MINUTES

TOWN OF INDIALANTIC REGULAR MEETING OF THE TOWN COUNCIL February 10, 2016

A regular meeting of the Indialantic Town Council was held on Wednesday, February 10, 2016, in Town Hall, 216 Fifth Avenue, Indialantic, Florida, as publicly noticed.

I. CALL TO ORDER:

Mayor Berkman called the meeting to order at 7:00 p.m.

PRESENT: Honorable Dave Berkman Mayor Honorable Stuart Glass Deputy Mayor Honorable Dick Dunn Council Member Honorable Randy Greer Council Member Honorable Jill Hoffman Council Member Paul Gougelman Town Attorney Christopher W. Chinault Town Manager Joan Clark Town Clerk

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:

No public comment was made.

IV. PUBLIC ANNOUNCEMENTS:

Mayor Berkman read the following public announcements:

A. There are currently openings, including reappointments, on the Board of Adjustment; Budget & Finance Committee; Civil Service Board; Code Enforcement Board; General Employees’ Pension Board; Heritage Committee; and the Parks, Recreation and Beautification Committee.

B. There will be openings, including reappointments, on the Budget & Finance Committee; Civil Service Board; Code Enforcement Board; General Employees’ Pension Board; and Parks, Recreation and Beautification Committee in March. Minutes No. 16-05 – Indialantic Town Council February 10, 2016

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V. CONSENT AGENDA:

A. Minutes No. 16-04 – Regular Meeting of January 13, 2016

B. Appointments

a. Board of Adjustment – 2 openings. David Justice and Jeff Schulte would like to be reappointed. Reappoint Mr. Justice and Mr. Schulte. b. Budget & Finance Committee – 1 opening. Vincent Benevente would like to be reappointed. Reappoint Mr. Benevente. c. Heritage Committee – 3 openings. Pam Dunn, Cindy Earp, and Dian Milligan would like to be reappointed. Reappoint Ms. Dunn, Ms. Earp, and Ms. Milligan.

C. Market Adjustment – Maintenance Workers – Approve a $1,000 annual salary market adjustment for maintenance worker positions effective April 1, 2016, to be attractive to individuals with experience and to retain experienced personnel.

D. ABC Stormwater Maintenance Agreement – Approve the stormwater maintenance agreement with ABC Liquors, Inc., for the property located at 300 N. Miramar Avenue.

E. Lifeguard Agreement with Brevard County – Approve the annual agreement for lifeguard services at the beach between Nance Park and Eighth Avenue.

* MOTION By Deputy Mayor Glass; Seconded by Council Member Hoffman, 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. 16-04/Second Reading and Public Hearing: Amending Zoning Code Section 17-4(33), Definition of Height, Building, to provide consistency with prior action of the Council – adopt on 2nd reading.

Mr. Gougelman read the ordinance into the record by title only, as follows:

ORDINANCE NO. 16-04

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA; AMENDING ZONING CODE SECTION 17-4(33), DEFINITION OF HEIGHT, BUILDING, TO PROVIDE CONSISTENCY WITH PRIOR ACTION OF COUNCIL; PROVIDING A SEVERABILITY AND

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INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

* MOTION By Deputy Mayor Glass; Seconded by Council Member Dunn, to adopt Ordinance No. 16-04.

Mayor Berkman opened the hearing to the public. There was no response from those in the assembly.

THE VOTE ON THE MOTION WAS:

AYES: Berkman, Glass, Dunn, Greer, and Hoffman

THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)

B. Ordinance No. 16-05/First Reading: Amending Chapter 7 relating to Fire Prevention and Fire Safety to keep the Town in compliance with current State codes by adopting the National Fire Protection Association (NFPA) 1, Uniform Code 2012, and NFPA 101, Life Safety Code 2012 – approve on 1st reading.

Mr. Gougelman read the ordinance into the record by title only, as follows:

ORDINANCE NO. 16-05

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 7 RELATING TO FIRE PREVENTION AND FIRE SAFETY; AMENDING SECTION 7-60 – CODE ADOPTED; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

* MOTION By Council Member Greer; Seconded by Councilmember Hoffman, to approve Ordinance No. 16-05 on first reading.

Mayor Hoffman opened the hearing to the public. There was no response from those in the assembly.

AYES: Berkman, Glass, Dunn, Greer, and Hoffman

THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)

VII. UNFINISHED BUSINESS:

A. Council Goals – Determine the goals that Council desires to establish for 2016.

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Mr. Chinault advised that he had organized the goals presented by Council members and requested that Council choose the goals it wished to pursue. He noted that some of the item presented were not goals.

Council members reviewed each goal, as follows:

 Provide safe, family-friendly neighborhoods: It was determined that this item was more of a mission statement.

 Maintain a debt-free town government: This item was chosen as a goal.

 Increase productivity leading to a reduction in property taxes: This item was chosen as a goal.

 Retain high quality employees: It was determined that this item was more of a mission statement.

 Provide for employee recognition: This item was chosen as a goal.

Mr. Chinault indicated there were recognitions in place, such as the merit evaluation system and employee recognition awards.

 Provide park and recreational opportunities for residents: It was determined that this item was more of a mission statement.

 Conduct a park and recreational facilities inventory and provide to Parks, Recreation, and Beautification Committee:

Mr. Chinault advised that the Town already had an inventory that was used for insurance information and the Comprehensive Plan. This item was chosen as a goal.

Mayor Berkman asked that something be compiled for resident information (i.e. one information sheet per park with a map as a cover page).

 Provide a 5-year capital budget: This item was chosen as a goal.

 Address drainage needs: This item was chosen as a goal. o Seek non-local funds to complete the Lily drainage project o Develop a brochure depicting the benefit(s) of swales o Develop a schedule reflecting an increase in the number of swales (increase the number of swales built over the upcoming 5 year period) o Seek permission from property owners to install swales in the Town’s rights-of-way

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o Inventory all available property for potential swales including parks, vacant lots, residential properties, commercial properties o Prioritize flooding problems o Develop options to lessen the Town’s stormwater impact in the IRL o Develop an inventory of the number and volume of existing swales o Identify the average number of swales built per year during the last 5 years

Deputy Mayor Glass noted that there were two issues here – one had to do with drainage and the other with retention.

Mr. Chinault stated the Town didn’t really have a problem with flooding as much as ponding because the roads were designed to flow slowly and were bowed. He pointed out that this becomes less intense when the roads were resurfaced.

Following discussion, it was consensus of Council to address the Town’s drainage needs and to develop a plan.

 Review and update all codes as well as general orders/policies of the police and fire/rescue departments: A portion of this item was chosen as a goal – general orders/policies of the police and fire/rescue departments.

It was determined that the code portion of this item be removed from this item since the Code Review Task Force was reviewing the Town’s codes.

 Revise the Town Code of Ordinances to restrict the parking of vehicles in residential front yards: No action taken (on agenda).

 Continue interlocal agreements with the County Fire and Sheriff’s department: No action – interlocal agreements will continue.

 Continue to evaluate improvements to the police side of Town Hall as identified regarding accreditation standards/requirements: No action – to be placed on a future Council agenda for discussion.

Mr. Chinault advised that the Town was looking towards a proposal to make these changes. Mayor Berkman stated he didn’t want to spend dollars without reviewing costs first. He asked that items be listed and discussed by Council.

 Have the TM communicate with Council members on any matters of significance that develop during the week: This item was chosen as a goal. The Town Manager will continue to provide a “Week in Review” report on Fridays.

 Have the TM evaluate department operations and staffing: No determination made.

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Discussion was held with regard to whether this item was measurable, if this was already a part of the Town Manager’s job, or if department operations should be evaluated by an outside party.

Mayor Berkman and Council Member Greer both indicated an interest in seeing department head/department evaluations. Mayor Berkman questioned as to why Council was looking at placing a goal on something the Town Manager should be doing.

Mr. Chinault noted that he would identify some of things that aren’t being done because of staffing. Mayor Berkman pointed out that if there was a problem, department heads should be advising the Town Manager.

Council Member Hoffman thought the goal might be to hold the Town Manager accountable. Mayor Berkman believed this was what the Manager’s evaluation was for.

Mayor Berkman stated the Town had a handful of illegal business, and he would like to see the Manager become proactive with business licenses. Deputy Mayor Glass pointed out that businesses were permitted through zoning regulations.

Mayor Berkman referred to certain businesses (i.e. beauty salons and gyms) and stated that each individual should have a business license (i.e. personal trainers). Deputy Mayor Glass asked where the line should be drawn.

VIII. NEW BUSINESS:

A. May Meeting Date – Determine if Council desires to shift the May 11, 2016, meeting to accommodate Council Member Greer, who is unavailable to meet the week of May 9-13, 2016.

Council Member Dunn questioned as to how the date change would affect the attorney. Mr. Gougelman suggested the meeting be held on the third Monday in May (May 16, 2016).

Mr. Chinault noted that the Code Review Task Force would meet at 3:45 p.m. on that date, but it should adjourn well before 7 p.m.

It was the CONSENSUS of Council to hold the May meeting on Monday, May 16, 2016, at 7:00 p.m.

B. Front Yard Parking Restriction – Determine if Council desires to have front yard parking restrictions considered.

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Council Member Hoffman stated there wasn’t a lot of documentation on this, but it had been heard by Council before. She pointed out that Council had a beautiful Town, and parking in front yards could be an issue. She suggested some kind of code or ordinance be put into effect requiring vehicles be parked in areas other than the front yard.

Mayor Berkman suggested that everyone look around during the next month to see if this was an issue.

Mr. Chinault advised this issue had been discussed by the Zoning & Planning Board in the past, but didn’t go anywhere. He concurred with the Mayor’s suggestion to table the item.

Deputy Mayor Glass stated that many homes had been constructed in the late 50s and earlier and had one car driveways. He didn’t want to require renovations to existing homes. Council Member Dunn pointed out that these homes would be grandfathered in.

Following further discussion, it was the CONSENSUS of Council to table the item for one month to enable members to look around Town and speak to residents to see if there was an issue.

C. Code Review – Signs: Approve engaging the Town Attorney to revise the Town Sign Code at a cost not to exceed $12,000.

Mr. Gougelman advised that all communities ought to be undertaking revisions to their sign codes due to the recent Supreme Court decision in Reed v. Town of Gilbert, AZ. He stated that his firm was doing this for a number of cities and the fee normally runs $15,000 to $20,000. He believed he could get the Town’s fee down to $10,000 to $12,000 because of his familiarity with the Town’s Code. He pointed out that it was also possible that other revisions could be made at the same time.

Deputy Mayor Glass noted that this deals with temporary signs. Mr. Gougelman stated the focus would not be on just temporary signs; there were still some outstanding issues.

Deputy Mayor Glass asked if revisions would deal with signs on parked vehicles. Mr. Gougelman indicated it could.

* MOTION By Council Member Dunn; Seconded by Council Member Greer, to approve engaging the Town Attorney to revise the Town Sign Code at a cost not to exceed $12,000.

AYES: Berkman, Glass, Dunn, Greer, and Hoffman

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THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)

D. Town Attorney Agreement – Terminate the Agreement for Legal Services with Paul R. Gougelman and approve the agreement with Weiss Serota Helfman Cole & Bierman, P.L.

Mr. Chinault advised that the agreement with Weiss Serota Helfman Cole & Bierman was essentially the same as that with Attorney Gougelman. He noted that future rate increases could be less.

* MOTION By Council Member Hoffman; Seconded by Council Member Greer, to terminate the agreement for legal services with Paul R. Gougelman and approve the agreement with Weiss Serota Helfman Cole & Bierman, P.L.

AYES: Berkman, Glass, Dunn, Greer, and Hoffman

THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)

IX. ADMINISTRATIVE MATTERS:

A. Report from Town Manager

Mr. Chinault advised that the Lily Drainage Project had been approved. He reported that Crossover 14 had been widened and a seating area added; Public Works did a nice job.

He further reported that 960 sea oats were planted by the Orlando Reef Educators’ Organization (OREO) on Saturday, 2/6/16. He commended Linda Postman for leading that effort.

B. Report from Town Attorney

No report.

X. REPORTS:

Council Member Hoffman reported on the February 8th South Beaches Coalition meeting, of which she is Chair.

Council Member Dunn complimented the Town Manager on the weekly report.

Council Member Greer concurred with Council Member Dunn on the weekly updates. He questioned as to whether someone could be cited for parking on someone else’s property when the owner was out of town. Mr. Chinault advised

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that the Police Department could make contact and stated he would look into the matter (corner house on Ramona).

Deputy Mayor Glass commented on the beautiful job done at Riverside Park. Mr. Chinault agreed that Public Works did a great job, and stated he appreciated Council’s support.

Mayor Berkman reported that Florida Tech was having a Botanical Fest on March 5th at Florida Tech.

XI. ADJOURNMENT.

The meeting adjourned at 8:00 p.m.

______Dave Berkman, Mayor

ATTEST:

______Joan Clark, MMC, Town Clerk

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