PonceInletFL - 06/18/2008 Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Regular Meeting of June 18, 2008

1. CALL TO ORDER: Pursuant to proper notice, Mayor Epps called the meeting to order at 6:00 p.m. in the Council Chambers at 4300 South Atlantic Avenue, Ponce Inlet, Florida.

2. PLEDGE OF ALLEGIANCE: Mayor Epps led the attendees in the Pledge of Allegiance.

3. ROLL CALL:

Council present:

Mayor Epps, Seat #1

Councilmember Goudie, Seat #2

Vice-Mayor McCormick, Seat #3

Councilmember Hinson, Seat #4

Councilmember Sturno, Seat #5

Staff Members Present:

Ms. Blissett, Town Manager

Ms. Cassady, Town Attorney

Ms. Clauss, Assistant Town Manager/Deputy Clerk

Mr. Gunter, General Manager of Public Works

Ms. Konchan, Planning Consultant

Mr. Joulani, Director of Planning and Development

Ms. Richard, Development Review Clerk

Chief Scales, Fire Chief

Chief Thomas, Police Chief

4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: None.

5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:

A. Certificate of Appreciation to Councilmember Hinson. Mayor Epps presented a certificate of appreciation to Councilmember Hinson for his hard work in planning and preparing the Board Appreciation Banquet.

B. Presentation of Cost Allocation and Rate Study by Robert Garner, President of Government Consulting Services Company. Mr. Garner presented the results of his study dated June 9^th, 2008, explaining that this was done as municipalities across the State face a shortage of tax dollars and must look to reduce the subsidies of tax resources for user-based services and charge more of the full cost to that user. Mayor Epps opened for public comment. Gary Comfort, 85 Ocean Way Drive, stated that he understood assigning more full cost to the larger projects but expressed concern about small building / plumbing permits being priced so high as to discourage the obtainment of such. He stated that the Florida Statute which requires these types of permits does so to ensure safe work. Constance Hunter, 4329 South Atlantic Avenue, asked that they look closely at the detail. Mayor Epps closed public comment. Councilmember Goudie move for APPROVAL of directing staff to prepare a rate structure based on a fully-loaded cost methodology, yielding to the recommendations within the study, and to charge a more nominal fee for small projects, seconded by Councilmember Hinson. Vice-Mayor McCormick asked if taxes could go down as a result of this. Mr. Garner stated that taxes are already going down and these would only generate small increases. Ms. Blissett added that this does however provide the direct nexus to the service. Mayor Epps agreed that a sliding scale was preferable for smaller projects. Councilmember Goudie inquired as to how long it had been since the Town did a study of this nature. Ms. Blissett stated that to the best of her knowledge and her eleven years experience here, this had never been done. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

6. BOARDS AND COMMISSIONS:

A. Appointment of Town representative to the Volusia Growth Management Commission. Ms. Blissett introduced Ms. Patricia Heller-Jackson, who had applied for this position. Ms. Heller-Jackson expressed her interest and cited her qualifications for this position. Council thanked her for applying for this important position, as the Town had not had a representative in a year. Mayor Epps referred her to Ann Caneer, former representative, for any questions she might have about this board. Councilmember Sturno moved to APPROVE the appointment of Patricia Heller-Jackson to the Volusia Growth Management Commission, seconded by Councilmember Hinson. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS:

A. Request for tree removal permit for one cedar tree of 10 inches diameter at 4932 South Peninsula Drive. Ms. Richard explained that the applicant, Mr. Robert Scully, submitted an application to tear out and replace his existing driveway, relocate one driveway entrance and add new parking areas. This tree was part of his original request which was heard at the May 21^st meeting but Council determined they would need a health analysis before they would consider the removal of this tree. A health analysis was performed and the tree has 8 inches deep of decay. The Arborist recommended removal. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Hinson moved to APPROVE the removal of the 10 inch cedar at 4932 South Peninsula Drive, seconded by Vice-Mayor McCormick. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

8. PUBLIC HEARINGS – ORDINANCES (Second Reading):

A. Public Hearing for second reading / adoption of Ordinance 2008-07, revising the fees for Town business tax receipts. Ms. Cassady read this ordinance by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, INCREASING MUNICIPAL BUSINESS TAX RATES BY NOT MORE THAN FIVE PERCENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Blissett stated that business tax receipts, formerly known as occupational licenses, are regulated by Section 205 of the Florida Statutes. Section 2.05.0535(3) permits local governments to increase business tax rates up to five percent every other year upon a majority-plus-one vote of the local governing body. The Town increased its rates in 2004 and had not done so previously since 1995. This ordinance proposes a rate increase of slightly less than five percent for all license fees. Mayor Epps opened for citizen comment. Seeing none, Mayor Epps closed citizen comment. Councilmember Sturno moved to APPROVE the second reading of Ordinance 2008-07, seconded by Councilmember Goudie. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – no, Councilmember Goudie - yes, and Mayor Epps – yes.

B. Public Hearing for Resolution 2008-08, adopting the evaluation and appraisal report (EAR) for the Town’s comprehensive plan. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, ADOPTING THE EVALUATION AND APPRAISAL REPORT FOR THE PONCE INLET COMPREHENSIVE PLAN; STATING THE INTENT OF THE TOWN COUNCIL TO AMEND THE COMPREHENSIVE PLAN BASED UPON THE REPORT; AND APPROVING TRANSMITTAL OF THE REPORT TO THE DEPARTMENT OF COMMUNITY AFFAIRS IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES. Ms. Konchan introduced this item via the attached staff report (Attachment A). Mr. Sturno referred to the section within which stated that they would have further public discussion on allowing re-building of the non-conforming structures and asked when that would occur. Ms. Konchan stated that some of this would be later in this meeting, as they discussed having a referendum on the height limitation issue. Other discussion would occur following that referendum in November. Councilmember Sturno noted that they have a hurricane season upon them and he would have liked to see this taken care of earlier. Councilmember Goudie made an observation that the transmitted comprehensive plan incorporates changes that are controversial to the vision. He further noted that the public participation in the actual EAR process was next to none. Mayor Epps requested Ms. Konchan clarify the public participation element of this process. Ms. Konchan stated that the EAR includes a list of the meetings held for public comment as the Town reviewed its present plan while in the process of updating this plan. The Town was in the process of updating the plan prior to the EAR requirement. The Department of Community Affairs (DCA) applauded the Town for its initiative in beginning an update to its plan prior to the mandate. Mayor Epps suggested that language be incorporated within the plan to make sure that the difference of opinions is fairly represented. Ms. Konchan noted that this is within the section on working waterfronts. Mayor Epps opened for public comment. Barbara Davis, 4871 Sailfish Drive, referred to the ORC report on the proposed comp plan amendment that they just received from DCA regarding increase in density issues. She asked how this report and the proposed referendum might affect the EAR and could the Council enact an EAR now that we know our comp plan amendments are not substantiated. Ms. Konchan stated that she feels they will be able to make relatively minor changes to address the DCA concerns, as there is no intention to increase density and they will work to clarify that. Staff has spoken with SJRWMD on the water supply issue and they believe they have a solution. The housing policy needs some work in order to meet affordable housing needs. This all is separate from the EAR which is before them tonight though, as the EAR stands on its own merit and is still valid. As a separate issue, staff will be working on the ORC report response for the comp plan amendment. Councilmember Goudie clarified with Ms. Konchan that the PWD would not increase density – this is because it would include the MF2 property, which will actually lower the density. Simone Johnson, representing the Front Street businesses, referred to the visioning process and stated there was never any mention of boatstacks or a 5,000 square foot limitation. She asked that they include the actual visioning report with the DCA submittal. Gary Swanhart, 32 Coastal Oaks Circle, asked who attended these visioning sessions years ago – were they open to the public (editors note: staff later provided him with a list of members, attendees, and yes, they were open to the public). Robyn Hurd, 4923 Sailfish Drive, referred to the hundreds of signatures they were easily able to gather in a few days of citizens clearly sending a message stating that they don’t want boat stacks. Ms. Konchan suggested they might include an additional sentence that stated “As of the adoption of this EAR, a citizens’ petition has been submitted to the Town that would prohibit the construction of boatstacks within the Town Charter”. Councilmember Goudie stated that this is clearly an issue of great concern to the community and it is appropriately discussed here. Ron Kramer, 4595 South Atlantic Avenue, referred to the non-conforming statement and stated that he felt all non-conforming structures should be permitted to build-back. He stated that the first version of the floor area ratio ordinance (FAR) allowed this but the Town changed that prior to adoption without doing an assessment to see how many there were to really judge the impact. Now they know this to be more than 65% of their residential dwellings. Ms. Cassady referred to the FAR ordinance and stated that the reason that grandfathering section was removed was because it only addressed FAR non-conformities, which created an issue of unfairness for others. Prior to the hurricanes of 2004, re-building non-conforming structures was treated more harshly but the courts lightened up on that after seeing so much devastation. For now, they must first address the Charter issue on height; the others will closely follow, to include those created by the FAR ordinance. Vice-Mayor McCormick stated that he felt they should make it clear that it is the Council’s intent to grandfather all non-conformities. Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE Resolution 2008-08, seconded by Councilmember Sturno. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - no, and Mayor Epps – yes.

