TOWN OF INDIALANTIC
Brevard County, Florida 32903
July 18, 2006 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON JULY 18, 2006
PRESENT:
Hon. Daniel S. Trott, Mayor
Hon. Vince Benevente, Deputy Mayor
Hon. Dave Berkman, Councilman
Hon. Bruce Bogert, Councilman
Hon. Mike McCabe, Councilman
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
Lois Schissel, 440 10th Ave., thanked the Council for the additional trash cans placed on the causeway.
Carol Andren, 906 S. Ramona Ave., Chairman of the Heritage Committee, reported on plans for the Town’s 55th Anniversary in March 2007 and requested a budget increase from $750 to $2,500 to cover costs.
IV. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Board of Adjustment, Budget and Finance Committee, Civil Service Board and Parks, Recreation and Beautification Committee
B. There will be openings on the Civil Service Board and the Parks, Recreation and Beautification Committee in August
C. Qualifying dates for the November 7, 2006 election will be August 21 through September 1, 2006. Seats to be filled are Mayor (currently held by Mayor Trott), Seat 2 (currently held by Councilman McCabe) and Seat 4 (currently held by Councilman Berkman)
V. CONSENT AGENDA
A. Minutes No. 06-09– Regular Meeting – June 20, 2006
B. Approval of FY-07 budget calendar
C. Approval to renew the agreement with Brevard County and Space Coast Emergency Medical Services, P.A. (Dr. McPherson) for medical direction supervision of Town rescue services
D. Approval to renew the Certificate of Public Convenience and Necessity (COPCN) with Brevard County authorizing the Town to provide advanced life support first responder services
E. Approval of a stormwater maintenance agreement with Miramar Condo
F. Approval of audit contract with Hoyman, Dobson & Company, P.A.
Councilman Bogert moved to approve the Consent Agenda. Councilman Berkman seconded.
Councilman McCabe requested that Item E be removed.
Motion to approve Consent Agenda Items A, B, C, D and F carried unanimously.
E. Approval of a stormwater maintenance agreement with Miramar Condo
The Town Manager clarified Item E as to the inspection clause on page 7.
Councilman McCabe moved to approve Item E. Councilman Bogert seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Board of Adjustment – 3 openings. Brian Dullaghan would like to be reappointed
Deputy Mayor Benevente moved to reappoint Mr. Dullaghan. Councilman McCabe seconded. Motion carried with Mayor Trott, Deputy Mayor Benevente, Councilman Bogert and Councilman McCabe voting “yes.” Councilman Berkman voted “no.”
B. Budget and Finance Committee – 2 openings. Jack Kish would like to be reappointed
mastCouncilman McCabe moved to reappoint Mr. Kish. Councilman Bogert seconded. Motion carried unanimously.
VII.ORDINANCES AND RESOLUTIONS
A. Ordinance 06-10 – Amending Sec. 15-18.1(k) to allow full time employees to receive one free parking permit
1. Second reading – by title only
The Town Manager advised that this ordinance had been originated by Deputy Mayor Benevente.
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption
There were no public comments.
Deputy Mayor Benevente moved to adopt Ordinance 6-10. Councilman Berkman seconded. Motion carried unanimously.
B. Ordinance 06-11 – Amending Sec. 7-28 relating to qualifications for volunteer firefighters
1. Second reading – by title only
The Town Clerk read the Ordinance by title only.
2. Public hearing and adoption
There were no public comments.
Councilman McCabe moved to adopt Ordinance 06-11. Councilman Bogert seconded. Motion carried unanimously
C. Ordinance 06-12 – Relating to sexual offenders and predators
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 a correction on page 8 changing a date to 8/15/06.
Councilman Berkman moved to approve Ordinance No. 06-12. Deputy Mayor Benevente seconded.
Attorney Gougelman answered questions concerning challenges to similar ordinances and concerning the registration provisions.
Councilman McCabe pointed out that “August” was missing in discussing birth months on page 11.
Councilman McCabe also requested that a map of the Town be included in the packages.
Mayor Trott pointed out that Indialantic is already covered by existing state and county regulations up to a 1,000 foot radius which encompasses almost the entire Town and that enacting a 2,000 foot radius would transfer any liability solely to the Town.
Attorney Gougelman expounded on liability and the issue of legislative “overkill.”
The following members of the public addressed the issue:
Mary Coggshall, 405 S. Riverside Drive
Loren Goldfarb, 320 Deland Avenue
Scott Smith, 321 Seventh Avenue
Gary Van Zonneveld, 104 First Avenue
Motion to approve Ordinance 06-12 carried with Deputy Mayor Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Mayor Trott and Councilman McCabe voted “no.”
D. Ordinance 06-13 – Amending Sec. 2-173 relating to travel expenses
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption on first reading
Councilman Berkman moved to approve Ordinance 06-13. Deputy Mayor Benevente seconded.
The Town Manager advised that the rates are based on the state allowances.
Scott Smith stated that the newer rates are still not practical.
Motion to approve Ordinance 06-13 carried unanimously.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Set tentative millage rate for FY 06-07 at 4.3313; set date for first public hearing on the millage rate and budget for 7:00 pm on September 5, 2006; set date for second public hearing for 7:00 pm on September 19, 2006; set tentative budget workshop for 6:00 pm on August 15, 2006
Mayor Trott moved to set the tentative millage rate at 4.3313 and approve the proposed hearing and workshop dates. Councilman Bogert seconded. Motion carried unanimously.
B. Discussion and possible action regarding requesting the Florida Department of Transportation to lower the speed limit on Fifth Avenue (requested by Councilman Berkman).
Councilman Berkman moved to reduce the speed limit on Fifth Avenue to 30 mph. Deputy Mayor Benevente seconded.
Councilman Berkman explained that the intent was to try to make the Town more pedestrian friendly and increase business visibility.
Councilman McCabe recommended evaluating Fifth Avenue signage for state compliance.
The Town Manager pointed out that the Town has no authority to lower the speed limit because Fifth Avenue is a state road and that a request would need to be made to FDOT.
The motion was amended to authorize the Town Manager to contact FDOT and request that the speed limit be lowered to 30 mph.
John B. MacNeill, 1320 S. Riverside Dr. and Scott Smith, 321 Seventh Avenue, noted that lowering the speed limit would affect other traffic patterns.
Motion carried with Deputy Mayor Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Mayor Trott and Councilman McCabe voted “no.”
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – June, 2006
B. The Town Attorney had no report.
XI.REPORTS
A. Mayor Trott apologized for his work related absences.
B. Deputy Mayor Benevente announced the next League of Cities dinner.
C. Councilman Berkman had no report.
D. Councilman Bogert commended the police for arresting the bank robber.
E. Councilman McCabe thanked the Town Manager for the lights on the causeway, received clarification on the Fifth Avenue pavers and announced his next neighborhood meeting in Orlando Park.
XII. ADJOURNMENT
The meeting adjourned at 8:55 pm.
TOWN OF INDIALANTIC
______________________
Daniel S. Trott
Mayor
ATTEST:__________________
Laura Eaton, CMC
Town Clerk