TOWN OF INDIALANTIC
Brevard County, Florida 32903
April 19, 2005 Town Hall
MINUTES OF A TOWN COUNCIL MEETING HELD ON APRIL 19, 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
A. Maryann Civil – Cocoa Beach Green Business
Ms. Civil provided an overview of the UCF Storm Water Management Academy pilot program funded through the DEP grant.
B. Lois Schissel, 440 10th Ave., requested that the Town address the accumulation of trash on the causeway.
Dan Batchelor, 404 S. Ramona, requested that children’s plastic bicycle ramps be permitted under the Code.
John B. MacNeill, 1320 S. Riverside Dr., announced the Homeowners’ Association Annual Meeting May 19 at 7:00 PM at Town Hall with Bob Lay as the guest speaker.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the General Employees’ Pension Board, Civil Service Board, Code Enforcement Board, Budget and Finance Committee, and Parks, Recreation and Beautification Committee
B. There will be openings on the Board of Adjustment, Parks, Recreation and Beautification Committee and Civil Service Board in May
V. CONSENT AGENDA
A. Minutes No. 05-06– Regular Meeting – March 15, 2005
B. Approval to lower the speed limit on Ocean Terrace from 30 mph to 20 mph
C. Approval to submit an Assistance to Firefighters grant application in the amount of $45,180 ($42,921 non-local with a $2,259 local match)
D. Proclamation - National Public Works Week – April 17-23, 2005
Councilman Benevente requested that Item B be removed for discussion.
Councilman Bogert moved to approve Items A, C and D. Councilman Benevente seconded. Motion carried unanimously.
Concerning Item B, Councilman Benevente stated that he would like to see a uniform speed limit throughout the Town.
The Town Manager indicated that he would prefer to check Florida Statutes before any action and suggested placing this item on the next agenda.
Councilman Bogert moved to table action on a uniform speed limit until the Town Manager can review the statutes. Councilman Berkman seconded. Motion carried with Mayor Trott, Councilman Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Deputy Mayor McCabe voted “no.”
Councilman Berkman moved to approve Consent Agenda Item B. Councilman Bogert seconded.
The following members of the public spoke on the issue:
Carl Andren, 906 S. Ramona
Scott Smith, 321 7th Ave.
Jenifer Marx, 205 Orlando Blvd.
Dan Sullivan, 116 Ocean Ter.
Shannon Watson, 313 7th Ave.
Dan Batchelor
In response to a question from Council, Chief Morris advised that Ocean Terrace has unique characteristics and that there would be no disadvantage to lowering the speed limit.
Motion to approve Consent Agenda Item B carried with Mayor Trott, Councilman Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Deputy Mayor McCabe voted “no.”
VI.APPOINTMENTS
A. Budget & Finance Committee – 1 opening. Eugene Terkoski would like to be reappointed.
Councilman Bogert moved to reappoint Mr. Terkoski. Deputy Mayor McCabe seconded. Motion carried unanimously.
B. Code Enforcement Board – 1 opening. David Hallac would like to be reappointed.
Councilman Benevente moved to reappoint Mr. Hallac. Councilman Bogert seconded. Motion carried unanimously.
C. Parks, Recreation, Beautification Committee – Eugene McLaughlin and Betty Preece would like to be reappointed.
Councilman Benevente moved to reappoint Mr. McLaughlin and Ms. Preece. Deputy Mayor McCabe seconded. Motion carried unanimously.
D. Heritage Committee – Carol Andren, Denise Bozeman, Jenifer Marx and Bill Miller would like to be reappointed. Loren Goldfarb would like to be appointed.
Councilman Bogert moved to reappoint Ms. Andren, Ms. Bozeman, Ms. Marx and Mr. Miller. Councilman Benevente seconded. Motion carried unanimously.
Councilman Benevente moved to appoint Mr. Goldfarb. Councilman Bogert seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance No. 05-09 – Extending the sunset provision relating to hours of operation for certain outdoor cafes
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
The Town Manager provided background.
Councilman Bogert moved to adopt Ordinance No. 05-09. Councilman Berkman seconded.
Richard Torpy, attorney for Djon Pepaj, requested that the Council not change the hours of operation from those permitted in the original ordinance. He outlined the measures Mr. Pepaj has taken to correct the problems and requested that the Council allow more time to see if these changes work before the hours of operation are affected.
The following members of the public commented on the issue:
Carl Andren
Scott Smith
Lois Schissel
Mark Wilson, 225 Miami Ave.
Mike Smith, 305 7th Ave.
Shannon Watson
Elizabeth Rockhill, 7th Ave.
Dan Batchelor
Attorney Torpy addressed several statements that had been made by previous speakers
Council discussed the ordinance as a workable compromise.
Motion to adopt Ordinance No. 05-09 carried with Deputy Mayor McCabe, Councilman Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Mayor Trott voted “no.”
B. Ordinance No. 05-10 – Amending Sec. 17-132(11) – 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
The Town Manager gave background.
Councilman Bogert moved to adopt Ordinance No. 05-10. Councilman Benevente seconded. Motion carried unanimously.
