Minutes – Indialantic Town Council November 9, 2016
MINUTES
TOWN OF INDIALANTIC
REGULAR MEETING OF THE TOWN COUNCIL
November 9, 2016
A regular meeting of the Indialantic Town Council was held on Wednesday, November 9, 2016, in Indialantic Town Hall, 216 Fifth Avenue, Indialantic, Florida, as publicly noticed.
I. CALL TO ORDER:
PRESENT: Honorable David Berkman Mayor
Honorable Stuart Glass Deputy Mayor
Honorable Dick Dunn Councilmember
Honorable Randy Greer Councilmember
Honorable Jill Hoffman Councilmember
Paul Gougelman Town Attorney
Christopher W. Chinault Town Manager
Joan Clark Town Clerk
Mayor Berkman called the meeting to order at 7:01 p.m.
II. PLEDGE OF ALLEGIANCE:
Mayor Berkman led the assembly in the Pledge of Allegiance to the Flag of the United States of America.
III. PUBLIC:
There were no speakers under the Public portion of the agenda.
IV. PUBLIC ANNOUNCEMENTS:
Mayor Berkman introduced Council Member Elect Kilcullen. He read the following public announcements into the record:
A. There are currently openings, including reappointments, on the Code Enforcement Board; Heritage Committee; Parks, Recreation and Beautification Committee; and Zoning and Planning Board.
B. There will be openings and reappointments on the Board of Adjustment; Code Enforcement Board; Heritage Committee; Parks, Recreation and Beautification Committee; and Zoning and Planning Board in December.
C. Town Hall will be closed on Friday, November 11th, in observance of Veterans’ Day, and on November 24th and 25th for Thanksgiving.
D. The annual tree lighting will be held on Thursday, December 1st at 7:00 p.m. in Nance Park. A rain date of December 2nd has been scheduled.
E. A Sidewalk Public Forum will be held on Thursday, December 8th at 6:00 p.m. in Council Chambers.
F. Heritage Committee luminaria kits will be available for purchase in Town Hall after Thanksgiving - $5 for 10 LED tea lights and 10 white paper bags.
V. CONSENT AGENDA:
A. (a) Minutes No. 17-01 – Regular Meeting – October 12, 2016
(b) Minutes No. 17-02 – Special Meeting – October 25, 2016
B. Appointments
a. Heritage Committee – 2 openings. Linda Glass and Linda Laibl Paige would like to be reappointed. Reappoint Ms. Glass and Ms. Laibl Paige.
b. Parks, Recreation and Beautification Committee – 2 openings. Jennifer McGill would like to be reappointed. Reappoint Ms. McGill.
c. Zoning and Planning Board – 1 opening. Edwin J. Mackiewicz would like to be reappointed. Reappoint Mr. Mackiewicz.
C. Resolution No. 17-1: Supporting the “Safe Cities, Safe Florida” Initiative through the Florida League of Cities
D. Resolution No. 17-2: Final Budget Adjustment (Budget Adjustment #4) for FY-16
* MOTION By Deputy Mayor Glass; Seconded by Council Member Dunn, to approve the Consent Agenda.
AYES: Berkman, Glass, Dunn, Greer, and Hoffman
THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)
VI. ORDINANCES AND RESOLUTIONS:
A. Ordinance No. 17-1/Second Reading and Public Hearing: Amending Section 15-18.1(j)(E)(i) to allow for prorated amounts for parking meter use agreements under certain circumstances.
Mr. Gougelman read the ordinance into the record by title only, as follows:
Ordinance No. 17-1
an ordinance of the town of indialantic, brevard county, florida; amending section 15-18.1, metered parking; amending section 15-18(j)(e)(i), adding language to allow for prorated amounts for parking meter use agreements under certain conditions; providing a severability/interpretation clause; and providing for an effective date.
* MOTION By Council Member Dunn; Seconded by Council Member Hoffman, to adopt Ordinance No. 17-1 on second reading.
Mayor Berkman opened the hearing to the public. There being no response from those in the assembly, the public portion of the hearing was closed.
AYES: Berkman, Glass, Dunn, Greer, and Hoffman
THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)
VII. UNFINISHED BUSINESS:
A. Speed Humps – Consideration of an alternative rubber hump from that previously approved.
Mayor Berkman recapped Council’s previous actions on speed humps on the 100 blocks of Second and Third Avenues, and the 400 block of Third Avenue. He noted there was some concern about damage to fire trucks and he spoke of the effectiveness of speed cushions, which would allow the wheel base of a fire truck to straddle.[1]
* MOTION By Mayor Berkman; Seconded by Council Member Greer, to change Council’s prior decision and direct staff to go with speed cushions as depicted.
Council Member Dunn advised that speed cushions were used at Patrick Air Force Base and were very effective.
Mayor Berkman opened discussion to the public.
Ms. Eileen Brzozowski, 435 Second Avenue, verified that speed cushions would be installed in only the previously approved locations (100 blocks of Second and Third Avenues and the 400 block of Third Avenue).
AYES: Berkman, Glass, Dunn, Greer, and Hoffman
THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)
B. Sexual Offender / Predator Regulations – Determine if revisions to the Town’s Sexual Offender/Predator Regulations should be considered.
Mayor Berkman recalled that Council had previously discussed the possibility of repealing the Town’s ordinance and falling under Brevard County’s ordinance.
Mr. Chinault advised that page 23 of the information provided depicted Indialantic’s ordinance and page 30 depicted Brevard County’s ordinance.[2]
Mayor Berkman noted that Council had the option to:
- keep the ordinance as is;
- repeal the ordinance and rely on Brevard County’s ordinance; or
- modify the Town’s ordinance to be less restrictive.
Mr. Gougelman explained that option #1, to do nothing, would probably be inconsistent with the Federal Court’s decision. Option #2, to repeal the Town’s ordinance, would make the County’s ordinance effective with a 1000’ radius from schools, etc., where predators could not live, and that map is shown on page 30 (Exhibit C). Option #3, to modify Indialantic’s Code so it did not apply the living sanctions to anybody convicted prior to 2005/2006 when the ordinance went into effect. He explained that the reason Council would do that was because that seems to be the message the Federal Court of Appeals is sending.
Council Member Dunn clarified that if it was prior to 2005/2006, convicted predators could live anywhere in Town. Mayor Berkman asked if the County had the same provision. Mr. Gougelman advised that the County ordinance had the same flaw as the Town’s ordinance.
Following further discussion, it was decided to take no action at this time.
VIII. NEW BUSINESS:
A. Code Review Task Force Report – Accept the report of the Code Review Task Force.
Mr. Chinault commended the Code Review Task Force on its diligence in reviewing each chapter of the Code. He stated he tried to provide Council with an indication of the recommendations of the Task Force, and he recommended Council accept the Code Review Task Force Report.
He advised that upon acceptance by Council, recommendations would be forwarded to applicable Town boards for review and recommendation back to Council. He noted that the Vice Chair of the Task Force, Mr. Vince Benevente, was present to address any questions from Council.
MOTION By Council Member Hoffman; Seconded by Deputy Mayor Glass, to accept the Code Review Task Force report and let it move forward to go to different committees and then come back to the Council.
In response to a question posed by Deputy Mayor Glass about recommendation #12, Mr. Chinault advised that the hours for sales and service of alcohol on Sunday were different from hours on Monday through Saturday.
AYES: Berkman, Glass, Dunn, Greer, and Hoffman
THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)
B. Town Manager’s Employment Agreement – Approve Amendment #22 to the Town Manager’s Employment Agreement, which provides a 2% annual salary increase.
* MOTION By Council Member Dunn; Seconded by Council Member Hoffman, to approve Amendment #22 to the Town Manager’s Employment Agreement.
AYES: Berkman, Glass, Dunn, Greer, and Hoffman
THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)
C. Green Effort Task Force – Consider creating a task force to explore ways that the Town might be more green.
Mayor Berkman noted that a tax had just been passed to clean up the river, and suggested Council assign a Task Force to come up with suggestions for things the Town can do to clean up the environment and river.
Mr. Bill Deluccia, 416 Melbourne Avenue, presented a possible outline of issues/items the Task Force would look at.[3]
Discussion was held with regard to the name of the Task Force (to be determined by membership), and number of members (limited to 10).
Mr. Deluccia provided information on his background and projects he had worked on. Councilmember Dunn suggested Sally Scalera be invited to join the Task Force as a consultant.
* MOTION By Mayor Berkman to accept the Task Force, allow them to come back with a charter and maybe a draft plan, let them work at their own pace, limit them to 10 people, let them choose their own chairman, and not restrict them in any way.
AYES: Berkman, Glass, Dunn, Greer, and Hoffman
THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)
Mr. Chinault advised that when members were identified, the Clerk would contact each for convenient days and times and the first meeting.
IX. ADMINISTRATIVE MATTERS:
Mr. Chinault thanked Council Members for approving the amendment to his contract.
X. REPORTS:
Mayor Berkman advised that the Town had teamed up the Keep Brevard Beautiful and it was going to assist in cleaning up the Town’s beaches.
He presented a letter of appreciation signed by Council and Town employees to Council Member Hoffman for her service to the Town as a member of Council.
XII. ADJOURNMENT.
The meeting adjourned at 7:47 p.m.
______
David Berkman, Mayor
ATTEST:
______
Joan Clark, MMC, Town Clerk
Minutes No. 17-03
Page 6 of 6
[1] See Exhibit A to minutes.
[2] See Exhibits B and C to minutes.
[3] See Exhibit D to minutes