PonceInletFL - 07/16/2008 Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Regular Meeting of July 16, 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

Mr. Joulani, Director of Planning and Development

Chief Scales, Fire Chief

Chief Thomas, Police Chief

4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: Councilmember Goudie requested that item 14-F be moved to Presentations. He made a motion for such but it died for lack of a second. Ms. Blissett requested they add a Presentation on the Police Department’s Re-Accreditation Process as item 5-B. All agreed.

5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:

A. Proclamation for the Town’s Regular Election – November 4^th, 2008. Mayor Epps read the proclamation declaring the Town’s 2008 Regular Election. Councilmember Hinson inquired if they could make the Mayor’s term for two years instead of just one year to complete the remaining term. Ms. Clauss stated that the Charter specifically call for the election to be for the fulfillment of the remaining term and the present staggered terms schedule was also set by Charter.

B. Presentation on Police Department Re-Accreditation Process. Chief Thomas stated that the Police Department would be undergoing an extensive evaluation as part of their application for re-accreditation. A team of assessors from the Commission for Florida Law Enforcement Accreditation will arrive Wednesday, July 23^rd to examine all aspects of the police department’s policies and procedures, management, operations, and support services. The general public was invited to offer comments to the assessment team by calling 236-2179 on Thursday, July 24^th between one o’clock and four o’clock in the afternoon.

6. BOARDS AND COMMISSIONS: None.

7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS: None.

8. PUBLIC HEARINGS – ORDINANCES (Second Reading):

A. Second reading / adoption 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 A). Mayor Epps opened for public comment. Frank Delzingaro, 1556 Lang Terrace, Heathrow, stated that he lost a contract on his condominium based on this non-conforming issue because the mortgage company refused financing for a structure which could not be rebuilt. He eventually was able to sell the property but lost ten thousand dollars on the deal. He asked that they pay close attention to this issue and take it seriously. Mayor Epps closed public comment. Councilmember Hinson moved to APPROVE the second reading / adoption of Ordinance 2008-06, 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. Second reading / adoption 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 B). Mayor Epps opened for public comment. Constance Hunder, 4329 South Atlantic Avenue, suggested they limit the use of boat facilities in Ponce Inlet to Town residents and expressed concern about traffic, especially during evacuation times. Allen Watts, Cobb & Cole – representing the Pacetta Group, stated that a Charter is meant to provide a framework for government, not for this and that there are specific areas of law that prohibit attempts to establish regulations which affect fewer than five acres of property. Gary Comfort, 85 Ocean Way Drive, referred to the law which requires the Council place this upon the ballot unless malfeasance of misfeasance exists and asked that if a member is voting “no” that they state why they are doing so. Ms. Cassady stated that an explanation of a “no” vote is not required. Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the second reading / adoption of Ordinance 2008-08, seconded by Councilmember Sturno. Councilmember Hinson stated as an aside that discussions may be forthcoming from the PAC to find a compromise. Ms. Cassady stated that even with that possibility, it is better to pass this ordinance now because it opens more options to them. 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.

9. CITIZENS’ PARTICIPATION:

Gary Comfort, 85 Oceanway Drive, asked that they consider placing the full agenda packet on the website – hyperlinking each item to the agenda itself. Mayor Epps stated that staff will look into this and come back with recommendations.

10. ORDINANCES (FIRST READING) AND RESOLUTIONS:

A. First reading of Ordinance 2008-09, revising Town parking regulations. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, AMENDING CERTAIN SECTIONS OF ARTICLE II, DIVISION 1 OF CHAPTER 74, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES, REGARDING TRAFFICE ENFORCEMENT AS IT RELATES TO STOPPING, STANDING AND PARKING, TO CONFORM TO THE FLORIDA UNIFORM TRAFFIC CONTROL LAW CODIFIED IN CHAPTER 316, FLORIDA STATUTES, AS THE LAW RELATES TO THE NEEDS OF THE TOWN OF PONCE INLET; PROVIDING FINDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, AND SETTING AN EFFECTIVE DATE. Chief Thomas explained that this is a housekeeping ordinance to remove contradictory language and obscure requirements and to update as needed. Vice-Mayor McCormick inquired as to who determines where “no parking” signs are placed. The police chief is charged with this duty and does so only when the situation deems it necessary. Some special events may require these. Mayor Epps opened for public comment. Gary Comfort, 85 Ocean Way Drive, indicated that he felt the removal of language on page 9, section 74-39 and on page 6, section (3)e are substantive changes and worthy of Council discussion. Constance Hunter, 4329 South Atlantic Avenue, expressed concern about allowing parking which would interfere with private driveway use and garbage pick-up. Ginger Bayer, 55 Jennifer Circle, expressed concern regarding the parking of cars along Atlantic Avenue across the street from Harbour Village’s Beach Club. Barbara Davis, 4871 Sailfish Drive, referred to a type on page 6, line 246 ((b) should be (4)) and expressed concern about parking on right-of-ways which are privately maintained and wanted to make sure that they maintain regulations which prevent sidewalks from being obstructed. Margaret Ann McCormick, 4670 Links Village Drive, stated that as she understands it this ordinance is based on State law and that people can park on any right-of-way because it is considered public property. Marlene Johnson, 52 Jennifer Circle, inquired if someone without her permission abandoned a vehicle in front of her house, could they remove it? Mayor Epps closed public comment. Chief Thomas stated that these are not sweeping changes. They all fall under the Uniform Traffic Code. He referred specifically to the concern on page 9 and stated that “practicable” is not an enforceable term and to change it to “shall” would be very problematic because there are too many times which that would be impracticable. On page 6, it is not practical for the police department to give permission for each of these occurrences. Ms. Bayer’s concerns were addressed in that there are now “no parking” signs placed in this location. Regarding parking on sidewalks, this is already prohibited by State law. Regarding vehicle abandonment, there are other laws in place to remove those as well. Councilmember Sturno thanked Chief Thomas for being proactive in cleaning up this ordinance. Councilmember Hinson moved to APPROVE the first reading of Ordinance 2008-09, seconded by Councilmember Sturno. Mayor Epps thanked Chief Thomas for his work on this. 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.

B. First reading of Ordinance 2008-10, adopting the 2006 Edition of the International Property Maintenance Code. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, WITH CERTAIN AMENDMENTS THERETO TO CONFORM TO FLORIDA LAW AND THE TOWN’S EXISTING CODE OF ORDINANCES; REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS, AND STRUCTURES TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY, AND FIT FOR OCCUPANCY AND USE; AMENDING SECTION 18-411 OF THE TOWN OF PONCE INLET CODE OF ORDINANCES ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE; AMENDING CERTAIN SECTIONS OF THE STANDARD UNSAFE BUILDING ABATEMENT CODE ADOPTED IN SECTION 18-211 OF THE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. Ms. Blissett stated that as she looped personally into other cities’ regulations regarding code enforcement, she realized that the Town had not adopted this most recent update. Ms. Cassady explained the changes via memo (Attachment C). Vice-Mayor McCormick moved to APPROVE the first reading of Ordinance 2008-10, 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.

C. Resolution 2008-09, recognizing and confirming a planning and zoning progress regarding build-back of existing non-conforming buildings. 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 RECOGNIZING AND CONFIRMING A PLANNING AND ZONING IN PROGRESS REGARDING BUILD-BACK OF NONCONFORMING STRUCTURES AND BUILDINGS AFTER A NATURAL DISASTER, SUBJECT TO REASONABLE RESTRICTIONS; DIRECTING STAFF TO WORK WITH DILIGENCE TO DRAFT AMENDMENTS TO THE COMPREHENSIVE PLAN AND THE LAND USE AND DEVELOPMENT CODE TO ALLOW BUILD-BACK OF NONCONFORMING BUILDINGS AND STRUCTURES AFTER A NATURAL DISASTER FOR CONSIDERATION BY PLANNING COMMISSION AND TOWN COUNCIL IN PUBLIC HEARINGS; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Cassady stated that this is similar to a “zoning in progress” action – just putting everyone on notice that changes in this area are being worked-through. It does not commit them to grandfathering anything, just notices that they will be looking at specific regulations to permit rebuilding of non-conforming structures in certain situations and under established guidelines. Councilmember Goudie asked if they intended to include single family residences, as he felt they deserve the same consideration as condominiums. Councilmember Hinson stated that he had no problem including the single-family residences but the greater concern was for the condominiums above three stories, as they presently cannot rebuild at all. Mayor Epps opened for public comment. Gary Comfort, 85 Ocean Way Drive, stated that he felt this resolution was a waste of time and that the Charter amendment being proposed to allow the re-building of things which were build in violation of the Charter would be far less well-received so long as single-family homes which were built in compliance with the Codes of that time are at best a “maybe” for re-building. Ms. Cassady indicated that she agreed with Mr. Comfort but still felt the Charter issue must be dealt with first. Mayor Epps closed public comment. Councilmember Hinson moved to APPROVE Resolution 2008-09, 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.

D. Resolution 2008-10, encouraging VOTRAN to maintain current routes. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA REQUESTING THAT THE VOLUSIA COUNTY COUNCIL EXERT ALL POSSIBLE MEANS TO MAINTAIN VOTRAN’S EXISTING ROUTES; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Blissett stated that this resolution had been prepared pursuant to Council’s request at their last meeting. Vice-Mayor McCormick noted that public transportation uses half the fuel of personal transportation and is seventy-two percent safer. Councilmember Hinson stated that the Metropolitan Planning Organization is also concerned about VOTRAN decreasing their routes. Mayor Epps stated that she personally knows people who are converting to bus transportation of their own choice and noted there are those who really rely on this service. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE Resolution 2008-10, 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.

E. Resolution 2008-11, supporting continued efforts to seek efficiencies in Fire/EMS and related services through intergovernmental cooperation. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, EXPRESSING THE TOWN’S COMMITMENT TO PARTICIPATE IN A PROCESS TO SEEK EFFICIENCIES IN FIRE, EMS AND RELATED SERVICES THROUGH INTERLOCAL COOPERATION WITH THE MUNICIPALITIES AND COUNTY OF VOLUSIA; PROVIDING FOR CONFLICTS AND SEVERABILITY, SETTING AN EFFECTIVE DATE. Ms. Blissett stated that the Town has and always will find the most cost effective way to provide the high quality, effective Fire and EMS service that our citizens and visitors have come to expect. This resolution simply reaffirms their commitment to that process with neighboring municipalities – seeking whatever efficiencies may be out there. Mayor Epps stated that they are not looking to get rid of their fire department but may find that sharing medical supplies, etc… could save them money. Mayor Epps opened for public comment. Constance Hunter, 4329 South Atlantic Avenue, referred to the ambulance that she had bought for the Town and maybe they could use that. Ms. Blissett noted that they now have an agreement with EVAC so that they may provide transportation services under certain conditions. Chief Scales accomplished this. It was also noted that the there is a distinction between being an ALS or a BLS provider (advanced vs. basic level of service). Ponce Inlet is an ALS provider which is more expensive. Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE Resolution 2008-11, 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, thanked everyone for coming out for this meeting. There was no update to give on WAV because they did not have a meeting.

B. Councilmember Hinson, Seat #4, stated that at the Metropolitan Planning Organization meeting they were told that the improvements to State Road 415 were back at the top of the list and that intersection improvements were second.

C. Vice-Mayor McCormick, Seat #3, thanked everyone for coming out for the meeting.

D. Councilmember Goudie, Seat #2, thanked everyone for attending the meeting and then referred to the FLC protest against hometown democracy and that he felt the language was poorly written. Smart Growth disagreed with this but the Volusia League of Cities agreed to modify their language to encourage education instead of speaking out directly against hometown democracy.

E. Mayor Epps, Seat #1, thanked everyone for coming to the meeting during this high vacation month. She mentioned that there was a group who would be submitting a request of the Town for a donation and asked that they send the application to them. Mayor Epps thanked staff for the water pitchers and plastic cups, stating that this was at her request because they are trying to be as “green” as they can be.

12. CONSENT AGENDA

A. Approval of Town Council Regular Meeting Minutes – June 18 2008.

B. Approval of proceeding with a summer traffic study at a cost of $3,000.

Mayor Epps read the items A through B proposed for approval on the consent agenda. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Hinson requested item 12-B be removed from the consent agenda and placed as item 14-H for discussion. Councilmember Goudie moved to APPROVE item A on the consent agenda, 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.

13. OLD BUSINESS:

A. 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. Ms. Cassady was asked at their last meeting to prepare a recommendation on this issue (Attachment D). Mayor Epps expressed concern about local civic organizations and the County summer program for kids no longer having use of this facility. Councilmember Sturno stated that in reading the legal opinion on this, he felt the idea was fool-hearty and they should not do anything which would jeopardize their tax-exempt status on this property. Councilmember Hinson stated that he would prefer to demolish the Shack and save the cost of insurance for it. Councilmember Goudie stated that he felt the requirement for the applicant to pay five thousand dollars to request a comprehensive plan amendment to allow this was insurmountable. Mayor Epps opened for public comment. Gary Comfort, 85 Ocean Way Drive, stated that he felt that requiring this applicant to pay five thousand dollars represented a double-standard because they integrated the ideas of another business into their own comp plan amendment proposal – thereby sidestepping the five thousand dollar payment requirement. In response to this, Mayor Epps stated that the Comp Plan was worked on for years and these changes were just a part of that. Councilmember Goudie disagreed and stated that these changes took a substantial amount of resources brought about from three attorneys and two builders and wouldn’t have been within the proposal without that. Margaret Ann, McCormick, 4670 Links Village Drive, echoed Councilmember Hinson’s comments – feeling a performance stage in that location would be more of a benefit to the community. Tara Lamb, 145 Bounty Lane, stated that she felt the Cook Shack was very important to their summer program. It is the only shelter they have for the children. Barbara Davis, 4871 Sailfish Drive, stated that she hopes this business will look at other places in Ponce Inlet for their coffee shop, as she feels it would be a welcome addition. Scott Reckner, applicant – co-owner of Ponce Perk, stated that he had a meeting with Town staff where it seemed this proposal could occur and that they intended to donate proceeds to local charities so the civic organizations which had used it in the past would still reap a benefit. As for demolishing it, he did not believe they could do that because it has historic value. Mayor Epps closed public comment. Councilmember Goudie moved to instruct staff to spend up to ten hours of legal time to come up with a solution for this. Motion died for lack of a second. All agreed that discussion of this topic was complete unless the applicant submitted an application for a comp plan amendment.

B. Discussion of appointing a citizen committee to review the role of the Lighthouse Preservation Association. Mayor Epps opened for public comment – all agreed that each could have 10 minutes. Christopher Wickersham, attorney for the Lighthouse Preservation Association, gave the history of this property and the historic monument upon it – referring to the state of disrepair prior to a small group of people taking interest and approaching the Town to see what they could do. That was when the U.S. Department of Interior deeded the property over to the Town for historic purposes only – which is noted within the reverter clause. The theme of recent e-mails seemed to be that this should be used as a revenue source but such use would trigger the reverter clause and the property would go back to the Federal Government. Their financials are audited each year and the Association continues to do the good work it set out to do in the very beginning. Margaret Ann McCormick, 4670 Links Village Drive, stated that the Association has done an outstanding job and the residents have much to be proud of with their Lighthouse. She noted that there are an average of seventy-one volunteer hours per week and two hundred seventy paid hours per week; they receive grants from taxpayers; they purchased property across the street from them; they have six hundred fifty thousand dollars in cash on hand and a five hundred thousand dollar annual payroll. She felt this should all be under the Town’s guidance and that the Association should assist the Town with the operations and maintenance but on a non-exclusive basis and report to the Town Council, which should approve/disapprove activities. The contract which has no renewal date between the Town and the Association refers to the conduct of authorized activities but who authorizes these? The quit claim deed sees the lighthouse as a historic monument, not as a museum, yet monies continue to go into the museum aspect of this. Ms. McCormick felt that residents with valid ID should be able to go to the lighthouse at no cost. She felt that revenues could be shared with other park uses. She suggested an advisory board be appointed to review all practices and documents relative to this. Ed Gunn, 4852 Candlewood Lane and director of the Lighthouse, referred to their articles of incorporation and their responsibility to the public and Council. They meet this with a good quality audit each year, as noted by the Town’s auditor. In 05/06, they discussed combining their budget with the Town’s for GASB requirements and both auditors met and determined how this could be done without combining. Council is represented at all of their meetings and the public is always invited and encouraged to come. Mr. Gunn referred to various members of the Association – individuals who have served as volunteers in their local community and at many other levels. He is proud to work with them. Robyn Hurd, 4924 Sailfish Drive, stated that they cannot create a lease-type of arrangement without tripping the reverter clause. She referred to the idea of this serving as a revenue source for the Town and asked if they thought the Statue of Liberty was paying funds to Manhattan? Judy Picarlo, 32 Carribean Way, and her husband Joe, assumed the Council was aware of all matters with the Association. They are both volunteers and it appears to be run very well – with a sense of pride. It saddens her to think that other residents see this differently. She felt they should leave the lighthouse in the Associations hands. Ginger Bayer, 55 Jennifer Circle, stated that they should look into things before making accusations, as the volunteers feel insulted. She looked into the Town personnel increases since 2005 and found that it wasn’t as much as she would have thought and she was very satisfied with how that was running. She looked into it before making an accusation. Comparatively, she started that she had never seen Mr. Swanhart or Ms. McCormick at an Association meeting. Tony Girolomi, 68 Calumet Drive, stated that he was very insulted. He had previously been voted as the number one volunteer in the State and knew the Association to be one of the finest work forces he had been affiliated with. Tami Lewis, 108 Ponce de Leon Circle, stated that there are stakeholders beyond those of this community. They are the premier lens exhibit in the County and they are open to all Volusia County residents for free each year. All of the Association volunteers doing extensive community service work. Bud Salano, 67 Beverly Hills Avenue, stated that this was a slap in the face – telling the Association they haven’t done their job. How do they think these thirty-eight volunteer members feel? Gary Comfort, 85 Ocean Way Drive, stated that he previously attended the Association meetings and really got into the details of the organization. He knew them to be very conscientious of the fees charged and dollars spent and he wouldn’t support this if the Town were putting the money elsewhere. Gary Swanhart, 32 Coastal Oaks Circle, stated that this is a Town asset on Town property, with half a million in annual salaries, and a million in their coffers. He felt they should come together for a solution. He receives calls that people believe there are irregularities that should be looked into. Mike Bennett, 7811 Bennett Road, South Daytona, director of operations at the lighthouse, stated that he had been coming to the lighthouse for thirty years and had seen many improvements over the years. The Association has proven itself very capable. Julie Davis, 87 Jennifer Circle, stated that her mother was born at the lighthouse, her grandfather was the last lightkeeper, and she grew up across the street from it. She felt they had wonderful volunteers and should drop this subject once and for all. Constance Hunter, 4329 South Atlantic Avenue, stated that she is disgusted with this as the Town should just be glad the Association is making money and doesn’t need them to fund anything. Tara Lamb, 145 Bounty Lane, stated that she takes her classes each year on a field trip to the lighthouse, which is the only free field trip in Volusia County. They part the students enjoy the most is the cottages where they can see how people lived back then. Councilmember Goudie moved to EXTEND the meeting until 10:15, seconded by Councilmember Sturno – passed by consensus 5-0. Frank Vitale, 34 Coastal Oaks Circle, stated that he felt the community should be part of running the lighthouse and the Town should take this over for that to happen. He felt this should be more controlled by the Council. Ann Caneer, 4928 South Peninsula Drive, stated that she felt like the lighthouse was hers and for all the years she worked there, she knew they kept their salaries low – pointing out that their executive director made less than the town manager. Edwin Kronseder, 88 Buschman Drive, stated that he felt they should get a committee to take a look at everything. Gladys Meyer Davis, 87 Jennifer Circle, stated that she was born at the lighthouse and she hopes things don’t change after all the dedicated workers have done their part in this. Mayor Epps closed public comment. Vice-Mayor McCormick stated that the lighthouse is a wonderful monument, not a museum. He regrets that he did not until recently recognize the Town’s fiduciary responsibility for this property. He referred to non-exclusive use concerns, like the problems they faced when they used some of the parking during the Art Show. He was shocked to see the money that was spent on a lens and felt the museum was a deviation from the agreement, as was buying land – and that both could trigger the reverter clause. Councilmember Goudie stated that Ms. McCormick had suggested that the lighthouse was a high dollar revenue generator which should be looked at and that this fishing expedition was nothing more than a revenue hunt. He stated that the books have always been available for anyone to review and he as their Council representative is available. Councilmember Goudie referred to the reverter clause and stated that there is no flexibility with the Federal Government. Councilmember Goudie moved to EXTEND the meeting until 10:40 p.m., seconded by Vice-Mayor McCormick – passed by consensus 5-0. Councilmember Goudie moved that they take no further action on the formation of a committee, seconded by Councilmember Hinson. 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.

14. NEW BUSINESS:

A. Approval of proposed millage rate for fiscal year 2008/2009 and announcement of budget workshop and hearing dates. Ms. Blissett stated that the property appraiser’s office has provided the preliminary tax roll information for establishment of a proposed millage rate. The rolled-back rate for FY 08/09 is 4.44019. Even though this rate is higher than the present millage rate, it is not considered a tax increase because it generates the same amount of revenue, given that property values have decreased. The State adjustment for per capita income provides an adjusted rolled-back rate of 4.46538. This adjusted rolled-back rate is considered a tax increase but is still permitted with a simple majority vote. Vice-Mayor McCormick and Councilmember Sturno indicated they could support the 4.44 rate. Mayor Epps opened for public comment. Gary Comfort, 85 Ocean Way Drive, stated that he did not move to Ponce Inlet because it was cheaper and felt they should adopt the adjusted rate. Councilmember Goudie moved to APPROVE the proposed millage rate of 4.46538, seconded by Councilmember Hinson. This motion PASSED 3-2 with the following vote: Councilmember Sturno – no, Councilmember Hinson – yes, Vice-Mayor McCormick – no, Councilmember Goudie - yes, and Mayor Epps – yes.

B. Consideration of request for waiver from alarm fees. Due to the late hour, this item was removed from the agenda for discussion at the Special Meeting scheduled for July 30, 2008.

C. Discussion of an educational campaign for upcoming referendum for Charter amendments regarding rebuilding of structures in excess of 35 feet high and regarding zoning limitations for dry boat storage facilities. Due to the late hour, this item was removed from the agenda for discussion at the Special Meeting scheduled for July 30, 2008.

D. Approval of the nominee(s) for the Florida Cities of Excellence Award program. Due to the late hour, this item was removed from the agenda for discussion at the Special Meeting scheduled for July 30, 2008.

E. Approval of legal services agreement for transfer from the firm of Langston, Hess, Bolton, Shepard & Augustine, P.A. to the firm of Shepard, Smith & Cassady, P.A. Ms. Cassady stated that the attorneys who have worked specifically for Ponce Inlet are establishing their own firm in a mutually agreeable manner apart from the Langston firm. The Langston firm will no longer have attorneys who specialize in municipal law and are agreeable to the re-assigning of this contract. Other than the name of the firm, everything else would stay the same. They are even located in the same building. Mayor Epps opened for public comment. Tami Lewis, 108 Ponce de Leon Circle, stated that this contract is non-transferable and felt they should go out for bid. Councilmember Goudie moved to extend the meeting until 10:50, seconded by Councilmember Sturno – passed by consensus, 5-0. Gary Comfort, 85 Ocean Way Drive, stated that he is very fond of Ms. Cassady but concerned that she cannot be objective in advising them in this matter. Margaret Ann McCormick, 4670 Links Village Drive, stated that they still have a contract with Langston and that would have to be cancelled. Due to the late hour, this item was removed from the agenda for discussion at the Special Meeting scheduled for July 30, 2008. In the meantime, Council directed staff to seek an outside legal opinion on this matter and that Ms. Cassady provide a letter from the Langston firm on this.

F. Discussion of appointing a citizen committee to review the role of the Lighthouse Preservation Association. This item was moved up on the agenda as item 13-B.

G. Discussion of 2009 Corvette Show. Ms. Blissett explained that the Town had co-sponsored this show successfully for the passed two years and the Ponce Inlet Corvette Club is requesting confirmation on their intent for 2009. All agreed that they would sponsor this again. The date was set for May 16, 2009.

H. Approval of proceeding with a summer traffic study at a cost of $3,000. Due to the late hour, this item was removed from the agenda for discussion at the Special Meeting scheduled for July 30, 2008.

15. FROM THE TOWN MANAGER. Ms. Blissett indicated she had nothing further to report.

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

17. ADJOURNMENT. Mayor Epps adjourned the meeting at approximately 11:00 p.m. announcing the July 30^th, 2008, 6:00 p.m. – Special Council Meeting for Presentation of the ORC Report from DCA on the Comprehensive Plan and possibly 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 August 21^st, 2008, 6:00 p.m. – Special Joint Meeting – Town Council, County Council, and Daytona State College Board of Trustees; 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