Mayor Trott called a brief recess.
VIII. UNFINISHED BUSINESS
A. Discussion and possible action regarding the Town color code (tabled at the March 15, 2005 meeting)
The Town Manager stated that the Parks, Recreation and Beautification Committee has recommended limiting to two the number of certain colors that can be applied to walls in the commercial districts.
Councilman Benevente moved to draft an ordinance incorporating the recommendation. Deputy Mayor McCabe seconded.
Councilman Berkman and Councilman Bogert expressed concerns that the recommendation would be too restrictive.
The following members of the public spoke on the issue:
Shawna Kelsh, 2598 Putnam Dr.
Nancee Hay, 136 10th Ave.
Motion did not carry with Deputy Mayor McCabe and Councilman Benevente voting “yes” and Mayor Trott, Councilman Berkman and Councilman Bogert voting “no.”
B. Discussion and possible action regarding an architectural review board for the business district (tabled at the March 15, 2005 meeting)
Deputy Mayor McCabe presented architectural design standards from Collier County and suggested that they be forwarded to the Zoning and Planning Board for input.
The Council discussed the possible composition of a board and how to establish guidelines.
Attorney Gougelman clarified that a board would require fixed criteria that must be periodically reviewed and kept current. He also recommended retaining an architect to establish standards.
The following members of the public spoke:
Gabrielle Strand, 120 Ormond Ave.
John B. MacNeill, Vice Chairman of the Zoning and Planning Board
Shannon Watson
Attorney Gougelman clarified the role of the Zoning and Planning Board as opposed to an architectural review board.
Nancee Hay
Scott Smith
Councilman Berkman moved that the Council members come back with some specific guidelines they would like to see incorporated into the Code for the next meeting. Deputy Mayor McCabe seconded. Motion carried with Mayor Trott, Deputy Mayor McCabe, Councilman Berkman and Councilman Bogert voting “yes.” Councilman Benevente voted “no.”
IX. NEW BUSINESS
Council agreed to discuss Item F first.
F. Approval of Building Official
The Town Manager introduced Cliff Stokes as his choice for Building Official.
Councilman Bogert moved to confirm the appointment of Mr. Stokes as Building Official. Councilman Benevente seconded.
Councilman Benevente received clarification on the salary.
Motion to confirm Cliff Stokes as Building Official passed unanimously.
A. Discussion and possible action regarding an adjustment to the proposed Joint Participation Agreement with FDOT regarding trees to be planted on the south side of the US-192 Causeway
The Town Manager presented suggestions to modify the previous plan based on input from residents, a county landscape representative and a landscape architect.
Mr. Chinault explained the modified plan calls for removing the East Palatka Holly, keeping the Sabal palms and Gumbo Limbos, increasing the Silver Buttonwoods and adding Mahoe and Seagrape trees.
Councilman Berkman brought up the need for designated parking areas and identifying places for benches, tables and trashcans that could be acquired through public donations.
Mayor Trott recommended proceeding with planting trees and waiting to determine where other amenities might be best situated.
In response to a question from the Council concerning Red Cedar trees, Don Gust, 430 12th Ave., clarified that since the causeway is a unique environment, any trees will require rigorous watering at first to survive.
Council agreed to replace the Mahoe trees with the other recommended species.
Councilman Bogert moved to approve the plan as modified. Councilman Berkman seconded. Motion carried with Mayor Trott, Councilman Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Deputy Mayor McCabe voted “no.”
B. Discussion and possible action regarding Sec. 17-106.4(10) – private parking lot signs (Requested by Councilman Benevente)
The Town Manager provided background.
Councilman Benevente clarified his position in bringing this item to Council.
Councilman Berkman moved to expand the permitted colors for private parking lot signs to include those uniform to the building color in addition to black and white. Councilman Benevente seconded.
Shannon Watson recommended also discussing permitted materials for such signs.
Motion carried with Deputy Mayor McCabe, Councilman Benevente and Councilman Berkman voting “yes.” Mayor Trott and Councilman Bogert voted “no.”
C. Discussion and possible action regarding attendance for board/committee meetings
It was the consensus of the Council to take the attendance reports into consideration at the time appointments are made.
Shannon Watson received clarification on the action taken.
D. Discussion and possible action regarding speed trailers
Councilman Bogert moved to try to budget for a speed trailer during the next fiscal year. Councilman Berkman seconded.
In response to questions from the Council, Chief Morris recommended purchasing the particular model the Town is now borrowing.
Motion carried unanimously.
E. Discussion and possible action regarding the Brevard County School Board’s appointment to the Zoning and Planning Board
Council took no action.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – March 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 his neighborhood meeting at Riverside Park the Sunday before the May Council meeting.
C. Councilman Benevente announced that the Town is co-hosting the Space Coast League of Cities meeting May 9 and urged all to attend.
D. Councilman Berkman reported that he has invited representatives from Walk America to address the Council next month.
E. Councilman Bogert recommended that the Parks, Recreation and Beautification Committee work with the Town Manager on the placement of tress on the causeway.
XII. ADJOURNMENT
The meeting was adjourned at 10:30 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk