TOWN OF INDIALANTIC
Brevard County, Florida 32903
November 16, 2005 Town Hall
MINUTES OF A TOWN COUNCIL MEETING HELD ON NOVEMBER 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 7:00 PM.
II.PLEDGE OF ALLEGIANCE
III. OATH OF OFFICE – Councilman Bogert (Seat 1) and Councilman Benevente (Seat 3)
Attorney Gougelman administered the oath of office to Councilman Bogert and to Councilman Benevente.
IV. SELECTION OF DEPUTY MAYOR
Councilman Bogert nominated Councilman Benevente as Deputy Mayor. Mayor Trott seconded. Councilman Benevente was selected unanimously.
V.PUBLIC
There were no public comments.
VI.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, Code Enforcement Board, Heritage Committee, Parks and Recreation Committee, and the Zoning and Planning Board
B. There will be openings on the Budget and Finance Committee, Civil Service Board, Code Enforcement Board, and the Zoning and Planning Board in December
C. Town Hall will be closed November 24th and 25th for Thanksgiving
VII.CONSENT AGENDA
A. Minutes No. 06-01– Regular Meeting – October 18, 2005
B. Resolution 06-01 – Designating personnel authorized to sign checks
C. Approval of Local Law Enforcement Grant application in the amount of $1,000 with required local match funds budgeted in Account 521-6420
D. Approval of Amendment #2 to the Legal Services Agreement with the Town Attorney – extending agreement period and adjusting compensation
E. Approval of letter supporting the adoption of a countywide fireworks ordinance
F. Approval to waive permit fees for damage from Hurricane Wilma until March 31, 2006
G. Approval for the Brevard Watercolor Society to hold an art show in Nance Park March 18-19, 2006
H. Ratification of agreement with the Coastal Florida Police Benevolent Association (PBA)
Deputy Mayor Benevente reported on the Space Coast League of Cities position on Item E concerning revenue from any fines collected.
Deputy Mayor Benevente moved to approve the Consent Agenda. Councilman Bogert seconded.
Councilman McCabe requested that Item E be removed.
The motion was amended to remove Item E and the remainder of the Consent Agenda was approved unanimously.
Councilman McCabe received clarification that the ordinance is county wide.
Attorney Gougelman explained how the exemptions are being tightened and enforcement and penalties were discussed.
Deputy Mayor Benevente moved to approve Item E. Councilman Bogert seconded. Motion carried unanimously.
VIII. APPOINTMENTS
A. Heritage Committee – Todd Deratany would like to be reappointed
Councilman Bogert moved to reappoint Todd Deratany. Councilman Berkman seconded.
The Council discussed attendance at previous meetings and Councilman Berkman pointed out that this committee does not have a limited number of seats.
Loren Goldfarb, 320 Deland Ave., noted the difficulty in filling positions on the various boards and stated that someone willing to give their time should be given the opportunity to serve.
Mr. Deratany was reappointed with Councilman Berkman, Councilman Bogert and Councilman McCabe voting “yes.” Mayor Trott and Deputy Mayor Benevente voted “no.”
B. Parks, Recreation, Beautification Committee – Todd Deratany would like to be reappointed
Councilman Bogert moved to reappoint Mr. Deratany. Councilman McCabe seconded. Motion carried with Deputy Mayor Benevente, Councilman Berkman, Councilman Bogert and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
C. Mayor’s nominations
1. Space Coast League of Cities and alternate – Deputy Mayor Benevente, Mayor Trott
2. Florida League of Cities Retirement, Personnel & Collective Bargaining Policy Committee – Deputy Mayor Benevente
2. Brevard County Water Supply Board – Councilman McCabe
3. South Beaches Coalition – Councilman Berkman
Councilman Bogert moved to accept the Mayor’s nominations. Deputy Mayor Benevente seconded. Motion carried unanimously.
IX.ORDINANCES AND RESOLUTIONS
A. Ordinance 06-01 – Extending the sunset provision relating to transient signs; amending Sec. 17-106.4
1. First reading – by title only
The Town Clerk read the ordinance by title only.
2.Public hearing and approval on first reading
Councilman McCabe moved to approve Ordinance 06-01. Councilman Bogert seconded.
The Town Manager clarified that the sidewalks would not be blocked and explained the change initiated by the Zoning and Planning Board.
John B. MacNeill, 1320 S. Riverside Dr., received clarification on the code change.
Motion to approve Ordinance 06-01 carried unanimously.
B. Ordinance 06-02 – Extending the sunset provision relating to outdoor display 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
Deputy Mayor Benevente moved to approve Ordinance 06-02. Councilman Bogert seconded.
There were no public comments.
Councilman McCabe received clarification on the meaning of “storefront” area.
Motion to approve Ordinance 06-02 carried unanimously.
X.UNFINISHED BUSINESS
A.FY-06 Budget adjustment #2 – speed trailer (tabled at the October 18, 2005 meeting)
Councilman McCabe moved to accept the budget adjustment and purchase a speed trailer. Councilman Berkman seconded.
Sgt. Fuller, Satellite Beach Police Dept., presented a hand-out and explained how the speed trailer provides data for traffic pattern analysis and how it is best utilized in that city.
Sgt. Fuller also explained that Satellite Beach had received a DOT grant for the purchase and answered questions from the Council members.
The following members of the public spoke on the issue:
George Gergora, 316 Deland Ave.
Loren Strand, 120 Ormond Ave.
Loren Goldfarb, 320 Deland Ave.
David Vegotsky, 310 S Shannon
Police Chief Troy Morris explained that while there is no grant available at this time, DOT might possibly open another funding cycle in February 2006. He also advised that the small population of Indialantic might be a disadvantage in procuring such a grant.
Mayor Trott questioned Chief Morris concerning traffic crash data within the Town and the use of police department personnel.
Mayor Trott commented that the Town has other traffic control measures available that are just as effective without the additional cost.
Councilman Berkman called the question.
Mayor Trott suggested the Council delay action to see if grant money does become available.
Chief Morris clarified that any possible grant funds opening up in 2006 would not be available until 2007.
Motion to call the question and accept the budget adjustment and purchase a speed trailer passed with Deputy Mayor Benevente, Councilman Berkman, Councilman Bogert and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
XI. NEW BUSINESS
A. Discussion and possible action regarding scheduling a stormwater workshop in February, 2006 (requested by Deputy Mayor McCabe)
Deputy Mayor McCabe suggested a workshop scheduled in February to identify failing structures and flooded areas, come up with a five-year capital improvement or maintenance plan and research grant availability and state legislature funding. He also recommended inviting representatives from other involved agencies for additional input.
The Town Manager suggested that the Town Engineer also provide a presentation on the report he prepared in 1991 which was approved by the Council.
Councilman Bogert requested that the report be furnished in advance of the workshop.
Councilman McCabe moved to set a date for a workshop in February at the December Council meeting clarifying that he needed to coordinate the date with outside representatives.
Councilman McCabe changed his motion to set a workshop for February 21, 2006 at 6:00 PM. Deputy Mayor Benevente seconded. Motion carried unanimously.
B. Discussion and possible action regarding scheduling public hearings to allow issuing two parking permits to Board/Committee members (requested by Councilmember Berkman)
Councilman Berkman stated that it would be a nice gesture to provide board members with two beach parking permits per family instead of the current one parking permit.
The Town Manager advised that this would require a change in the ordinance.
Councilman Berkman moved to change the ordinance to allow for two beach parking permits for board members. Deputy Mayor Benevente seconded.
John B. MacNeill suggested that the ordinance clarify that the permits remain within the board member’s household.
Motion to change the ordinance carried unanimously.
The Town Manager presented an additional agenda item requesting that the Town Manager be authorized to sign documents to secure state and federal funds relating to expenses from Hurricane Wilma.
Councilman Bogert made the motion for authorization. Councilman Berkman seconded. Motion carried unanimously.
XII.ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – October, 2005
B. Report from Town Attorney
The Town Attorney had no report.
XIII.REPORTS
A. Mayor Trott thanked Mr. Strand and the volunteers at the Halloween party and thanked the Police, Fire and Public Works Departments for their work during Hurricane Wilma.
B. Councilman McCabe noted that the Water Supply Board meeting had been moved to 2/06, commented on the excellent job of staff and volunteers at the Halloween party and announced his neighborhood meeting in Lily Park at 2:00 PM the Sunday before the next Council meeting.
C. Deputy Mayor Benevente announced the League of Cities meeting on 12/12/05 and announced that he would be attending the Florida League conference on 11/17/05. He also received clarification on the Code Enforcement monthly report.
D. Councilman Berkman requested and received clarification from the Town Manager on the impact of the new millage rate.
E. Councilman Bogert had no report.
IVX.ADJOURNMENT
The meeting was adjourned at 8:55 PM.
TOWN OF INDIALANTIC
_________________________
Daniel S. Trott
Mayor
ATTEST:________________________
Laura Eaton
Town Clerk