9. CITIZENS’ PARTICIPATION:

Margaret Ann McCormick, 4670 Links Village Drive, signed up to speak on the Lighthouse oversight and status. She stated that she has read the policies and procedures of the Lighthouse and reviewed their audit report. She has questions and she’s discussed these with other citizens. She does not believe that they are ripping off taxpayers but does see that they are generating a lot of revenue and have expenses and thought these might be better included in the Town budget, as the Lighthouse is a component of the Town. She also asked if their board of directors should fall under the Sunshine Law, as with other Town boards. Their volunteer organization clearly takes great pride in what they do but some are paid and it is unknown who or how much but they do have a large salary line item in their budget.

Gary Swanhart, 32 Coastal Oaks Circle, referred to an e-mail that he had received after he made these same types of inquiries to the Town via e-mail. The e-mail called him a “force of one” on this issue. Mr. Swanhart stated that in 1972, the Town made a handshake deal with the Lighthouse Association to run it and they have done a great job and the Lighthouse is one of the reasons he moved here. He noted that as with any 501 organization the Association must work for the benefit of the public. This is primarily a tourist attraction and does not serve to benefit the Town who owns it. He stated that if you are part of the “family” you can do well but it does nothing for the rest of the Town and asked where $500,000 in salaries is going?

10. ORDINANCES (FIRST READING) AND RESOLUTIONS:

A. First reading of Ordinance 2008-06, submitting to the electors a proposed Charter amendment to allow for the reconstruction of buildings higher than 35 feet which are substantially damaged from accidental fires or natural disasters. Ms. Cassady read this ordinance by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF PONCE INLET A PROPOSED AMENDMENT TO SECTION 7.02 OF THE CHARTER OF THE TOWN OF PONCE INLET REGARDING BUILDING HEIGHT LIMITATIONS; PROVIDING BALLOT TITLE, BALLOT SUMMARY AND QUESTION, AND TEXT FOR THE PROPOSED AMENDMENT; PROVIDING DIRECTIONS TO THE TOWN CLERK; PROVIDING FOR THE DATE OF EFFECTIVENESS OF CHARTER AMENDMENT IF APPROVED BY A MAJORITY OF ELECTORS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE FOR THIS ORDINANCE. As per the request of the Town Council, Ms. Cassady prepared this ordinance and explained it via the attached memorandum (Attachment B). Mayor Epps opened for public comment. Robyn Hurd, 4923 Sailfish, confirmed that this item did not relate to single family non-conformities, which can be corrected with a change to the land development regulations. Mayor Epps closed public comment. Councilmember Sturno moved to APPROVE the first reading of Ordinance 2008-06, seconded by Councilmember Hinson. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

B. First reading of Ordinance 2008-08, submitting to the electors a proposed Charter amendment regarding dry boat storage facilities. Ms. Cassady read this ordinance by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF PONCE INLET A PROPOSED AMENDMENT TO ARTICLE VII OF THE CHARTER OF THE TOWN OF PONCE INLET REGARDING DRY BOAT STORAGE FACILITIES; PROVIDING BALLOT TITLE, BALLOT SUMMARY AND QUESTION, AND TEXT FOR THE PROPOSED AMENDMENT; PROVIDING DIRECTIONS TO THE TOWN CLERK; PROVIDING FOR THE DATE OF EFFECTIVENESS OF CHARTER AMENDMENT IF APPROVED BY A MAJORITY OF ELECTORS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE FOR THIS ORDINANCE. Upon receipt of the petition signed by more than ten percent of the Town’s registered voters, whose signatures have been verified by the County Supervisor of Elections, Ms. Cassady prepared this ordinance and explained it via the attached memorandum (Attachment C). Ms. Cassady noted that town resident Mr. Comfort had found one discrepancy between the actual petition and this ordinance in proposed referendum question and she recommended that they correct this ordinance to match the petition exactly by inserting the language “of floor area” following 5,000 square feet. Mayor Epps opened for public comment. Barbara Davis, 4871 Sailfish, stated that the political action committee agreed with this change, as the question on the ballot should be consistent with that on the petition. She thanked Council for authorizing the Town Attorney to meet with them and give them the opportunity to re-write this. The Committee’s goal is to maintain the status quo. Allen Watts, Cobb & Cole – representing the Pacetta Group, spoke to the process and stated that this is an attempt to do zoning by a Charter amendment – for which they are now facing the unintended consequences of doing so with the height issue. He stated that zoning by majority rule is not proper, as this should be done according to the rules of zoning – which includes due process, reasonable standards, data and analysis – to protect life, liberty and property from the tyranny of the majority. He stated that a blanket prohibition against something that is not a nuisance is prohibited. Ginger Bayer, 55 Jennifer Circle, stated that she respects Mr. Watts opinion but he is only one attorney and the Committee’s goal is simply to keep things as they are. Mayor Epps closed public comment. Vice-Mayor McCormick stated that he took a tour of the riverfront overlay district (ROD) by boat with the owner of Down the Hatch and he took pictures which clearly do not reflect the vision statement of being a small fishing village. He showed a PowerPoint of these (Attachment D). Councilmember Goudie referred to Mr. Watts comments and stated that in 1996, a supreme court judge disagreed – feeling that a community has the right to decide how it wants to look and can take this to the Charter if the governing body doesn’t honor its wishes. He stated that this referendum would not have been needed if the comp plan had adequately addressed their concerns. Mayor Epps stated that she is supportive of the citizens’ right to petition but has concerns about placing zoning in their Charter. Vice-Mayor McCormick requested they do a public informational campaign for this. Mayor Epps opened for public comment. Rich VanRessler, 4884 Sailfish, stated that the goal of the Committee is simply to keep things as they are. Robyn Hurd, 4923 Sailfish, referred to one of the homes shown on Vice-Mayor McCormick’s PowerPoint as a true fishing village house sample and stated that she sold that home to its present owners and they were reluctant to buy it with the property behind them but relied upon the present zoning to protect them from further development. Their property value will go to dirt if boatstacks go in behind them. Gary Swanhart, 32 Coastal Oaks Circle, stated that this is a B-2 property and may develop now; he doesn’t feel that those who signed the petition were fully aware of the facts in this issue. Margaret Ann McCormick, 4670 Links Village Drive, inquired as to what types of uses were presently permitted on the property. Ms. Cassady read all of them from the land development code. Bob Schamay, 4630 Harbour Village Boulevard, stated that he didn’t feel the ROD property owners were getting a fair shot; they aren’t planning boatstacks like those of Inlet Harbor but rather boat storage facilities – attractive and well-designed. Simone Johnson, 4884 Front Street, stated that they should use the facts when making these decisions and there have been months of work from the planning department, planning board, local planning agency, and town council – where were these 400 people who signed petitions then? She stated that the ROD was never mentioned during the visioning sessions. She further stated that all of the property under discussion is being taxed at its highest and best use, yet they have not been permitted to bring it to that use. Councilmember Goudie clarified that the ROD came out of discussions from the visioning committee – just not the specific term ROD at that time. Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the first reading of Ordinance 2008-08, seconded by Mayor Epps. Mayor Epps confirmed that the Council is under obligation to approve this ordinance and place this item on the November ballot. Councilmember Sturno stated that education will be very important as some of the citizens who signed have since told him that they did not know all the facts when they did. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – no, Councilmember Goudie - yes, and Mayor Epps – yes.

C. Resolution 2008-06, updating the personnel rules and regulations. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA ESTABLISHING OR AMENDING THE TOWN OF PONCE INLET PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Blissett suggested that they remove all reference to increasing the personal leave carry-over from this resolution and adopt the rest as presented. Councilmember Goudie expressed concern about trading the short term disability benefit for dental. Ms. Clauss explained that this was examined following the acceptance of the recommendations of the salary survey, as the Town is the only municipality to offer the short term disability benefit and the Town is the only municipality not to provide dental coverage; cost-wise, they are pretty much equal and management believes the dental coverage will serve the employee better as it is a health benefit. Mayor Epps commended staff for the comprehensive safety manual attachment. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE Resolution 2008-06 as amended to remove the increase to personal leave carryover, seconded by Councilmember Sturno. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

11. FROM THE TOWN COUNCIL:

A. Councilmember Sturno, Seat #5, gave an update from the WAV meeting this morning. They passed a resolution letting SJRWMD know that they disapprove of the idea they are proposing to meter reclaimed water.

