TOWN OF INDIALANTIC
Brevard County, Florida 32903
August 15, 2006 Town Hall
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON AUGUST 15, 2006
PRESENT:
Hon. Daniel S. Trott, Mayor
Hon. Vince Benevente, Deputy Mayor
Hon. Dave Berkman, Councilman
Hon. Bruce Bogert, 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
A.Legislative update – Rep. Mitch Needelman
Rep. Needelman reported on the recent state legislative session.
B. John B. MacNeill, 1320 S. Riverside Dr., noted that the new Code Red reverse notification phone system is not reaching all residents.
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. 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)
C. Town Hall will be closed Monday, September 4th, for Labor Day
V.CONSENT AGENDA
A. Minutes No. 06-10– Regular Meeting – July 18, 2006
B. Approval of parking meter use agreement with Java Surf
C. Approval of pay schedule for FY-07
D. Approval of Addendum #2 to the Disaster Debris Removal agreement between the Town and Brevard County
E. Approval to make application for $50,000 in FRDAP funds to improve accessibility in Riverside Park (no local match required)
F. Approval to make application for $50,000 in FRDAP funds to provide better access in Nance Park (no local match required)
G. Approval of a Memorandum of Agreement between the Town, Satellite Beach, Melbourne Beach and the School Board for use of Eau Gallie High School as a joint Emergency Operations Center if necessary
H. Adoption of “Indialantic Firefighters’ Appreciation Week” proclamation
Councilman Bogert moved to approve the Consent Agenda. Deputy Mayor Benevente seconded.
Councilman Berkman requested that Item C be removed for discussion.
Motion to approve Items A, B, D, E, F and G passed unanimously.
The Town Manager clarified that the proposed salaries are based on similar positions throughout the area, with Police and Dispatch rates governed by the PBA contract.
Councilman Berkman moved to approve Item C. Deputy Mayor Benevente seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Civil Service Board – 2 openings. Katherine Kowalski would like to be reappointed
Deputy Mayor Benevente moved to reappoint Ms. Kowalski. Councilman McCabe seconded. Motion carried unanimously.
B. Parks, Recreation and Beautification Committee – Beverly Goldner and Jackie Potts-Hendry would like to be reappointed. Application received from Catherine Berkman
Deputy Mayor Benevente moved to reappoint Ms. Goldner and Ms. Potts-Hendry and to appoint Ms. Berkman. Councilman McCabe seconded. Motion carried unanimously with Councilman Berkman abstaining only on the action regarding Ms. Berkman.
VII.ORDINANCES
A. Ordinance 06-12 – Relating to sexual offenders and predators
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 06-12. Deputy Mayor Benevente seconded.
Councilman Berkman thanked Mary Coggshall for her input and cited her research regarding bus stops and children congregating. He stated that the intent of the ordinance is to establish a higher buffer zone to protect the children.
Mayor Trott reviewed the existing federal, state and county regulations and felt they provided adequate protection.
Lois Schissel, 440 10th Ave., spoke in favor of the ordinance.
Mayor Trott stated his position that residency restrictions do not provide protection and that tougher treatment programs, tougher jail sentences and tougher monitoring are necessary. He recommended taking the proposal to the state level through the Space Coast League of Cities and local state legislators.
Deputy Mayor Benevente noted that the ordinance can be repealed or modified if a better option is presented.
Gary Van Zonneveld, 104 1st Ave., received clarification from Attorney Gougelman on the legal repercussions for a landlord.
Loren Goldfarb, 320 Deland Ave., felt attention should be given to programs to help educate parents and kids.
Attorney Gougelman explained temporary residency restrictions in response to a question from Councilman McCabe.
Councilman McCabe recommended a map be included as part of the ordinance.
Dave DeMitchell, 150 Deland Ave., noted that the exceptions might not cover all instances but supported the ordinance.
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.”
B. Ordinance 06-13 – Amending Sec. 2-173 relating to travel expenses
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 Bogert moved to approve Ordinance 06-13. Councilman Berkman seconded. Motion carried unanimously.
VIII.UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Reconsideration of action taken at the July 18, 2006 meeting regarding requesting the Florida Department of Transportation to lower the speed limit on Fifth Avenue (requested by Deputy Mayor Benevente)
Deputy Mayor Benevente moved to rescind the action taken at the previous meeting and leave the speed limit on Fifth Avenue at 35 mph. Councilman McCabe seconded. Motion carried unanimously.
Mayor Trott called a brief recess.
B. Resolutions 06-04 and 06-05 – relating to two proposed County charter amendments
Deputy Mayor Benevente moved to adopt Resolution 06-04. Councilman Bogert seconded.
Attorney Gougelman advised that State House Bill 194 concerning revisions to annexation laws did not pass.
The Town Manager provided background and indicated that the proposed charter amendments result in the County usurping the authority of the municipalities.
Attorney Gougelman gave additional background advising that the charter amendments set countywide zoning parameters ignoring the Town’s established comprehensive plan and controlling building permits based on service standards.
The Town Manager advised that the requested $5,000 expenditure is to join with the other municipalities in securing legal assistance to challenge the enactment of the amendments.
Carol Andren, 906 S. Ramona, received clarification on judicial review if the charter amendments are placed on the ballot.
Motion to adopt Resolution 06-04 passed unanimously.
Deputy Mayor Benevente moved to adopt Resolution 06-05. Councilman Bogert seconded. Motion carried unanimously.
Deputy Mayor Benevente moved to approve the expenditure of $5,000 for legal fees. Councilman Berkman seconded. Motion carried unanimously.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – July, 2006
B. The Town Attorney had no report.
XI.REPORTS
A. Mayor Trott apologized for his previous outburst.
B. Deputy Mayor Benevente reported that he attended the Florida League of Cities annual conference.
C. Councilman Berkman recommended that the Police Department be pro-active at the annual Halloween party concerning the predator situation.
D. Councilman Bogert commended the police on the arrest of a suspected mugger.
E. Councilman McCabe reported that he had attended an FDEP meeting on the Indian River Lagoon and announced that he will not be seeking re-election.
XII.ADJOURNMENT
The meeting adjourned at 8:50 pm.
TOWN OF INDIALANTIC
______________________
Daniel S. Trott
Mayor
ATTEST:__________________
Laura Eaton, CMC
Town Clerk