holding meetings to discuss a 25 year vision as to the Town’s future goals.

 

                  Attorney Gougelman outlined the procedures for conducting informal meetings or workshops and for developing a long range plan.

 

                  The Town Manager recommended waiting until after the meetings can be publicized in the April newsletter.

 

                  John B. MacNeill, Vice Chairman of the Zoning & Planning Board, suggested that Council members attend those meetings.

 

                  Council agreed to discuss this further at the March meeting.

                  

  XI.     ADMINISTRATIVE MATTERS

 

A.     Report from Town Manager

Statistical Reports – January 2005

 

 

        The Town Manager added that Satellite Beach had decided not to proceed with the county water re-use project and that beach renourishment will begin around March 1 for the south reach area.

 

      Mr. Chinault clarified several items in his report for Councilman Berkman.

 

B.     The Town Attorney had no report.

 

XII.  REPORTS

 

A.     Mayor Trott announced that Councilman Benevente had received his official card designating him as a lifetime member of the Space Coast League of Cities.

 

B.     Deputy Mayor McCabe announced his next neighborhood meeting for March 13 at 2:00 PM at Lily Park and reported on a meeting with Commissioner Sandy Wilson from Melbourne Beach and the FDOT concerning the outfalls at A1A and that he is looking at grant possibilities to reduce pollutants.

 

C.     Councilman Benevente distributed a draft resolution from the League of Cities concerning annexation and a packet including the League’s priorities for the upcoming year and announced the next meeting March 14 in Cocoa.

 

D.     Councilman Berkman thanked the voters for their support.

 

E.     Councilman Bogert welcomed Councilman Berkman.

 

XIII.  ADJOURNMENT

 

            The meeting was adjourned at 8:25 PM.

 

 

                                                                        TOWN OF INDIALANTIC

 

 

 

                                                                        _________________________

                                                                        Daniel S. Trott

ATTEST:________________________            Mayor

            Laura Eaton, CMC

            Town Clerk