B. Councilmember Hinson, Seat #4, thanked everyone for coming to the meeting tonight. It is good to have everyone’s participation whether they agree or disagree with an issue.

C. Vice-Mayor McCormick, Seat #3, referred to some statements made during citizen participation and noted that the Lighthouse Association has purchased property – who does it belong to? Ms. Cassady stated that it belongs to the Association, as the deed is in their name. Vice-Mayor McCormick noted that the ad valorem revenues are going down with the decline in property values…stay tuned as they see how this affects their budget preparation. Vice-Mayor McCormick referred to the lawsuit Hometown Democracy vs. St Pete and the scathing letter from HD – all available on the Florida League of Cities website. Vice-Mayor McCormick stated that the list of possible uses for the ROD area may cause unintended consequences if they prohibit boat storage facilities in this area. Vice-Mayor McCormick referred to the dilemma Votran is facing and suggested they do a resolution to encourage maintaining the present routes – maybe using smaller buses – but to exert all possible effort not to cancel any routes. This resolution will be prepared for their next meeting. Mayor Epps will mention this at VCOG also.

D. Councilmember Goudie, Seat #2, thanked everyone for coming out for the meeting. He thanked Councilmember Sturno for serving as their WAV representative and noted that the issues surrounding their water supply will not go away as it belongs to all but they need policies to regulate the use of it and either WAV or the State will make those policies. Councilmember Goudie stated that there has been a lot of discussion on boatstacks and now this will be decided by the voters.

E. Mayor Epps, Seat #1, stated that the Board Appreciation Banquet was very nice last night – thanking Councilmember Hinson and staff for his work in putting it together. This event is something they try to do each year as a token of appreciation to all of the volunteers who give to their community in ways that would otherwise fall upon the Town government to pay staff to provide. Mayor Epps stated that VCOG will be discussing homelessness, which is a controversial issue in the same way that boatstacks are – where to put the shelter – NIMBY. Mayor Epps stated that VCOG will consider a resolution of support for commuter rail and she intended to vote “yes” for it, unless Council opposed it. None did. Mayor Epps thanked everyone for attending this meeting.

12. CONSENT AGENDA

A. Approval of Town Council Regular Meeting Minutes – May 21, 2008.

B. Approval of Local Planning Agency Meeting Minutes – May 21, 2008.

C. Approval of Local Planning Agency Minutes – June 9, 2008.

D. Approval of general insurance proposal for July 1, 2008-Oct 1, 2009.

E. Approval of allowing the Volusia County Leisure Services to use the Cook Shack for their summer recreation program.

F. Approval of beach ramp beautification projects for the Beach Street Approach and the North Turn Approach, the submission of an application for $20,000 in grant funding from Volusia County, and the commitment of $26,800 in Town funds.

Mayor Epps read the items A through F proposed for approval on the consent agenda. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE items A-F on the consent agenda, seconded by Vice-Mayor McCormick. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

13. OLD BUSINESS: None.

14. NEW BUSINESS:

A. Presentation / discussion of agreement for software purchase from Tyler Technologies – presented by Mike Taylor with the Florida League of Cities(FLC). Mr. Tyler and Chief Scales stated that their 2007 technical evaluation revealed major issues with their current software. As Council is well aware, the Town has struggled with nine year old accounting and planning & development software for the past several years and received an array of write-ups from the Auditor due to its deficiencies. Council budgeted $115,000 for the replacement of this software in the current fiscal year. This amount was determined based on an average of several quotes informally solicited by staff in the preparation of the budget. Upon careful consideration, staff determined that this investment was far too critical to proceed in an RFP process without a professional technology consultant specializing in this. The Florida League of Cities (FLC) was selected, given that they are the most familiar with the Town's technology needs as they had just completed the Town's Technology Survey Update. Funds will need to be transferred within the Administrative Services department to cover this consultant expense in the amount of $18,655. The FLC performed a needs assessment, assisted putting together the selection committee, prepared the RFP and the demo script, handled advertising and mailing to 15 vendors, and performed contract negotiations. The Selection Committee consisted of key personnel who could commit the time necessary for this complete process. The members of this Committee were Jeaneen Clauss - Assistant Town Manager/Deputy Clerk, Dan Scales - Fire Chief (IT manager), Aref Joulani - Director of Planning & Development, and Valerie Arnaud - Utility Billing Clerk. The RFP was created by the FLC and approved by the Committee. Three responses were received. The FLC and Committee reviewed each and short-listed these to the two companies with proven government experience around the country (Springbrook and Tyler). Each of these companies was invited to give a day and a half presentation on their software product. The FLC, the Committee, and key staff members from Administrative Services and Planning & Development were in attendance for the areas of the presentation relative to them. Although either software product would be a major improvement over what we currently have, upon conclusion of these presentations the Committee unanimously agreed that Tyler was the preferred choice. Mr. Joulani stated that this software provided what they needed in the way of workflow monitoring. Ms. Blissett explained the finance details. The software and hardware purchase total is $58,109. Conversion costs are estimated at $23,405-GMP but may be lower. Project management/ professional services/training are estimated at $51,725-GMP but may be lower. Travel expenses are estimated at $19,353-GMP but may be lower. No maintenance fees will apply until six months after full implementation (approximately April 2009). The total cost for this software to include full implementation, conversion, and training is $152,592 plus the $18,655 consultant fee bringing the total project to $171,247. Of this amount, $50,710 should be charged to the water fund as this portion is strictly for the utility billing division. Funds are readily available within the water fund contingency for this. The remaining $120,537 would be charged to Administrative Services - where $115,000 was budgeted for this purpose and other funds are available within for transfer. Mayor Epps commended staff for involving all of the users in the selection process. Councilmember Hinson moved to APPROVE the proposed software purchase from Tyler in the amount of $152,592, seconded by Councilmember Goudie. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

B. Discussion of the ECHO Grant for 143 Beach Street. Ms. Blissett stated that Ms. Hodge from Volusia County is very appreciative of the Town’s attempt to address any potential issues on the front end of this project. To bring Council up to date, Adrian Marks has now been appointed as the project manager, the Historic Board will be hearing this item to determine if a certificate of appropriateness is in order, a timeline is being developed, and there will be monthly updates forthcoming. Though Council had moved on to the next item, due to the fact that no discussion occurred on this one, Councilmember Sturno requested that they return to this item for discussion. He expressed concern that the same types of problems / confusion they may face with the Lighthouse Preservation Association will repeat itself with the Davis House Committee. He stated that the Town has already committed over $400,000 to this project and wanted to know how much more they will put into it. The Committee says they are not going to give advice so they won’t need to comply with the Sunshine Law but they have been giving advice all along. Councilmember Sturno feels that we bought property for one reason and now are being told what to do with it. Councilmember Goudie referred to the history of the Town’s purchase of this property which was recognized as historical in value all along. He stated that the Town is on the hook for other properties as well, indicating this one was of no greater concern in that respect. Ms. Cassady stated that while in the construction phase, they don’t need a management agreement but initially discussed having a preference for this because of being “on the hook”. Ms. Blissett stated that they have accepted the grant and if Council wishes to discuss matters further before they begin expending it, she would need to know that now. All agreed they should proceed with the construction phase.

Councilmember Goudie moved to EXTEND THE MEETING until 10:15 p.m., seconded by Councilmember Hinson. Motion passed by consensus, 5-0.

C. Discussion of ECHO and FRDAP Grants for the Ponce Preserve project. Ms. Blissett stated that though they are happy to report that they have been approved for the FRDAP grant in the amount of $271,222 but they are still short by about $130,000 in funding for completion of this project. Funds are available in Administrative Services to transfer for this. Ms. Blissett recommended that they do so in order to complete the final phase of Ponce Preserve and their obligations for the purchase of the property. Vice-Mayor McCormick referred to the beachwalk portion of this plan and noted that they had discussed previously that this wasn’t necessary with another so close by. Ms. Blissett stated that it is a requirement of the original management agreement though. Mayor Epps opened for public comment. Gary Comfort, 85 Oceanway Drive, stated that he agreed with Vice-Mayor McCormick that the beachwalk was unnecessary and suggested they look into the removal of the requirement for it. Ms. Blissett stated that staff will check into this. Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the transfer of $130,000 from the Administrative Services Fund to the Ponce Preserve fund for completion of this project, seconded by Councilmember Hinson. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

D. Discussion of resolving conflict regarding dry boat storage facilities and structures larger than 5,000 square feet in a Planned Waterfront District. Ms. Cassady stated that this is probably a moot point now, given the citizens’ petition has been completed and the ordinance for referendum is near adoption. Mayor Epps suggested they hold the information for the future – though no one was looking to spend $16,000 for conflict resolution at this time. The discussion then turned to the need for an educational campaign on this referendum. This will be discussed further at the July council meeting.

