TOWN OF INDIALANTIC
Brevard County, Florida 32903
October 17, 2006 Town Hall
MINUTES OF A TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON OCTOBER 17, 2006
PRESENT:
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
ABSENT: Hon. Daniel S. Trott, Mayor
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
Deputy Mayor Benevente called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
III. PUBLIC
John B. MacNeill, 1320 S. Riverside Dr., suggested that since the DOT is making changes to the bridges on the causeway it would be a good time to make room for parking and additional boat ramps on the causeway.
Mr. MacNeill also thanked the outgoing council members for their service to the Town.
Bill Heiss, owner of Scott’s on 5th, requested the Council and Town Manager’s support in enforcing the various code enforcement regulations of the city in particular concerning the establishment located next to his.
The Town Manager gave an update on the situation and advised that it is slated for the Code Enforcement Board.
Scott Smith, 321 7th Ave., noted the cancellation of the Halloween celebration and also commented on the application of Code Enforcement regulations.
Nancee Hay, 136 10th Ave., pointed out that she had worked on the Halloween party for the last 12 years and that this year there were no volunteers. She urged the residents to plan on participating for the next year.
Scott Smith suggested that the Town publicize on the web site the reason for the party’s cancellation.
Robin Johnson, 128 8th Ave., expressed concern with the upcoming mayoral election and received clarification on the election qualification process.
Scott Smith received clarification on the method for recall.
IV. PUBLIC ANNOUNCEMENTS
A. There are currently openings on the Board of Adjustment, Budget and Finance Committee, Civil Service Board, Zoning and Planning Board, and Parks, Recreation and Beautification Committee
B. There will be an opening on the Zoning and Planning Board in November
V. CONSENT AGENDA
A. Minutes No. 06-13– Regular Meeting – September 19, 2006
B. Approval of an Interlocal Agreement with Brevard County for traffic signal maintenance
C. Final budget adjustments for FY-06
D. Acceptance of the performance evaluations for the Town Manager for the period of September 27, 2005 through September 26, 2006
E. Approval to declare a 1998 Crown Victoria police car as surplus and authorization for the Town Manager to dispose of it
F. Approval of a positive salary adjustment for the Town Manager
G. Approval of planning consultant ranking and authorization for the Town Manager to negotiate with the #1 ranked firm
H. Approval of the pest control bid and award of contract to TruGreen ChemLawn in the amount of $8,628 per year
I. Approval to request the Board of County Commissioners to exempt Brevard County from the provisions of Florida Statute 316.2123 permitting the operation of ATVs on unpaved roads under certain conditions
Councilman Bogert moved to accept the Consent Agenda.
Deputy Mayor Benevente requested that Item H be removed for discussion.
Councilman McCabe requested that Items B, F and I be discussed.
Councilman Bogert moved to approve Items A, C, D, E and G. Councilman McCabe seconded. Motion carried unanimously.
As to Item B, the Town Manager clarified that the Town is required to maintain the signals and that the Town does not have a department for that function.
Councilman McCabe moved to approve Item B. Councilman Bogert seconded. Motion carried unanimously.
As to Item F, Councilman McCabe received clarification on the increase.
Councilman McCabe moved to approve a salary increase of 4½%. There was no second.
Deputy Mayor Benevente moved to approve the positive adjustment of 5½%. Councilman Berkman seconded. Motion carried with Deputy Mayor Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Councilman McCabe voted “no.”
As to Item H, Deputy Mayor Benevente expressed dislike with the company based on personal experience.
The Town Manager explained the bidding process and noted that there is a 60-day cancellation provision.
Councilman Berkman moved to approve Item H. Councilman Bogert seconded. Motion carried with Councilman Berkman, Councilman Bogert and Councilman McCabe voting “yes.” Deputy Mayor Benevente voted “no.”
As to Item I, Councilman McCabe received clarification from the Town Manager.
Councilman McCabe stated that he did not support a county-wide ordinance.
Councilman McCabe moved to not support the County’s request in Item I. Councilman Berkman seconded. Motion carried unanimously.
VI. APPOINTMENTS
A. Zoning and Planning Board – 1 opening. Nancee Hay would like to be reappointed
Councilman Bogert moved to reappoint Ms. Hay. Councilman Berkman seconded. Motion carried unanimously.
VII. ORDINANCES
A. Ordinance 06-14 – Amending Chapt. 9 relating to occupational licenses
1. Second reading – by title only
The Town Clerk read the ordinance by title only.
2. Public hearing and adoption
Councilman McCabe moved to accept Ordinance 06-14. Councilman Bogert seconded.
There were no public comments.
Motion carried unanimously.
B. Ordinance 06-15 – Amending Sec. 2-101 relating to Council compensation
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 06-15. Deputy Mayor Benevente seconded.
There were no public comments.
Councilman McCabe pointed out that money could be spent more wisely throughout the Town and that being a Council member is a service to the Town.
Motion carried with Deputy Mayor Benevente, Councilman Berkman and Councilman Bogert voting “yes.” Councilman McCabe voted “no.”
C. Ordinance 07-01 – 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
Councilman Berkman moved to approve Ordinance 07-01. Councilman Bogert seconded.
There were no public comments.
Councilman McCabe received clarification that the ordinance had been re-approved for four or five years and that no problems have been noted.
Motion carried unanimously.
D. Ordinance 07-02 – Extending the sunset provision relating to outdoor display in the C-2 zone
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 07-02. Councilman Bogert seconded.
There were no public comments.
The Town Manager verified for Councilman Berkman that the numbers being used were sufficient to help the smaller business owners.
Motion carried unanimously.
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
A. Discussion and possible action regarding consideration of a charter amendment to enable Future Land Use Map (FLUM) amendment – Requested by Mayor Trott
The Town Manager recommended that this item be tabled until Mayor Trott might be able to address it.
Attorney Gougelman advised that the Council could take no action.
X. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – September, 2006
B. The Town Attorney had no report.
XI. REPORTS
A. Mayor Trott was not present.
B. Deputy Mayor Benevente announced that he would be at the Florida League of Cities Home Rule Committee meeting where a major concern will be the insurance issue.
C. Councilman Berkman wished Councilman McCabe well and welcomed Bob Cochran and Loren Goldfarb as members of the Council.
D. Councilman Bogert had no report.
E. Councilman McCabe thanked everyone for their past support.
XII. ADJOURNMENT
The meeting adjourned at 7:45 pm.
TOWN OF INDIALANTIC
______________________
Vincent Benevente
Deputy Mayor
ATTEST:__________________
Laura Eaton, CMC
Town Clerk