TOWN OF INDIALANTIC
Brevard County, Florida 32903
October 19, 2004 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL OCTOBER 19, 2004.
PRESENT:
Hon. Daniel S. Trott, Mayor
Hon. Vince Benevente, Deputy Mayor
Hon. Bruce Bogert, Councilman
Hon. Cliff Cook, Councilman
Hon. Mike McCabe, 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
Dave Hallac, 430 3rd Ave., commented on coordination and communication problems associated with the lift station project on Riverside Dr.
Scott Smith, 321 7th Ave., provided suggestions regarding the Towns web site.
Shannon Watson, 313 7th Ave., suggested that Council adopt guidelines concerning the posting of information for residents.
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, Zoning and Planning Board and the Civil Service Board
B. There will be openings on the Heritage Committee and Parks/Recreation/Beautification Committee in November
V. CONSENT AGENDA
A. Minutes No. 04-13 Regular Meeting September 14, 2004
B. Minutes No. 04-14 Special Meeting September 28, 2004
C. Approval to declare the 1992 Chevrolet Caprice and the 1988 Ranger pick-up truck as surplus and authorization for the Town Manager to dispose of them
D. Acceptance of the performance evaluations for the Town Manger for the period of September 27, 2003 through September 26, 2004
E. Ratification of action taken at the September 28, 2004 Special Council meeting regarding declaration of the Town as a natural disaster area due to Hurricane Jeanne and suspension of hurricane related permit fees through November 30, 2004
F. Confirmation of the Town Managers authority to sign any and all documents relating to reimbursement of expenses resulting from hurricanes Frances and Jeanne
G. Approval of Proclamation of Recognition for Town employees
H. Approval of Local Law Enforcement Grant application in the amount of $1,439 with required local match funds budgeted in Account 521-6420
Councilman Bogert moved to approve the Consent Agenda. Councilman McCabe seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Zoning and Planning Board One opening. Nancee Hay would like to be reappointed
Deputy Mayor Benevente moved to reappoint Ms. Hay. Councilman Cook seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance No. 04-13 Allowing Building Official to make code interpretations
1. Second reading by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
The ordinance failed for lack of a motion.
B. Ordinance No. 05-01 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
Deputy Mayor Benevente requested that a copy of the ordinance be included in the packets.
The Town Manager gave background on the request for extended hours in strict circumstances.
Deputy Mayor Benevente moved to table the item. There was no second.
Councilman Bogert moved to approve Ordinance No. 05-01. Councilman Cook seconded for discussion.
It was clarified for Councilman McCabe that now only Skewers and City Tropics meet the requirements for the extended hours.
Police Chief Troy Morris reported on police call statistics at City Tropics.
The Town Manager noted that some businesses hire outside security to monitor parking areas.
Councilman Cook pointed out that the extended hours only affect the outdoor area.
The following members of the public spoke on the issue:
Scott Smith 321 7th Ave.
Pinfei (Mike) Yang 217 3rd Ave.
Mike Corcoran landlord of plaza on 5th Ave.
Joe Mann 329 6th Ave.
Lillian Ramey 230 3rd Ave.
Lee Bice-Huba owner of Dreamweavers International Salon on 5th Ave.
Mark Kierstine 2875 Hwy A1A owner of All Promotions, 427 5th Ave.
Julius Thompson 140 4th Ave. City Tropics employee
Dave Hallac 430 3rd Ave.
George Gergora 316 Deland Ave.
Randy Davis 2700 N Hwy A1A City Tropics employee
Shannon Watson 313 7th Ave.
Ms. Watson also read a letter from Jessica Mansfield 225 5th Ave.
Lori Tyler 241 3rd Ave.
Djon Pepaj 1000 N Riverside owner of City Tropics
Mike Smith 305 7th Ave.
Lois Schissel 440 10th Ave.
Laura Rusinko 444 10th Ave.
Melinda Pepaj 1000 N Riverside Dr.
Toba Smith 321 7th Ave.
Gerry Gonsalves 431 3rd Ave.
Nancee Hay 136 10th Ave.
In response to comments from the Council, Mr. Pepaj outlined the steps he has taken and is considering to increase security and clean-up.
The Town Manager suggested that Mr. Pepaj meet with the Police Chief to address security and with some of the residents to discuss cleaning up the neighborhood before the next Council meeting.
Motion to approve Ordinance 05-01 carried with Mayor Trott, Councilman Bogert and Councilman Cook voting yes. Deputy Mayor Benevente and Councilman McCabe voted no.
C. Ordinance No. 05-02 Extending the sunset provision relating to transient signs
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 provided background information.
Councilman Cook moved to approve Ordinance No. 05-02. Deputy Mayor Benevente seconded.
Lori Tyler, 241 3rd Ave., received clarification from the Town Manager that concerns with other types of signs should be brought before the Zoning & Planning Board.
Motion to approve Ordinance No. 05-02 carried unanimously.
D. Ordinance No. 05-03 Amending Sec. 17-88 by allowing decorative fences within the front yard areas of commercial properties
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.
Councilman Bogert moved to approve Ordinance No. 05-03. Councilman Cook seconded.
Mayor Trott commended the Zoning & Planning Board on a thorough job and suggested allowing 6 decorative finial caps above the height restriction.
Councilman Bogert amended his motion to allow the caps. Councilman Cook accepted the change.
The Town Manager advised that the impact on outdoor cafes would also be reviewed.
Councilman McCabe received clarification on prohibiting vegetation and the fence color.
Gabrielle Strand, 120 Ormond Ave., thanked the Zoning and Planning Board for a fair and thorough job and for accepting public input.
Motion to pass Ordinance No. 05-03 as amended carried unanimously.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Discussion and possible action regarding waiving permit fees for damage caused by hurricanes Frances and Jeanne until December 31, 2004
Councilman Bogert moved to waive the permit fees as cited. Deputy Mayor Benevente seconded. Motion carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports September 2004
The Town Manager requested that the Council add an agenda item authorizing him to sign any agreement necessary with the Brevard Work Force Development Board to utilize personnel for hurricane clean up and repair work.
It was the consensus to add the item as New Business Item B.
Councilman Bogert moved to grant the authorization. Deputy Mayor Benevente seconded. Motion carried unanimously.
B. The Town Attorney had no report.
XI.REPORTS
A. Mayor Trott congratulated Deputy Mayor Benevente on having been granted a lifetime membership with the Space Coast League of Cities.
B. Deputy Mayor Benevente reported that the Space Coast League of Cities had appointed him as Chair of the Space Coast League Intergovernmental Committee and requested that any legislative priorities be forwarded to him.
C. Councilman Bogert had no report.
D. Councilman Cook thanked the Town for allowing him to serve and requested the Council to consider a lighting ordinance.
E. Councilman McCabe announced that he has been working with Keep Brevard Beautiful on beach clean-up and that his next neighborhood meeting would be Sunday, November 14 at 2:00 pm in Nance Park.
XII.ADJOURNMENT
The meeting was adjourned at 9:00 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton, CMC
Town Clerk