TOWN OF INDIALANTIC
Brevard County, Florida 32903
June 21, 2005 Town Hall
MINUTES OF A TOWN COUNCIL MEETING HELD ON JUNE 21, 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
IIIPUBLIC
There were no public comments.
IV.PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Budget and Finance Committee, Civil Service Board, and Zoning and Planning Board
B. There will be openings on the Board of Adjustment, Budget and Finance Committee, Code Enforcement Board, Heritage Committee and the Parks, Recreation and Beautification Committee in July
V.CONSENT AGENDA
A. Minutes No. 05-08– Regular Meeting – May 17, 2005
B. Authorization for Councilman Benevente to attend the Florida League of Cities’ 79th Annual Conference as the Town’s voting delegate
C. Approval to declare a 2000 Crown Victoria police car as surplus and authorization for the Town Manager to dispose of it
D. Approval to extend waiving of permit fees for damage incurred due to hurricanes Frances and Jeanne until September 30, 2005 (Building Official determines eligibility)
E. Change of December Council meeting date to Wednesday, December 14, 2005
F. Approval to enter into an interlocal agreement with Brevard County regarding collection of library impact fees
Councilman Bogert moved to approve the Consent Agenda. Councilman Benevente seconded. Motion carried unanimously.
VI.APPOINTMENTS
VII.ORDINANCES AND RESOLUTIONS
A. Ordinance No. 05-11 – Amending Sec. 17-106.4(10) – private parking lot signs
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 Benevente moved to adopt Ordinance No. 05-11. Councilman Berkman seconded.
There were no public comments.
Motion to adopt Ordinance No. 05-11 passed unanimously.
VIII.UNFINISHED BUSINESS
A. Discussion regarding visioning (Requested by Deputy Mayor McCabe)
Deputy Mayor McCabe distributed handouts of the city of Palm Bay’s visioning goals and principles.
Attorney Gougelman presented an excerpt from the Growth Management Act providing language to enact a visioning policy and noted that it is not just a land use issue.
Deputy Mayor McCabe outlined what he would like to see enacted expanding on the Council’s annual goals and objectives. He recommended holding workshops to include ideas from the public.
Mayor Trott reiterated that Council already encompasses visioning through the goals set by Council and the Comprehensive Plan. He pointed out that monthly neighborhood meetings held by Deputy Mayor McCabe and Councilman Berkman give the public the opportunity to share ideas.
Councilman Berkman supported a workshop or seeking ideas through the newsletter.
Mayor Trott thought that the Town’s Boards and Committees could better address any ideas. He felt the item as presented was too vague and recommended that Council members present specific ideas to be placed as agenda items.
Mike Krajic, Melbourne Beach, suggested use of the Hometown News to share information.
Deputy Mayor McCabe stated that his intent is to determine where the Town wants to be in 2025 through more communication and public involvement.
Nancee Hay, 136 10th Ave., pointed out that the Zoning and Planning Board is the applicable regional planning council as referenced in the Growth Management Act.
Deputy Mayor McCabe moved to set up one Town sponsored public workshop to be held Tuesday, August 9, 2005 at 7:00 PM to determine interest from the community in creating a vision and to actively seek publicity for the meeting through the Town newsletter, Florida Today and the Hometown News. Councilman Berkman seconded. Motion carried with Deputy Mayor McCabe, Councilman Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Mayor Trott voted “no.”
IX. NEW BUSINESS
A. Discussion and possible action regarding determining the intent of Resolution 00-05 – Requested by the Board of Adjustment
The Town Manager gave background.
Attorney Gougelman also provided background on the resolution and recommended that “abutting” or “adjoining” be interpreted as side by side lots according to the focus of the court opinion.
Attorney Gougelman clarified the case that is pending before the Board of Adjustment.
Councilman Benevente moved to determine that the intent of the Resolution language addresses side by side lots and not back to back lots. Councilman Berkman seconded.
Bud Evans, 330 Cocoa Ave., Chairman of the Board of Adjustment, spoke on the Board’s questions.
The Town Manager explained that the Town only requires a chain of title on side by side lots to determine prior ownership.
Cliff Repperger, 1800 W. Hibiscus Ave., Melbourne, representing the variance applicant, felt Attorney Gougelman’s recommendation was the logical approach to the issue. He also advised that an additional title search showed that the back lot was not in common ownership with his client’s parcel since 1953.
It was clarified that the applicant might still require other variances depending on what he wants to build.
Motion carried unanimously.
B. Discussion and possible action to engage CodeRED for community warning system
The Town Manager gave background stating that the Dialogic system currently in use is slow, no longer under a service agreement and too costly to upgrade. Mr. Chinault explained that CodeRED is an alternate upgraded warning system.
Police Chief Troy Morris provided additional information explaining that the new system has the advantage of being internet based and will allow faster input into the system.
Council discussed using the County’s 911 system and approaching Melbourne Beach to determine if they might be interested in also utilizing CodeRED.
Chief Morris agreed to check with the company regarding any policies on multiple jurisdictions.
Councilman Benevente moved to approve engaging CodeRED. Councilman Bogert seconded.
Gerard Powell, 505 N. Miramar, stated that he is a communications engineer and volunteered to help in any way possible to get the system set up.
Motion carried unanimously.
C. Discussion and possible action regarding noise regulations (Requested by Councilman Berkman)
Councilman Berkman cited complaints from the noise arising from the construction next to the Surfrider and recommended modifying the hours during which such noise is permitted to more reasonable times.
The Council discussed the current hours noting that enforcement is through the Code Board.
Lillian Ramey received clarification that the Council was only discussing construction noise as a nuisance in this instance.
Councilman Berkman moved to authorized staff to draft an amendment to the ordinance to reflect that from 8:00 PM to 7:00 AM weekdays and from 8:00 PM to 8:00 AM on Saturdays, Sundays and holidays excavation, erection, demolition, alteration, repair or major construction be restricted to prohibit noise. Councilman Benevente seconded.
Roger Wernow, 505 N. Miramar, distributed photographs and played a tape with noises from the construction site adjacent to the Surfrider and requested that the noise be further restricted.
Councilman Berkman amended his motion to indicate weekday hours from 8:00 PM to 7:30 AM. Councilman Benevente accepted the revision. Motion carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – May 2005
B. Report from Town Attorney
Attorney Gougelman had no report.
XI.REPORTS
A. Mayor Trott thanked the Police and Fire Department for rescuing his boat.
B. Deputy Mayor McCabe reported on a Water Supply Meeting and announced a neighborhood meeting July 17 at 7:00 PM at Sunrise Park.
C. Councilman Benevente announced the Space Coast League of Cities on July 11 in Indian Harbor Beach and the conference August 18 in Orlando. He also reported that Rep. Needelman was looking into causeway clean-up.
D. Councilman Berkman reported several businesses had thanked the Town Manager and staff for their help this past month.
E. Councilman Bogert thanked the Town Manager for action on the causeway lights.
XII.ADJOURNMENT
The meeting was adjourned at 8:25 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk