PonceInletFL - 10/15/2008 Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Regular Meeting of October 15, 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. 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: Mayor Epps stated that she had a request from Chief Thomas to announce the results of their reaccreditation process and suggested they add this as item 5-D. Councilmember Sturno requested they add discussion of short term rentals as item 14-D. All agreed.

5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:

A. Proclamation recognizing October 2008 as Breast Cancer Awareness Month. Mayor Epps read this proclamation which is posted at Town Hall.

B. Presentation of plaque of appreciation to Davis House Historic Preservation Inc. Mayor Epps recognized this entire committee and presented Ms. Tara Lamb with this plaque. Ms. Julie Davis stated that Ms. Lamb did most of the work to put together the grant application which made the restoration possible for the property located at 143 Beach Street. This was their first submittal and they scored eighty-three points out of a possible eighty-six.

C. Introductory presentation from State Representative Tom Feeney’s district representative, Jim Oddie. Mr. Oddie introduced himself and let Council know that Mr. Feeney’s office stands ready to assist the Town by offering constituent services with any Federal agency that they may need assistance with. They are also available to answer any questions regarding legislative issues.

D. Re-Accreditation of Police Department. Chief Thomas stated that the Town had successfully completed the State re-accreditation process and will retain this designation for the next three years. He is very proud of his department’s work to obtain this designation, which can be much harder for a smaller agency. They received glowing comments from the appraisers – stating that they are head and shoulders above any agency they’ve ever seen. Chief Thomas thanked the Town Council and the Manager for their commitment to this and presented each with a plaque. Constance Hunter, 4329 South Atlantic Avenue, started that the County is trying to make the police and fire join a union and we don’t need any unions. Councilmember Sturno echoed Chief Thomas’ reference to the compliments offered by the appraisers and stated that he was very proud to be there and hear these first hand – they were the only agency to be so commended. The other council members agreed.

6. BOARDS AND COMMISSIONS: None.

7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS:

A. Variance request for reduction of required parking spaces at 4936 South Peninsula Drive. Mr. Joulani explained this request via the attached staff report (Attachment A). Councilmember Goudie inquired if there was sufficient space to accommodate this larger boat. Councilmember McCormick expressed concern about where they would park if the lot were full. Mayor Epps stated that the variance would be revoked if they were not using the bus. Matthew Dvorak, 4923 South Atlantic Avenue, confirmed that there is no problem accommodating the boat and explained that they have one vehicle which shuttles customers to/from Daytona Lagoon. This is one part of a package purchase, so no other vehicles are used. They most always have half of their parking spaces open. Mayor Epps opened for public comment. Robyn Hurd, 4923 Sailfish Drive, stated that this is a great working waterfronts project – no noise – no huge buildings – thumbs up. Constance Hunter, 4329 South Atlantic Avenue, asked where this was and why they need a variance if they are not going to have extra cars. Kris Derr, 148 Bounty Lane, stated that she reviewed all of the material and feels Mr. Devorak has done a great job. She suggested they get more publicity out there for this to aid in its success. Councilmember Goudie moved to APPROVE the variance request to allow the reduction of parking spaces from thirty-two to twenty for the various uses at 4936 South Peninsula Drive provided the applicant continue to use a shuttle bus to bring passengers to the property and that the variance shall be revisited by the Town Council should the development order for the special exception expire, 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.

B. Special exception request for a sightseeing boat base not to exceed a capacity of fifty passengers at 4936 South Peninsula Drive. Mr. Joulani explained this request via the attached staff report (Attachment B). Matthew Dvorak, 4923 South Atlantic Avenue, stated that there are three additional piling present to secure the boat, though they are not on the survey they submitted. They have taken great measures to ensure that this two hundred fifty thousand dollar boat will be safe during a hurricane. Councilmember Sturno asked if alcohol would be served on the boat. Vernon Kuftic – applicant, 1507 North Peninsula Drive, Daytona Beach, stated that they are planning to serve beer and wine coolers, not something which would require a liquor license, and they won’t be giving them too much. Councilmember Sturno noted that DEP’s approval would still be needed if they approved tonight. Vice-Mayor McCormick referred to page seven of the staff report and suggested the language be amended so that it was clear that they would be removing one boat in order to accommodate the proposed sightseeing boat. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the special exception request for 4936 South Peninsula Drive to allow a sightseeing boat base not to exceed a capacity of forty passengers with conditions of no gambling, no consumption or sale of alcohol on the dock, the approval of the variance request to reduce the parking requirements for this property, the continued use of the shuttle bus to bring passengers to the site, three additional pilings verified by staff, and all necessary permits and approvals from DEP and written notification thereof, 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.

