PonceInletFL - 08/06/2008 Town Council Special Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Special Meeting of August 06, 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, Public Works General Manager

Ms. Konchan, Planning Consultant

Mr. Joulani, Town Planner

Ms. Richard, Associate Planner

Chief Thomas, Police Chief

4. Additions, corrections, or deletions to the agenda: None.

5. Public hearing for second reading / adoption of Ordinance 2008.01 (formerly 2007-15). 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; PROVIDING FOR LARGE-SCALE AMENDMENT TO THE COMPREHENSIVE PLAN OF THE TOWN OF PONCE INLET; AMENDING FUTURE LAND USE ELEMENT, HOUSING ELEMENT, RECREATION AND OPEN SPACE ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENTS ELEMENT; AMENDING TRAFFIC CIRCULATION ELEMENT AND RENAMING: “TRANSPORTATION ELEMENT;” AMENDING UTILITIES ELEMENT AND RENAMING: “SANITARY SEWER, SOLID WASTE, STORMWATER MANAGEMENT, POTABLE WATER, AND NATURAL GROUNDWATER AQUIFER RECHARGE ELEMENT;” AMENDING COASTAL MANAGEMENT/CONSERVATION ELEMENT AND RENAMING: “COASTAL ELEMENT” AND “CONSERVATION ELEMENT;” DELETING CHAPTER X, “MONITORING AND EVALUATION PROCEDURES;” DELETING CHAPTER I, “INTRODUCTION AND OVERVIEW,” AND REPLACING WITH NEW CHAPTER I, “ADMINISTRATION AND INTERPRETATION;” REDESIGNATING PROPERTY KNOWN AS TOWN HALL, APPROXIMATELY 4.7 ACRES LOCATED AT THE NORTHERN TOWN LIMITS BETWEEN ATLANTIC AVENUE AND PENINSULA DRIVE, FROM LOW-DENSITY RESIDENTIAL TO PUBLIC/INSTITUTIONAL; REDESIGNATING PROPERTY KNOWN AS WILBUR BAY WETLANDS, APPROXIMATELY 26.4 ACRES LOCATED WEST OF PENINSULA DRIVE AT THE NORTH TOWN LIMITS SOUTH TO THE CANAL NORTH OF OLD CARRIAGE ROAD, FROM LOW DENSITY RESIDENTIAL TO CONSERVATION; REDESIGNATING APPROXIMATELY 16.3 ACRES OF THE PROPERTY KNOWN AS PONCE PRESERVE, LOCATED IN THE 4400 BLOCK BETWEEN PENINSULA DRIVE AND THE ATLANTIC OCEAN, FROM VARIOUS RESIDENTIAL DESIGNATIONS TO PARKS AND OPEN SPACE; REDESIGNATING PROPERTY KNOWN AS RACING’S NORTH TURN RESTAURANT, LOCATED AT 4511 SOUTH ATLANTIC AVENUE, FROM HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO GENERAL COMMERCIAL; REDESIGNATING APPROXIMATELY 8 ACRES KNOWN AS TIMUCUAN OAKS BOTANICAL GARDENS, LOCATED IN THE 4500 BLOCK OF PENINSULA DRIVE, FROM VARIOUS RESIDENTIAL DESIGNATIONS AND CONSERVATION TO PARKS AND OPEN SPACE; REDESIGNATING APPROXIMATELY .9 ACRES KNOWN AS WINTERHAVEN PARK, LOCATED IN THE 4500 BLOCK OF ATLANTIC AVENUE, FROM HIGH-DENSITY MULTI-FAMILY TO PARKS AND OPEN SPACE; ELIMINATING THE HARBOUR VILLAGE PUD DESIGNATION AND REDESIGNATING THE AREA WITHIN THAT PUD, WITH THE EXCEPTION OF THE AREA COMMONLY KNOWN AS FISHERMAN’S HARBOUR VILLAGE, LOCATED EAST OF ATLANTIC AVENUE BETWEEN 4525 AND 4679 ATLANTIC, BETWEEN ATLANTIC AVENUE AND PENINSULA DRIVE IN THE 4600 BLOCK, AND WEST OF PENINSULA DRIVE FROM THE HARBOUR VILLAGE GOLF & YACHT CLUB SOUTH TO THE 4700 BLOCK OF PENINSULA DRIVE AND INCLUDING THE COLLEY SUBDIVISION, CONSISTING OF APPROXIMATELY 200 ACRES, TO LOW-DENSITY SINGLE FAMILY RESIDENTIAL, MEDIUM-HIGH DENSITY AND HIGH DENSITY MULTI-FAMILY RESIDENTIAL, GENERAL COMMERCIAL, PUBLIC/INSTITUTIONAL, PARKS AND OPEN SPACE, AND CONSERVATION IN ACCORDANCE WITH THE LAND USES THAT EXIST WITHIN THE PUD BOUNDARIES; REDESIGNATING THE APPROXIMATELY 5.57 ACRE COMMERCIAL AREA IN THE HARBOUR VILLAGE PUD KNOWN AS FISHERMAN’S HARBOUR VILLAGE, FROM PUD, APPROXIMATELY 2.82 ACRES ON THE EASTERN PORTION TO GENERAL COMMERCIAL, AND APPROXIMATELY 2.75 ACRES ON THE WESTERN PORTION TO MEDIUM-HIGH DENSITY MULTI-FAMILY RESIDENTIAL; PROVIDING FOR CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Konchan addressed the Council and stated that the comments and response to comments have not been fully reviewed by Department of Community Affairs (DCA). She said that she has been speaking with DCA representatives this week and they have suggested that the Town wait for the completed review prior to adopting the Comprehensive Plan. She then explained that she has discussed the breach of the sixty day deadline if we timely adopt, with an additional thirty days after receipt of the DCA comments to adopt not unreasonable. She also said it does not appear that we have any policy differences between DCA and the Town. She said that some of the additional changes have already been sent, including Policy 1.3.2 regarding build-back provisions. Ms. Konchan explained that there have been some revisions since the agenda packets were prepared, and rather than review the documents, asked for questions and comments from Council and the public. She noted that one item in particular regarding the PWD and residential densities, the language will be clarified to exclude properties within the Coastal High Hazard Area. Councilmember Sturno and Vice-Mayor McCormick each said they suggested corrections this afternoon during their telephone conference with Mr. Joulani and Ms. Konchan. Councilmember Goudie asked how much of the ROD acreage is in the CHHA and how much is not, to which Ms. Konchan replied that roughly between 8 and 8.25 acres starting at the Old Florida Club and the property to the south are outside the CHHA, with the lands roughly from Down the Hatch north to Bounty Lane lying within the CHHA. Ms. Konchan then said that approximately 6.7 dwelling units/acre would have to be placed outside the CHHA. She said the exact calculations will be available for the next meeting. Mayor Epps opened for public comments. Gary Comfort, 85 Ocean Way Drive, said that in accordance with provisions of Chapter 163.3184 Florida Statutes, he is formally presenting objections to the plan in order to establish his standing as an affected person as defined in that statue, and briefly sated his reasons. He has provided written comments to the Town Clerk. Allan Watts, on behalf of the Pacetta Group, Cobb & Cole, Daytona Beach, said he has discussed some of their concerns with Ms. Konchan and said that a couple of things also require clarification. He feels there is some ambiguity about how you treat over water uses assuming that a Sovereign Submerged Land Lease is secured from the State of Florida for docks and piers. He said that typically, when you lease land from the State, the dock area and the area that is blocked by the docks all have to be leased, making it probable that the docks themselves in relation to the underlying sovereign bottom land would fall within the floor area ratio and would be a part of their allowance of working waterfront uses. He still down not know if the Sovereign Submerged Land Lease is considered part of the total area within the district or not and suggested that he might have some ideas on that. He also spoke about references to the riverfront commercial, and said they are not in agreement with the DCA’s definition of CCHA, and would be discussing this wit DCA to clarify. Mayor Epps closed public comment. Ms. Konchan informed those present that if they are interested in receiving notification regarding the Comprehensive Plan, they should complete the sign-in sheet at the back of the room. She said she has spoken with Mr. Watts about the mixed-use language that was added in response to DCA's comments and his other concerns, including floor area and over-water improvements. She stated that she and Mr. Joulani will continue to revise the language, and will work to strike the right policy balance prior to the next meeting. She said that the Riverfront Overlay District was a point of conversation with DCA, and clarified that it is a zoning overlay and DCA is concerned about having a policy referring to a zoning overlay in the Comprehensive Plan. It has been suggested that the current language be replaced with either specific description of the geographic area or other words that are clear about the intent of the policy. Councilmember Goudie asked if the graveyard in the Riverfront Commercial area of Front Street should be considered as Riverfront Commercial on the Future Land Use Map. Ms. Konchan replied that it has always been so designated and that it is zoned B-2 and the fact that there is a historic resource would not affect the zoning, but as a historic resource, all provisions of the LUDC would be applied to that property. Mayor Epps asked if there are state regulations that would protect it, to which Ms. Konchan replied that local regulation would also protect the cemetery. Ms. Konchan noted that there are thirty parcels being proposed for revisions as noted in the title of the ordinance, and that those are the only ones being proposed for revision during this cycle. With no further comments from the Town Council, Ms. Konchan stated that the adoption should be as soon as possible, but DCA has not committed to a time frame. Vice-Mayor McCormick moved to continue the public hearing to September 10, 2008 at 6:00 p.m., 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.

6. Update on lawsuit filed by Pacetta, LLC. Ms. Cassady gave a brief report on this, as the Town had been served as a necessary party in this lawsuit, though it seemed primarily aimed at the Citizens for Property Rights, Incorporated. The Town plays a minor secondary role in this as they passed the ordinance in accordance with law. Ms. Cassady will be attending the hearing on this and they expect it will be either August 25^th or September 9^th. A staff representative will be there also – probably either Ms. Konchan or Mr. Joulani. Ms. Cassady will provide further updates as we moved forward.

7. Discussion of proposed budget for FY 08-09. Ms. Blissett used the attached PowerPoint as an introduction to the budget process for the coming fiscal year (Attachment A). She then explained the revenues and expenditures in each area of the attached proposed budget (Attachment B). Councilmember Goudie confirmed that the six month operating reserve was exclusive to operating needs – no projects are included in that calculation. He then expressed concern that the hurricane reserve is not sufficient. Ms. Blissett noted that the PICCI board will now be paying for their own board insurance. Mayor Epps closed public comment. Don Rominick, 4545 South Atlantic Avenue, asked how the property appraiser’s office came up with the estimated twelve percent reduction in property values. Ms. Clauss read from the letter on the property appraiser’s website which quoted this. Gary Comfort, 85 Ocean Way Drive, pointed out that one may look on the property appraiser’s website for specific information on each parcel; his went down by well over twenty percent savings. Mr. Comfort stated that he did not feel that we are overly reliant upon advalorem taxes as he felt that if they are to collect revenues that this is the preferred method for doing so because it is deductible from their Federal income tax – which actuates a thirty-three percent savings. Mr. Comfort stated that he is pleased that taxes on non-homesteaded properties have gone down for the first time because it should quiet some of what started all this. However, he is concerned that tax reduction creates poor planning for next year. Mr. Comfort commended Ms. Blissett and the Council for being able to withstand all of the setbacks and still maintain services and propose a tax decrease. He encouraged the Council to increase their proposal by one-tenth of a mill which is nothing to the taxpayer but valuable to the Town and their future. Mr. Comfort stated that WAV fees are projected to go up in the future as they are using reserves now. He felt they should pursue alternatives to the paperless agenda and that a dedicated overtime may have reached the point where a utility firefighter might be appropriate. Mr. Comfort noted that the attempt by the County to have the cities take more responsibility for the beach could increase costs in the future. He also suggested they continue to fund the fire equipment capital fund for other equipment purchases in the future. Don Kraska, 55 Ocean Way Drive, inquired as to overall what was cut to allow for an overall eleven percent decrease and asked what other user fees could be assessed. Ms. Blissett state that the decreases is spread across every department and they would be proposing an adjustment to their user fee schedule in the near future. Mayor Epps closed public comment. Mayor Epps complimented Ms. Blissett, stating that this is a very understandable budget. Ms. Blissett complimented staff for their professionalism and exceptional work on this budget. Council agreed and complimented all. Everyone agreed that this budget could proceed to the first public hearing without the need for an additional meeting on it prior to that.

8. Adjournment. Mayor Epps adjourned the meeting at 9:35 p.m.

Respectfully submitted by:

Jeaneen P. Clauss, CMC

Assistant Town Manager/Deputy Clerk