TOWN OF INDIALANTIC
Brevard County, Florida 32903
August 16, 2005 Town Hall
MINUTES OF A TOWN COUNCIL MEETING HELD ON AUGUST 16, 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 7:15 PM immediately following the budget workshop.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC
There were no public comments.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Board of Adjustment, Civil Service Board, Code Enforcement Board, Parks, Recreation and Beautification Committee and the Zoning and Planning Board
B. There will be an opening on the General Employees’ Pension Board in September
C. Qualifying dates for the November 8, 2005 election for Council Seat 1 (currently held by Councilman Bogert) and Council Seat 3 (currently held by Councilman Benevente) will be August 25, 2005 through September 8, 2005
V.CONSENT AGENDA
A. Minutes No. 05-10– Regular Meeting – July 19, 2005
B. Approval of auditor selection procedures
C. Approval of stormwater maintenance agreement with Land Quest XXVIII, LLC (for AmSouth)
D. Resolution 05-09 - Approval of local hazard mitigation plan
E. Approval to award the bid to the low bidder, and approve a contract with, Fertig’s Sharper Cuts for mowing and landscape maintenance
Councilman Bogert moved to approve the Consent Agenda. Councilman Benevente seconded.
Deputy Mayor McCabe requested to remove Item C.
Motion to approve Consent Agenda Items A, B, D and E passed unanimously.
C. Approval of stormwater maintenance agreement with Land Quest XXVIII, LLC (for AmSouth)
Deputy Mayor McCabe spoke in favor of requiring inspections/and or reports.
The Town Manager gave background on the stormwater maintenance agreement and clarified that inspections are required only if the system is failing or not being maintained. He verified that the Town Engineer and the Town Attorney have reviewed the agreement.
Attorney Gougelman gave background on the City of Melbourne’s use of the program and stated that Melbourne has not had to enforce any violations to date.
Deputy Mayor McCabe moved to approve Item C with an amendment requiring inspection by a professional engineer prior to renewal after 30 years certifying that the system is still functioning. Councilman Benevente moved to approve the agreement with an addendum worded by the Town Attorney. Motion carried unanimously.
VI. APPOINTMENTS
A. Parks, Recreation and Beautification Committee – Beverly Goldner, Don Gust and Jackie Potts-Hendry would like to be reappointed
Councilman Benevente moved to reappoint Ms. Goldner, Mr. Gust and Ms. Potts-Hendry. Deputy Mayor McCabe seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance No. 05-12 – Amending Sec. 10-13 – noise
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman Berkman moved to approve Ordinance 05-12. Councilman Benevente seconded.
Joan Mishou, 505 N. Miramar, Surfrider Condo, received clarification on when the ordinance takes effect.
Attorney Gougelman outlined the enforcement process.
Motion to approve Ordinance No. 05-12 carried unanimously.
B. Ordinance No. 05-13 – Amending Sec. 6-181 – impact fees for emergency services
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Deputy Mayor McCabe moved to approve Ordinance 05-13. Councilman Bogert seconded.
Louis Postma, 112 4th Ave., received clarification from the Town Attorney on the $35.00 EMS assessment being levied by the County.
Motion to approve Ordinance No. 05-13 carried unanimously.
C. Ordinance No. 05-14 – Amending the Town Charter to require a majority vote of the electorate to create a Community Redevelopment Agency
The Town Manager explained that this issue was placed on the agenda in a formal manner to fit into the time constraints of the upcoming election if the Council wishes to pursue action.
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Attorney Gougelman pointed out that if there were no other voting considerations at the regular November election, it may be better to provide for a mail ballot election for this item. He provided the following language for inclusion: add after “ on November 8, 2005” near the end of the first page “, or alternatively, if there be no other elections for an office or ballot issues placed on the ballot by Brevard County, then a mail ballot election shall be held.”
Councilman Berkman moved to approve Ordinance No. 05-14 as amended with the language provided by Attorney Gougelman. Councilman Bogert seconded.
Louis Postma thanked the Council for their action in providing this level of protection.
The Town Attorney clarified the effect of the ordinance on possible development.
Motion carried unanimously.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Approval to enter into an interlocal agreement with Brevard County regarding collection of EMS impact fees
The Town Manager provided background and recommended approval pointing out the agreement mirrors the approved Ordinance 05-13.
Councilman Benevente moved to approve the agreement. Deputy Mayor McCabe seconded. Motion carried unanimously.
B. Discussion of interest in proposing the construction of a boat ramp with required parking on the Indialantic side of the Melbourne Causeway (Requested by Councilman Bogert)
Councilman Bogert stated that he was aware of interest from local citizens for boat ramps on the causeway or public access to the area waterways and reported on a meeting he had attended of coastal communities exploring concerns and solutions.
John B. MacNeill, 1320 S. Riverside Dr., further reported on the meeting and urged the Town to explore a boat ramp on the north side of the causeway with accommodations for parking. He also requested that the Town re-review a DEP offer to provide a boat ramp.
The Town Manager clarified that DEP had never offered to construct a boat ramp.
Mr. MacNeill suggested that a boat ramp might be included in the DOT project replacing the relief bridges.
Discussion followed on ways to provide and improve waterway access and the various problems involved.
Lois Schissel, 440 10th Ave., expressed concern with the impending traffic to be generated by the new high rise being built on the western end of the causeway.
C. Discussion and possible action regarding legislative priorities (Requested by Councilman Benevente)
Councilman Benevente requested legislative priorities to be forwarded to the Space Coast League of Cities for consideration.
Councilman Benevente proposed better control on the disposal of waste generated by the gambling ships.
Deputy Mayor McCabe suggested that FDEP develop an approved product list for stormwater treatment devices.
Mayor Trott supported another means of egress from the barrier island.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – July, 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 September 11th meeting at crossover #16 at 7:00 PM. He also thanked those for participating in the visioning workshop and requested that the Town Manager review the intersection of 5th Ave. and Shannon for possible sight problems.
C. Councilman Benevente announced that he would be attending the League of Cities convention in Orlando August 18 through the August 20.
D. Councilman Berkman recommended that workshops be conducted twice a year.
E. Councilman Bogert reported that he had attended the South Beaches Coalition meeting.
XII.ADJOURNMENT
The meeting was adjourned at 8:40 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk