TOWN OF INDIALANTIC
Brevard County, Florida 32903
March 15, 2005 Town Hall
MINUTES OF A TOWN COUNCIL MEETING HELD ON MARCH 15, 2005 AT THE INDIALANTIC TOWN HALL
PRESENT:
Hon. Daniel S. Trott, Mayor
Hon. Michael McCabe, Deputy Mayor
Hon. Vince Benevente, Councilman
Hon. David Berkman, 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 PUBLIC
Scott Smith, 321 7th Ave., spoke about opposition that was voiced at previous meetings regarding the hours of operation for City Tropics Bistro outdoor cafe.
Nancee Hay, 136 10th Ave., stated that Mr. Smith does not speak for everybody.
Shannon Watson, 313 7th Ave., spoke of traffic problems on 7th Ave. and suggested signs be installed to limit traffic to residential only.
Gabrielle Strand, 120 Ormond Ave., thanked the police for using the speed board and suggested the Town include purchasing one in next year’s budget.
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 Budget & Finance Committee, the Code Enforcement Board, the Parks, Recreation, Beautification Committee and the Heritage Committee in April
V. CONSENT AGENDA
A. Minutes No. 05-05– Regular Meeting – February 15, 2005
B. Approval to extend waiving of permit fees for damage incurred due to hurricanes Frances and Jeanne until June 30, 2005
C. Approval of life guard agreement with Brevard County for 2005
D. Confirmation of the Police/Fire Pension Board’s appointment of Mike Casey as the fifth member of the Board
Councilman Bogert moved to approve the Consent Agenda. Councilman Benevente seconded.
Deputy Mayor McCabe requested that Item C be removed for discussion.
Motion to approve Consent Agenda Items A, B and D carried unanimously.
Deputy Mayor McCabe pointed out that the lifeguards have the ability to shut down the beach and requested that the Town be notified when this occurs.
The Town Manager stated that he would confirm that the dispatch center is notified.
Deputy Mayor McCabe moved to approve Item C with the condition that the Town be notified when the beach is closed. Councilman Bogert seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Board of Adjustment – 1 opening. Mike Melhado would like to be reappointed.
Councilman Bogert moved to reappoint Mr. Melhado. Councilman Benevente seconded. Motion carried unanimously.
B. Zoning and Planning Board – 1 opening. Randy Greer would like to be reappointed. Application received from Daniel Sullivan
Councilman Bogert moved to reappoint Mr. Greer. Deputy Mayor McCabe seconded. Motion carried unanimously.
Mayor Trott questioned the appointment of Todd Deratany as the School Board representative to the Zoning & Planning Board noting his lack of attendance as a member of the Heritage Committee and the Parks, Recreation & Beautification Committee.
The Town Manager clarified Mr. Deratany’s role as a non-voting member of the Zoning & Planning Board concerning Comprehensive Plan amendments and re-zoning issues.
Attorney Gougelman advised that this is a requirement of the Growth Management Act and that the purpose is to represent the School Board on issues that may affect density.
Nancee Hay received clarification that this is a voluntary and not a paid position.
Mayor Trott also received consensus to prepare a letter to the School Board on behalf of the Council regarding this appointment to be reviewed at the next meeting.
Richard Reinmiller, 444 9th Ave., recommended a more broad based review of all board and committee appointments.
VII. 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. 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 05-08. Councilman Benevente seconded.
Councilman Berkman advised that there is a property owner who wants to keep existing apartments in the C-2 district and questioned the effect of the ordinance on him.
The Town Manager clarified that approving the ordinance would have no effect on that property.
Deputy Mayor McCabe reported on the discussion by the Zoning & Planning Board on the issue.
Motion to approve Ordinance 05-08 carried unanimously.
B. Ordinance No. 05-09 – Extending the sunset provision relating to hours of operation for certain outdoor cafes
1. First reading – by title only
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption on first reading
Councilman Bogert moved to approve Ordinance 05-09. Deputy Mayor McCabe seconded.
John B. MacNeill, 1320 S. Riverside Dr., Vice Chairman of the Zoning & Planning Board, reported on the action taken by the Board on the previous ordinance.
The Town Manager advised that, if approved, this ordinance would go back to the Zoning & Planning Board for a finding of consistency.