E. Appointment of Voting Delegate for Florida League of Cities Annual Conference. Councilmember Hinson moved to APPROVE the appointment of the Mayor as the primary voting delegate and the Vice-Mayor as the alternate voting delegate, seconded by Councilmember Sturno. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

F. Discussion of allowing a non-profit business the use of the Cook Shack which is currently restricted to government agencies through its public/institutional zoning. Councilmember Goudie requested this item because he would like for Council to consider directing staff to come forward with language which would allow them to lease the Cook Shack to a non-profit business like the coffee shop being proposed. Raul Rio and Scott Szeker propose to operate a non-profit, small-scale business at the Cook Shack – giving a percentage of their proceeds to local charitable events. It was mentioned that the Lions Club has used this but one hundred percent of their proceeds went to charity. The criterion for this zoning is that any use must serve a public purpose. Councilmember Goudie moved to EXTEND THE MEETING for 5 minutes, seconded by Vice-Mayor McCormick. Motion passed by consensus, 5-0. Ms. Cassady stated that the Town cannot allow its property to be used for a private benefit. The quit claim deed from the County requires that it be used for public purpose. They would also jeopardize their tax exempt status by looking like a business. Council agreed that Ms. Cassady can take a closer look at the proposal and prepare a memo to them with her analysis.

G. Discussion of adopting regulations regarding nuisance lighting. Mayor Epps requested this item because one of their citizens had a problem of this nature in the past and had to go through civil court to get it rectified. Port Orange recently adopted an ordinance addressing this and she thought it would be good if they did too. Ms. Cassady advised that this is not a quick fix but Mr. Joulani will have to be the one to take the lead in it whenever they prioritize it. Mayor Epps opened for public comment. Stan Dromkowski, 4830 South Peninsula Drive, stated that he was the victim in the case Mayor Epps referred to and he was surprised the Town didn’t have regulations that could assist him so that this didn’t go to civil court. Mayor Epps closed public comment. All agreed that this would be added to Mr. Joulani’s list but as a low priority given the comp plan work ahead.

15. FROM THE TOWN MANAGER.

Ms. Blissett read an e-mail from Ms. McCormick where she suggested that a citizen advisory committee be put together to review the role of the lighthouse, etc… Council requested this be added to their next meeting for discussion.

Ms. Blissett stated that she has been looking into putting together a Holiday Festival event which would cost less than $3,000 but she needed to know if Council wanted her to continue that effort – all agreed.

Ms. Blissett referred to the legal bills and stated that she needed policy clarification regarding whether Council wanted the attorney to read and respond to the manager on things received by citizens. After some discussion of the pros & cons, Council agreed that Ms. Cassady and Ms. Blissett should use their best judgment.

Ms. Blissett stated that she had received comments regarding reading citizen comments into the record and suggested they determine if they want to read all or none in the future. Council agreed that they would not read citizen comments into the record in the future – simply note their name as having submitted them.

16. FROM THE TOWN ATTORNEY. Ms. Cassady indicated she had nothing further to report.

17. ADJOURNMENT. Mayor Epps adjourned the meeting at approximately 10:15 p.m. announcing the July 16^th, 2008, 6:00 p.m. – Regular Council Meeting; the July 23^rd, 2008, 6:00 p.m. – Special Council Meeting for FY 08/09 Budget Preparation; the Aug 6^th, 2008, 6:00 p.m. – Special Council Meeting for FY 08/09 Budget Preparation; the Aug 20^th, 2008, 6:00 p.m. – Regular Council Meeting; the Aug 27^th, 2008, 6:00 p.m. – Special Council Meeting for FY 08/09 Budget Preparation; the Sep 3^rd, 2008, 6:00 p.m. – Special Council Meeting – Public Hearing for Millage Rate and Budget; and the Sep 17^th, 2008, 6:00 p.m. – Regular Council Meeting – includes Public Hearing for Millage Rate and Budget.

Respectfully submitted by:

Jeaneen P. Clauss, CMC,

Assistant Town Manager/Deputy Clerk