TOWN OF INDIALANTIC
Brevard County, Florida 32903
December 16, 2004 Town Hall
MINUTES OF A TOWN COUNCIL MEETING HELD ON DECEMBER 16, 2004 AT THE INDIALANTIC TOWN HALL
PRESENT: Hon. Daniel S. Trott, Mayor
Hon. Michael McCabe, Deputy Mayor
Hon. Vince Benevente, 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
Louis Postma, 112 4th Ave., requested that the upcoming lifeguard contract be compared with the previous one relating to areas reserved for swimmers.
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, Budget & Finance Committee, Civil Service Board and Zoning and Planning Board
B. There will be openings on the Budget & Finance Committee, and Zoning and Planning Board in January
C. Candidates for the February 8, 2005 special election to fill Council Seat 4 are Mike Fischer and Lori Tyler with the possibility of additional individuals qualifying by 4:30 pm December 9, 2004
D. Town Hall will be closed December 23rd and 24th for Christmas and December 31st for New Year’s Day
V. CONSENT AGENDA
A. Minutes No. 05-02 – Regular Meeting – November 16, 2004
B. Approval of parking meter use agreement for Bizzarros’ for 2005
C. Approval of parking meter use agreement for Shagg’s for 2005
D. Resolution 05-02 – approving a supplemental Joint Project Agreement with the Florida Department of Transportation and authorizing the Town Manager to act on behalf of the Town – continuation of the Riverside Drive/Fifth Avenue Turn Lane Project (including mast arms)
E. Approval to extend waiving of permit fees for damage incurred due to hurricanes Frances and Jeanne until March 31, 2005
F. Approval of a modification to the Indialantic One/Watson Drive access agreement
G. Approval of Homeland Security Grant in the amount of $73,887.30 non-local monies with a Town match of $8,209.70
Councilman Benevente moved to approve the Consent Agenda. Deputy Mayor McCabe seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Board of Adjustment – 3 openings. Bud Evans, Mike Fischer and Doug Wright would like to be reappointed. Application received from Daniel Sullivan.
Councilman Benevente moved to reappoint Mr. Evans, Mr. Fischer and Mr. Wright. Deputy Mayor McCabe seconded. Motion carried unanimously.
B. Budget and Finance Committee – 1 opening. Norman Greer would like to be reappointed. Application received from Matthew Collins
Deputy Mayor McCabe moved to appoint Mr. Collins. There was no second.
Councilman Benevente moved to reappoint Mr. Greer. Councilman Bogert seconded. Mr. Greer was reappointed with Mayor Trott, Councilman Benevente and Councilman Bogert voting “yes.” Deputy Mayor McCabe voted “no.”
C. Zoning and Planning Board – 2 openings. Rick Bertel and John B. MacNeill would like to be reappointed. Application received from Daniel Sullivan
Deputy Mayor McCabe moved to reappoint Mr. Bertel and Mr. MacNeill. Councilman Benevente seconded. Motion carried unanimously.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinance No. 05-01 – 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
Town Manager Chinault gave background.
Councilman Bogert moved to approve Ordinance No. 05-01. Deputy Mayor McCabe seconded for discussion.
Councilman Benevente disclosed that he had met with Mr. Pepaj, owner of City Tropics Bistro. He moved to amend the motion to approve a six month extension to the sunset provision and read a list of measures Mr. Pepaj stated he would enact to address residents’ concerns and to be used as a basis for extending the sunset provision after the proposed six month term expires.
Deputy Mayor McCabe and Councilman Bogert also disclosed that they had spoken with Mr. Pepaj and residents on both sides of the issue.
Mayor Trott disclosed that he had also met with Mr. Pepaj.
Councilman Bogert and Deputy Mayor McCabe accepted Councilman Benevente’s amendment to the motion.
Attorney Phil Nohrr, representing Mr. Pepaj, turned in a petition supporting the ordinance and presented an exhibit reviewing how the business was attempting to address the litter and noise issues.
The following members of the public addressed the issue:
Laura Lewandowski, 125 8th Ave.
George Gergora, 316 Deland Ave.
Bob Turner, 307 Cocoa Ave.
Richard Hoeper, 306 5th Ave.
Judith Spedding, 129 Ormond Ave.
Tove Smith, 321 7th Ave. entered a petition into the record and read a letter from another resident Lynn Pucci
Michael Carr, 604 N. Riverside Dr.
Kim Meredith, 425 Palmetto Place
Louis Postma
Loren Strand, 120 Ormond Ave.
Lillian Ramey, 230 3rd Ave.
David Watson, 313 7th Ave.
Scott Smith, 321 7th Ave.
Michael Brennan, manager of City Tropics Bistro
Djon Pepaj, 1000 N. Riverside Dr.
Attorney Nohrr rebutted some of the negative comments
Scott Smith entered a video into the record
Jim White, 1002 S. Riverside Dr.
Deputy Mayor McCabe clarified that the ordinance applies only to the outdoor café hours and stated that four months should be sufficient time to correct the problems.
Attorney Gougelman advised that violations of the ordinance would need to be addressed through Code Enforcement.
Councilman Benevente amended the motion to extend the sunset provision for four months. Deputy Mayor McCabe seconded. Motion carried unanimously.
B. Ordinance No. 05-02 – Extending the sunset provision relating to transient signs
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 approve Ordinance No. 05-02. Deputy Mayor McCabe seconded. Motion carried unanimously.
C. Ordinance No. 05-03 – Amending Sec. 17-88 by allowing decorative fences within the front yard areas of commercial properties
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 approve Ordinance 05-03. Councilman Benevente seconded.
Councilman Benevente moved to amend Section 2(e) to allow white fencing only. There was no second.
Judith Spedding, 129 Ormond Ave., received clarification on front decorative fencing and outdoor café fencing.
Motion to approve Ordinance No. 05-03 carried unanimously.
D. Ordinance No. 05-04 – Amending Sec. 15-18.1 by increasing the annual rate for parking spaces covered under agreements
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman Benevente moved to approve Ordinance No. 05-04. Councilman Bogert seconded. Motion carried unanimously.
E. Ordinance No. 05-06 – Extending the sunset provision of Sec. 13-3(e) relating to outdoor display of goods in the C-2 zone
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Town Manager Chinault provided background.
Attorney Gougelman clarified the intent of the ordinance.
Councilman Bogert moved to approve Ordinance No. 05-06. Deputy Mayor McCabe seconded. Motion carried with Mayor Trott, Deputy Mayor McCabe and Councilman Bogert voting “yes.” Councilman Benevente voted “no.”
F. Ordinance No. 05-07 – Amending Sec. 17-132 – 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
The Town Manager gave background.
Councilman Benevente moved to approve Ordinance No. 05-07. Councilman Bogert seconded.
John B. MacNeill, Vice Chairman of the Zoning & Planning Board, clarified that this ordinance merely “cleans up the code” and will be further considered by the Board.
Motion carried with Mayor Trott, Councilman Benevente and Councilman Bogert voting “yes.” Deputy Mayor McCabe voted “no.”
VIII. UNFINISHED BUSINESS
A. Discussion and possible action regarding an ordinance addressing glare in residential districts
Councilman Benevente moved to discuss the issue. Deputy Mayor McCabe seconded.
The Council raised the problems of enforcement, the effect on holiday lighting and the determination of a “nuisance.”
John B. MacNeill spoke in support of an ordinance and clarified some of the items discussed by the Zoning & Planning Board.
Louis Postma questioned the districts to be regulated.
Attorney Gougelman clarified who might be able to enforce the ordinance.
Councilman Bogert moved to refer the ordinance to the Town Attorney for review and clarification. Councilman Benevente seconded.
Attorney Gougelman brought up several issues that need to be addressed by the Council prior to his review.
Councilman Bogert withdrew his motion. Councilman Benevente withdrew the second. There was no action taken.
IX. NEW BUSINESS
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – November, 2004
Mr. Chinault provided additional information on the bike path work being done by DOT.
The Council requested that DOT be asked to minimize the number of trees that will be removed for the bike path and provide replacement trees.
Deputy Mayor McCabe also requested that the use of blocks at the emergency river accesses be extended.
B. The Town Attorney reported on the Duran complaint.
XI. REPORTS
A. Mayor Trott wished all a happy holiday and congratulated the Indialantic Elementary School orchestra on their performance at Disney.
B. Deputy Mayor McCabe announced his neighborhood meeting on Jan. 16 at 2:00 PM at Tampa Ave., reported on a Melbourne Beach meeting to address the wastewater problem and thanked the Town Manager for getting the sidewalk cleared at the Indialantic One site.
C. Councilman Benevente wished everyone a happy holiday, reported on the Space Coast League of Cities “roast” and announced the legislation delegation meeting on Jan. 5 in Viera.
D. Councilman Bogert reported that the South Beaches Coalition meeting had been cancelled.
XII. ADJOURNMENT
The meeting adjourned at 10:25 pm.
TOWN OF INDIALANTIC
________________________
Daniel S. Trott
Mayor
ATTEST:__________________________
Laura Eaton, CMC
Town Clerk