In response to a question from Council, Attorney Gougelman clarified that the sunset deadline can technically be recalled early but it is best to wait until the provision expires to prevent legal difficulties. He gave background on conditional use permits and the difficulty in turning them down if all conditions are met.
Deputy Mayor McCabe recommended reconsidering special use permits.
Police Chief Troy Morris reported on the positive effect of having hired off duty deputies.
The following people spoke on the ordinance:
Djon Pepaj, 1000 N. Riverside Dr.
Nancee Hay, 136 10th Avenue
Lori Halbert, 343 Orlando
John B. MacNeill, 1320 S. Riverside Dr.
Shannon Watson, 313 7th Avenue
Councilman Benevente moved to amend the extension approval for a four month period.
Councilman Bogert did not accept the amendment.
Deputy Mayor McCabe recommended amending the motion to change the hours of operation for certain outdoor cafes on Monday through Thursday to 7:00 am to 12:30 am.
Councilman Bogert accepted the amendment. Deputy Mayor McCabe seconded. Motion carried unanimously.
C. Ordinance No. 05-10 – Amending Sec. 17-132(11) – Fences required for outdoor cafes
1. First reading – by title only
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption on first reading
Councilman Bogert moved to approve Ordinance 05-10. Councilman Benevente seconded.
Mayor Trott received clarification on the use of tempered glass.
John B. MacNeill explained the rationale for allowing newer materials.
Motion to approve Ordinance 05-10 carried unanimously.
VIII. UNFINISHED BUSINESS
A. Discussion and possible action regarding developing a 2025 vision for the Town (Requested by Deputy Mayor McCabe)
Deputy Mayor McCabe explained that the City of Palm Bay had used a facilitator to develop a plan in an open session with Council members, Board members and the public. He agreed to outline a plan of action for the next meeting.
The following members of the public offered suggestions:
Gabrielle Strand
Djon Pepaj
Shannon Watson
B. Discussion and possible action regarding the Town color code
The Town Manager explained that the Parks, Recreation, Beautification Committee had come up with the recommendations presented for revising the color code at Council’s request.
Councilman Benevente spoke in favor of allowing only one color for walls.
It was the consensus of Council to table this item until after discussion of the Architectural Review Board.
After discussion of agenda item IX-A, Councilman Benevente moved to table action on the color code to April. Councilman Bogert seconded. Motion carried unanimously.
IX. NEW BUSINESS
A. Discussion and possible action regarding an architectural review board for the business district (Requested by Councilman Berkman)
Councilman Berkman suggested possibly establishing a review board to bring consistency and uniformity to building design.
The Council discussed the past attempts to establish such a board.
Deputy Mayor McCabe has collected information from Collier County and agreed to put it on the Town’s web page and distribute it to Council prior to the next meeting.
B. Discussion and possible action regarding a final causeway landscaping plan (Requested by Councilman Berkman)
Councilman Berkman spoke in favor of developing a total landscaping plan using the grant monies for phase one.
The Town Manager verified the trees will be planted in July or August if the grant is approved.
Councilman Berkman recommended that the Town Manager meet with Don Gust, Chairman of the Parks, Recreation, Beautification Committee, Bill DeLuccia and other members of the community to consider options.
Deputy Mayor McCabe suggested gathering photos of causeways in other communities to provide ideas.
Loren Strand, 120 Ormond Ave., reported that there is community interest in an adopt-a-tree program.
Town Manager Chinault also reported on a meeting with DEP and FDOT to consider a request to install a boat ramp on the south side of the causeway and that he had indicated to them that the Council historically had been opposed to such an action.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – February 2005
B. Report from Town Attorney
The Town Attorney had no report.
XI. REPORTS
A. Mayor Trott had no report.
B. Deputy Mayor McCabe announced that he is trying to procure a speaker from Cocoa on Green Business to educate businesses as to pollution control.
C. Councilman Benevente announced the services for Mr. Disher and reported that he and the Mayor would be attending Legislative Day on March 30.
D. Councilman Berkman announced his community meeting for April 17 at 2:00 PM at Douglas Park, commented favorably on the concert held in Orlando Park and asked whether a variance fee could be waived for a particular applicant.
E. Councilman Bogert mentioned that Ray Disher had died and requested proclamations for Ray DiZefalo and Ray Disher.
XII. ADJOURNMENT
The meeting was adjourned at 9:50 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk