Regular Meeting of the Town Council s1

MINUTES

TOWN OF INDIALANTIC REGULAR MEETING OF THE TOWN COUNCIL August 9, 2017

A regular meeting of the Indialantic Town Council was held on Wednesday, August 9, 2017, in Indialantic 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 Mary Jo Kilcullen 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:

Mr. Larry Maxwell, 423 Ninth Avenue, referred to the special meeting held on July 28th and stated he was disturbed that the Mayor did not allow a presentation from a Council member. He believed the meeting was held prior to the meeting on a social media site and suggested the Town Attorney look into this site.

Ms. Lori Halbert, 343 Orlando Boulevard, believed Mr. Maxwell did not have an understanding of the Sunshine Law.

IV. PUBLIC ANNOUNCEMENTS:

Mayor Berkman read the following public announcements. Minutes – Indialantic Town Council August 9, 2017

A. There are currently openings, including reappointments, on the Board of Adjustment; Parks, Recreation and Beautification Committee; and Police/Fire Pension Board.

B. There will be openings and reappointments on the Board of Adjustment; Heritage Committee; Parks, Recreation and Beautification Committee; and Police/Fire Pension Board in August.

C. Council qualifying dates for the November election will be August 11 through August 25, 2017. Seats to be filled are Council Seat 1, currently held by Randy Greer, and Council Seat 3, currently held by Dick Dunn.

D. The first public hearing on the FY-2018 budget will be held on Wednesday, September 13, 2017, at 7:00 p.m.

E. Town Hall will be closed on Monday, September 4, 2017, in observance of Labor Day.

V. CONSENT AGENDA:

A. Minutes No. 17-11 – Regular Meeting – July 17, 2017 Minutes No. 17-12 – Special Meeting – July 28, 2017

B. Appointments:

a. Board of Adjustment – 1 opening. Brian Dullaghan would like to be reappointed. Reappoint Mr. Dullaghan.

b. Heritage Committee – 1 opening. Linda Coleman would like to be reappointed. Reappoint Ms. Coleman.

c. Parks, Recreation and Beautification Committee – 3 openings. Cathy Berkman, Bernie Gott, and Sarah Horschel would like to be reappointed. Reappoint Ms. Berkman, Mr. Gott, and Ms. Horschel.

d. Police/Fire Pension Board – 2 openings. Michael Casey would like to be reappointed. Confirm Chief Casey’s reappointment by the Police/Fire Pension Board.

C. Italian Ice Concession – Extend Italian Ice Concession to September 30, 2018.

D. Planning Services Agreement with LaRue Planning and Management Services, Inc.

* MOTION By Deputy Mayor Glass; Seconded by Council Member Dunn, to approve the Consent Agenda.

Minutes No. 17-13 Page 2 of 15 Minutes – Indialantic Town Council August 9, 2017

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

THE MOTION CARRIED UNANIMOUSLY. (5 TO 0)

VI. ORDINANCES AND RESOLUTIONS:

A. Ordinance No. 17-13/Second Reading and Public Hearing: Amending Chapter 17- 106.4(7)(f) relating to signs on buildings in shopping centers located on corner lots.

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

ORDINANCE NO. 17-13

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO SIGNS IN SHOPPING CENTERS; AMENDING CHAPTER 17-106.4(7), SHOPPING CENTER DISTRICTS, INDIALANTIC TOWN CODE, BY REVISING SUBPARAGRAPH (F) RELATING TO SIGNS ON BUILDINGS LOCATED ON CORNER LOTS; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

* MOTION By Council Member Greer; Seconded by Council Member Dunn, to adopt Ordinance No. 17-13 on second reading.

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

B. Ordinance No. 17-14(a)/First Reading and Public Hearing: Amending Chapter 17; regulating medical marijuana treatment center dispensing facilities in the same manner as pharmacies within the Town.

C. Ordinance No. 17-14(b)/First Reading and Public Hearing: Amending Chapter 17; prohibiting medical marijuana treatment center dispensing facilities within the Town.

Mr. Gougelman read Ordinance Nos. 17-14(a) and 17-14(b) into the record by titles only, as follows:

ORDINANCE NO. 17-14(A)

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; PROVIDING FOR MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE TOWN; AMENDING SECTION 17-4, TOWN CODE, ADDING, AMENDING, AND REPEALING DEFINITIONS; AMENDING SECTIONS 17-121 THROUGH 17-128, 17-130, AND 17-131, TOWN CODE OF ORDINANCES; REPEALING PROHIBITIONS RELATING TO GROW HOUSES AND MOBILE MARIJUANA DISPENSARIES IN THE R-1-A, R-1-B, R-2, R-3, RP, T, C, C-1, C-2, SC, AND CH ZONING DISTRICTS; PROHIBITING PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES IN THE R-1-A, R-1-B, R- 2, R-3, RP, T, C-2, AND CH ZONING DISTRICTS; SUBSTITUTING THE USE OF “PHARMACY” FOR “DRUG STORES”; PERMITTING PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES IN THE C, C-1, AND SC ZONING DITRICTS; AMENDING SECTION 17-133, TO REPEAL OR AMEND DISTANCE SEPARATION REQUIREMENTS BETWEEN MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES AND CERTAIN SCHOOLS; REPEALING CERTAIN DISTAINCE SEPARATION REQUIREMENTS RELATING TO MARIJUANA TREATMENT FACILITIES; REPEALING OPERATING AND SIGNAGE REQUIREMENTS FOR MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING DISTANCE SEPARATION REQUIREMENTS FOR MEDICAL MARIJUANA TREATMENT CENTERS AND CERTAIN SCHOOLS; PROHIBITING CULTIVATION AND PROCESSING MEDICAL MARIJUANA TREATMENT FACILITIES AT SUCH TIME AS SUCH PROVISION IS NOT PREEMPTED TO THE STATE OF FLORIDA; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

ORDINANCE NO. 17-14(b)

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO ZONING; MAKING FINDINGS; PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE TOWN; AMENDING SECTION 17-4, TOWN CODE, ADDING, AMENDING, AND REPEALING DEFINITIONS; AMENDING SECTIONS 17-121 THROUGH 17-128, 17-130, AND 17-131, TOWN CODE OF ORDINANCES; REPEALING PROHIBITIONS RELATING TO GROW HOUSES AND MOBILE MARIJUANA DISPENSARIES IN THE R-1-A, R-1- B, R-2, R-3, RP, T, C-1, C-2, AND CH ZONING DISTRICTS; REPEALING PROHIBITIONS RELATING TO MOBILE MARIJUANA DISPENSARIES IN THE C AND SC ZONING DISTRICTS; PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES IN THE R- 1-A, R-1-B, R-2, R-3, RP, T, C, C-1, C-2, SC, AND CH ZONING DISTRICTS; AMENDING SECTION 17-133, REPEALING OPERATING, DISTANCE SEPARATION, AND SIGNAGE REQUIREMENTS FOR MEDICAL Minutes No. 17-13 Page 4 of 15 Minutes – Indialantic Town Council August 9, 2017

MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROHIBITING CULTIVATION AND PROCESSING MEDICAL MARIJUANA TREATMENT FACILITIES AT SUCH TIME AS SUCH PROVISION IS NOT PREEMPTED TO THE STATE OF FLORIDA; PROVIDING DISTANCE SEPARATION REQUIREMENTS BETWEEN CERTAIN SCHOOLS AND MEDICAL MARIJUANA TREATMENT CENTERS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Gougelman recalled that the Town Council adopted zoning regulations with regard to marijuana dispensing facilities and prohibiting grow houses. He advised that following a special Legislative Session, a new law preempted all authority for grow houses to the State and dispensing facilities must be treated like a pharmacy or prohibited altogether.

He noted that although Council indicated on a 3/2 vote to treat dispensing facilities like pharmacies, it was decided after discussion with the Town Manager to present both ordinances to provide both options (to treat like pharmacies or to prohibit) for Council consideration.

* MOTION By Council Member Dunn; Seconded by Deputy Mayor Glass, to approve Ordinance 17-14(b).

Council Member Dunn believed Melbourne Beach had taken a similar action. He stated he was in favor of marijuana dispensing facilities; however, Council did not know what would happen in the future. He pointed out that Council could easily change the regulations in the future.

Discussion was held with regard to actions taken by other Florida municipalities, number of dispensing facilities permitted per area, and banking issues.

Council Member Dunn noted that other states that permitted medical marijuana went on to permit recreational marijuana. He stated that potential tax revenues to the State of Florida were an incentive for the State to have something on the ballot for recreational marijuana, and he pointed out that if the Town had a medical marijuana dispensing facility, it could also be a recreational facility.

Mayor Berkman opened the hearing to the public.

Ms. Gabrielle Strand, 120 Ormond Drive, stated she was an epileptic and a cancer survivor and was in favor of a medical marijuana dispensing facility because she could not make it across the bridge to a facility. She asked that Council consider saying “yes.”

Ms. Carol Andren, 906 South Ramona Avenue, stated that medical marijuana might be able to help her as an asthmatic. She understood marijuana was a legal

medication and suggested it be made available with limitations. Mayor Berkman advised that the Town had attempted to allow and regulate location of medical marijuana dispensing facilities but the State had preempted actions taken by Council. Ms. Andren suggested a moratorium rather than a prohibition.

Council Member Dunn stated he voted for medical marijuana on the ballot, but believed there were too many unanswered questions at this time. He believed the Legislature would be reviewing this in January or February, and if it came up with safeguards, he would vote for it again.

Mr. Larry Maxwell, 423 Ninth Avenue, stated that Melbourne placed a 90-day moratorium on medical marijuana dispensaries to see what neighboring municipalities were doing. He suggested Council look at a moratorium.

There being no further questions or comments from those in attendance, Mayor Berkman closed the public portion of the hearing.

VOTE ON MOTION:

AYES: Berkman, Glass, Dunn, and Greer NO: Kilcullen

THE MOTION CARRIED 4 TO 1.

D. Ordinance No. 17-15/First Reading: Amending Town Code Chapter 2, Article VII, Travel by Town Personnel, Section 2-165 by discontinuing the practice of paying for dinners for members to attend the Space Coast League of Cities monthly meetings, excepting the Town hosted meeting.

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

ORDINANCE NO. 17-15

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA; AMENDING TOWN CODE CHAPTER 2, ARTICLE VII, TRAVEL BY TOWN PERSONNEL, SECTION 2-165 BY DISCONTINUTING THE PRACTICE OF PAYING FOR DINNERS FOR MEMBERS TO ATTEND THE SPACE COAST LEAGUE OF CITIES MONTHLY MEETINGS, EXCEPTING THE TOWN HOSTED MEETING; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

* MOTION By Deputy Mayor Glass; Seconded by Council Member Greer, to approve Ordinance No. 17-15.

Deputy Mayor Glass advised that this was all about the $35 per month per member attending the Space Coast League of Cities’ dinner meetings. He noted that the Legislative Session held an attack on home rule and claimed the League of Cities was misleading. He pointed out that the Space Coast League held a business meeting prior to the dinner meeting, which was the social part of the monthly event. He stated that members could attend even if they don’t eat dinner.

Council Member Kilcullen pointed out that there were speakers in attendance at these meetings that provide education for members and have value. She noted that the educational portion of the meeting started during dinner. She further noted that the Town paid the League of Cities $800 in annual dues.

Mayor Berkman pointed out that each member of Council received $200 per month in compensation that could be used towards these meetings.

Deputy Mayor Glass clarified that the Town’s dues for the Space Coast League was $60 per year. He advised that the committee meeting was held from 5:30 to 6:30 p.m., an attitude adjustment held at 6:30 p.m., and dinner at 7:00 p.m. He stated that everyone could attend and if one wanted to eat, the cost was $35.00.

Council Member Kilcullen advised that the dues for the Florida League of Cities were approximately $700 per year.

Council Member Dunn pointed out that the Town had been attending Space Coast League of Cities meetings for approximately 20 years, and he didn’t see the need to change at this point in time.

Ms. Lorraine Schulte, 224 Miami Avenue, questioned as to whether there was any other reason to change this. Mayor Berkman reiterated that Council received $200 each month for expenses, not as a salary.

Ms. Lee Guthrie, 201 Melbourne Avenue, stated that she ran a professional organization. She pointed out that holding a dinner in conjunction with a meeting paid for the meeting space.

Mr. Loren Goldfarb, 320 Deland Avenue, stated that he did not have an opinion with regard to this issue. He advised that at one time Council received only $1 in compensation. He noted that at some point this was changed to cover expenses, and suggested that anyone who ran for Council shouldn’t do it for a salary.

He recalled that in his experience as a Council member, he attended only 3 to 4 meetings per year because most of the speakers weren’t relevant to what Council did and were rarely relevant to what was happening in Town.

Mayor Berkman pointed out that he attend approximately 3 months ago and the subject matter was with regard to “Black Hawk Down”.

Ms. Lori Halbert, Orlando Boulevard, stated that the business meeting was relevant to Town business and the dinner meeting was a social gathering.

Ms. Carol Andren, 906 South Ramona Avenue, supported the comments made by Mr. Goldfarb and Ms. Halbert. She pointed out that the Council term was public service, not a job.

THE VOTE ON THE MOTION WAS:

AYES: Berkman, Glass, Greer NO: Dunn, Kilcullen

THE MOTION CARRIED 3 TO 2.

E. Ordinance No. 17-16/First Reading: Amending Town Code Chapter 2, Article III, Sections 2-104 and 2-105, relating to the calling of special and emergency meetings.

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

ORDINANCE NO. 17-16

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA; AMENDING TOWN CODE CHAPTER 2, ARTICLE III, TOWN COUNCIL, SECTIONS 2-104 AND 2-105, RELATING TO THE CALLING OF SPECIAL AND EMERGENCY MEETINGS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

* MOTION By Deputy Mayor Glass; Seconded by Mayor Berkman, to approve Ordinance No. 17-16.

Deputy Mayor Glass explained that the current code allows Council members to call special meetings, and the proposed ordinance would require concurrence by the Town Manager for a special meeting.

Council Member Dunn noted that the important part of this was in Section 2-105 with regard to emergency meetings, which could only be called when a clear and present emergency affecting the health or welfare of the Town existed. He agreed with the language presented in the ordinance.

Mr. Chinault explained that calling a special meeting was not something a Council member could do on his/her own since members could not communicate with other; the Town Manager and/or Town Clerk had to coordinate and advertise the meeting.

Mayor Berkman pointed out that the current Code required the Manager to schedule a special meeting if called by a Council member.

Council Member Kilcullen, speaking in reference to the special meeting of July 28th, stated she had sent the Manager an email indicating a break in her schedule and the desire to attend the Florida League of Cities’ annual conference. She noted that the Manager had stated that a special meeting could be called for Council approval of her attendance, and as a new member of Council she didn’t know it was a big deal.

Mayor Berkman stated the Manager had no choice; all the ordinance is saying is that the Manager has to concur with the calling of a special meeting.

Mr. Chinault stated that the Town had a very old Code of Ordinances, and he explained that sometimes when things occur it forces Council and/or staff to take a look at the provisions.

Mr. Jason Steele, 343 Orlando Boulevard, couldn’t understand what constituted an emergency in the last situation. He believed the Town Manager should be able to poll members before calling a meeting.

Mr. Gougelman advised that the Town Manager would be uncomfortable polling members about a meeting.

Ms. Gabrielle Strand, 120 Ormond Drive, suggested limiting the number of times a special meeting could be called.

Council Member Greer questioned as to what criteria the Manager had to call or not call a special meeting if requested by a Council member. Mr. Chinault advised that if the matter could wait until the next regular meeting, he wouldn’t call a special meeting. Council Member Greer stated he had no problem with the Manager having some oversight and discretion over special meetings.

Mr. Larry Maxwell, 423 Ninth Avenue, suggested that in light of recent events, there be a cooling off period before consideration of this ordinance. He pointed out that the conference was a educational conference and the new member wanted to be as educated as possible. He stated that because of conference deadlines, the only way to obtain Council approval was to hold a special meeting.

AYES: Berkman, Glass, Dunn, and Greer NO: Kilcullen

F. Resolution No. 17-09 – Establishing criteria for the voluntary distribution of monthly compensation by the Mayor and Council.

* MOTION By Council Member Dunn; Seconded by Council Member Kilcullen, to approve Resolution No. 17-09.

Council Member Dunn explained that the purpose of the resolution was to add structure to Council’s annual efforts to recognize a charitable organization.

Deputy Mayor Glass suggested the resolution be modified to require Council personal rather than Town checks be used; it looks like the Town and not individual members were supporting the charity. Mayor Berkman pointed out that deductions were taken from Council’s monthly checks.

Mr. Larry Maxwell, 423 Ninth Avenue, stated that while he believed this was a good thing, he believed it had become a “look what a great guy I am” and “shame on you” type of situation. He believed this practice should go away because of its potential for embarrassment.

Mr. Loren Strand, 120 Ormond Drive, pointed out that there was a value in making people aware of an organization. Mayor Berkman noted that the Candlelighters received a couple of thousand dollars from residents following Council’s donation.

Discussion was held with regard to the history of Council’s annual donation.

Mayor Berkman requested his next four checks be donated to the Indialantic Volunteer Fire Department.

G. Resolution No. 17-11 – Designating personnel authorized to sign checks for the Town.

Mr. Chinault recalled Council’s approval of the change in banking services from Bank of America to SunTrust. He advised the resolution provided for signature authorization for SunTrust.

* MOTION By Council Member Dunn; Seconded by Deputy Mayor Glass, to approve Resolution No. 17-11.

H. Resolution No. 17-12 – Supporting efforts that lay out a national road map for local communities to follow toward addressing climate change.

This item was tabled at the request of Deputy Mayor Glass.

VII. UNFINISHED BUSINESS:

A. Fifth Avenue Enhancement – Continued discussion.

Mr. Chinault advised this item was waiting on the Parks, Recreation and Beautification Committee.

VIII. NEW BUSINESS:

A. Presentation of Certificate of Completion of the 2017 Institute for Elected Municipal Officials (IEMO) to Council Member Kilcullen.

Mayor Berkman noted the presentation of the certificate would be recorded in the minutes.

Council Member Kilcullen thanked Council members for allowing here to attend and be educated.

B. Discussion of public records requests.

Mayor Berkman explained that Council recently received requests for records that are already public. He advised he called Mr. Gougelman regarding this matter since the records were already public and available electronically. After being advised that the records had to be produced, he requested Mr. Gougelman provide information on Facebook, Nextdoor, Sunshine Law, etc.

Mr. Gougelman stated that, as always the case, the law does not keep up with technology. He indicated he had included two cases relating to public records in Council’s agenda packets and he discussed those cases and outcomes (Brian C. Davison v. Loudoun County Board of Supervisors, et al, and Butler v. City of Hallendale Beach). He pointed out that the law is not settled and it was hard to give advice on what is or is not O.K. He stated he got the sense that social media is a potential trap.

Some points discussed by Mr. Gougelman follow:  It doesn’t matter it it’s a private or public website – members should be very careful about using social media. Information regarding Town business should be copied and provided to the Town Clerk for retention purposes.

 Communication with citizens, even if a member states his or her opinion, is not a violation of the Sunshine Law.  Courts have been very critical of elected officials trading emails with other elected officials on something that may come before the board in the foreseeable future.  You may not ask why or who when a request is made for public records.  Using another person or individual meetings as a conduit is very serious.

Council Member Kilcullen stated she found it very upsetting to be asked for the records from the Nextdoor, but believed they were being requested for a reason. She stated that there were posts removed by the administrator that were official business, and a picture was tampered with that was official business. She suspected this person was taking this to the Ethics Board.

Mayor Berkman asked if anyone knew Dave Wilson. Members indicated they did not.

Mr. Loren Goldfarb, 320 Deland Avenue, spoke of how he became involved with Nextdoor and compared it to Facebook in that it was not started by or owned by the Town of Indialantic. He advised that after the site became controversial, he asked Mr. Loren Strand to assist in the administration of the site and removal of controversial items in accordance with the site’s rules.

He advised that he had received copies of some of the requests and found the phrase “Sunshine State Law” to be odd since that wasn’t the correct terminology and one that is used by a Council member, and he requested copies of emails from Dave Wilson and Council Member Kilcullen and asked a cyber expert to look at the emails.

Mr. Maurie Walters, 800 South Shannon Avenue, cyber security and telecommunications networking professional for approximately 21 years, stated he had examined the headers of several emails and all the messages he looked at, in his opinion, came from the same local area network that was behind the same router or cable modem. In response to a question posed by Mayor Berkman, Mr. Walters explained that in his home he had a wireless network; that’s a local area network, and when he sends an email through hotmail or gmx, etc., it goes over that local area network through a cable modem that you get from an area provider (i.e. Bright House, AT&T). He advised that the modem had an address on it that is identifiable over the network that is unique.

Mayor Berkman asked if it could be concluded that the emails from Dave Wilson and Council Member Kilcullen came from the same address. Mr. Walters advised that the emails he examined came from behind the same router.

Mayor Berkman asked if it was a Sunshine violation for a Council member to send emails back and forth with a number of other members of the Council

regarding a public records request He elaborated on his question by stating that he advised Mr. Wilson that this item was on the agenda for this date and the emails continued. Mr. Gougelman advised he would not say anyone violated the Sunshine Law until he knew more about it; the communication needed to be studied further. Mr. Larry Maxwell, 420 Ninth Avenue, stated that the point he wanted to make earlier was that he believed the special meeting was held on Nextdoor prior to the meeting. He believed the Mayor should hold himself to a higher standard and not use the Nextdoor venue to avoid appearances of behind the scenes communication.

Mayor Berkman stated that the posting advised of a special meeting called for consideration of Council Member Kilcullen going to the League of Cities annual conference. He noted that his post followed with a number of people making comments and opinions on that post.

Mr. Maxwell stated that Town business be posted on the Town’s website, which was where people went to get their information, and suggested Council Members avoid the Nextdoor site.

Mayor Berkman advised that his purpose was to keep the citizens informed. Mr. Maxwell suggested the Town update the website and not move to social media.

Ms. Lori Halbert, 343 Orlando Avenue, stated she didn’t see anything posted by Mayor Berkman on Nextdoor as a problem; she had yet to see him voice an opinion on anything but it sounded like somebody didn’t like the citizens voicing their opinions. She advised Mayor Berkman that she appreciated his posting on Nextdoor. She asked for clarification on earlier information provided about an IP address.

Mr. Loren Goldfarb, 320 Deland, explained that an email that originates from a house or business has a router, and anything outgoing from that location is assigned a series of numbers or IP address. A router has an IP address and it traces the route from where it starts to where it ends up. Anything that emanates from that router has the same IP address. It basically means that two different emails from that that router have the same IP address, whether sent by two different people or by the same person. His understanding is that the emails from Dave Wilson to the Town and from Mary Jo Kilcullen to the Town both have the same IP address.

Mr. Goldfarb referred to the Government-in-the-Sunshine Manual and pointed out “the fact that a city council member has expressed his or her views or voting intent on an upcoming matter to a news reporter prior to the scheduled public meeting does not violate the Sunshine Law so long as the reporter is not being used by the member as an intermediary in order to circumvent the requirements of s.286.011, F.S.” He noted that a Council member could state his or her opinion.

Mr. Gougelman clarified that there are certain parameters (i.e. quasi judicial matters) that the courts don’t want members to pre-judge prior to the public meeting.

Mr. Jim Vaidic, 110 Melbourne Avenue, stated he personally went to the Town’s website to call Waste Management. He pointed out that Nextdoor pops up on his phone and computer and he didn’t have to look for it.

Ms. Ann Bernick, 151 Miami Avenue, stated she didn’t own a router; she freeloaded off her neighbor.

Mr. Vinnie Tarranto, 313 Tenth Terrace, implore Council use social media. He pointed out that younger people do not use websites to get information.

IX. ADMINISTRATIVE MATTERS:

A. Report from Town Manager - None

B. Report from Town Attorney Nextdoor, Facebook, etc., and Public Records – Discussed under item VIII.B.

X. REPORTS:

Council Member Kilcullen advised that members of the Melbourne City Council invited her as their guest at the Florida League of Cities conference.

Council Member Dunn stated that Loren and Carol Andren had reminded him of why he became a member of Council, and he announced that from this day forward he would like to take his name off the list of compensation to allow that money be used for the enhancement of the Town.

Mayor Berkman pledged his next 4 compensation checks to the Indialantic Fire Department and thereafter to the enhancement of the Town (same fund as Council Member Dunn).

XI. ADJOURNMENT.

The meeting adjourned at 9:34 p.m.

______David Berkman, Mayor

ATTEST:

______Joan Clark, MMC, Town Clerk

Minutes No. 17-13 Page 15 of 15