8. PUBLIC HEARINGS – ORDINANCES (Second Reading):

A. Second reading of Ordinance 2008-12, extending the Town’s temporary moratorium by 365 days. 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, FLORIDA, EXTENDING THE TEMPORARY MORATORIUM ESTABLISHED BY ORDINANCE 2007-26, FOR A MAXIMUM OF THREE HUNDRED SIXTY FIVE (365) DAYS ON ACCEPTANCE, REVIEW, PROCESSING, OR APPROVAL OF APPLICATIONS REQUESTING COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, MINOR REPLATS, SUBDIVISION APPROVALS, BUILDING PERMITS, AND SITE PLAN APPROVALS FOR THE PONCE INLET RIVERFRONT COMMERCIAL ZONING DISTRICT DURING THE COURSE OF THE COMPLETION OF THE REVISED COMPREHENSIVE PLAN AND THE LAND USE AND DEVELOPMENT CODE OF THE TOWN OF PONCE INLET; PROVIDING EXEMPTIONS; PROVIDING FOR FINDINGS AND INTENT OF ORDINANCE; PROVIDING FOR A POSSIBLE EXTENSION OF THIS ORDINANCE; PROVIDING FOR AN ADMINISTRATIVE REMEDY FOR ASSERTIONS OF VESTED RIGHTS AND PROCESS OF AND PROCEDURES RELATING TO SUCH ASSERTIONS; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR EFFECTIVE DATE. Ms. Cassady explained via the attached memorandum (Attachment C). Council inquired as to the section of this ordinance which allows for projects where the previously granted permits have inadvertently expired and asked for an example of that. Mr. Joulani referred to Baytree as one of those. Jim Morris (4876 South Peninsula Drive) and Robert Lavelle (4867 Sailfish Drive), both shareholders, spoke to this and stated that the change of ownership is the reason that this occurred. The work had been completed prior to their purchase but they didn’t realize the final inspections had not been completed. Vice-Mayor McCormick confirmed that Mr. Hurd was the owner and contractor when this mishap occurred and the Town is now involved with him in the Davis House restoration project. Mayor Epps stated that staff needs to get a tighter control over the permitting process. They should have computer ticklers for when permits expire. Mr. Joulani stated that the new software they are purchasing will have these but they are currently dealing with inherited problems. Councilmember Sturno stated that they need to look at the penalty structure that they have for when work is done without a permit and mentioned the boat demolition at the lighthouse as an example. Vice-Mayor McCormick and Councilmember Sturno also expressed concern about extending this moratorium because it only affects one property. Ms. Cassady explained that under Florida law the land development regulations must be in compliance with the comprehensive plan and this will take some time after the comprehensive plan is adopted. Mayor Epps opened for public comment. Allan Watts, representing the Pacetta Group, spoke on behalf of his client, stating that they have been trying to work with the Town for several years to bring forth a project that would be agreeable to both parties. This was begun prior to the first moratorium which was overlong in its duration and overbroad in its scope. He was told that in the 2002 moratorium, there were exceptions within to allow things to get done. He felt the continuance of this in its proposed form was unfair to his client and a denial of the use of their property and they may seek legal relief for this. Constance Hunter, 4329 South Atlantic Avenue, stated that the Town Council is not on the side of the majority of the residents. They should follow the 2002 vision. Their roads are not sufficient for such growth as proposed with the Pacetta project and the Daytona State College project. This town is made for quiet, residential properties. Julie Davis, 87 Jennifer Circle, asked that the Town Council do the right thing in spite of the Pacetta lawsuit threats. Kris Derr, 148 Bounty Lane, commended Council for holding off on the comprehensive plan adoption until after the election and asked that they continue to hold off development until the land development regulations could be put in place - rushing something this important is not in the best interest of anyone. Mayor Epps closed public comment. Ms. Cassady stated that she had received a request from Lyder Johnson through Mr. Watts for some changes to this ordinance and they were plausible changes but they just received them today and it was too late to try to incorporate them into this ordinance (Attachment D). They needed to pass this ordinance tonight because the prior one will expire at midnight. If Mr. Johnson would like for them to consider incorporating his changes after the fact, the Town may want to have him pay for the required advertising for such since it is quite costly for the two display ads necessary. Councilmember Goudie moved to APPROVE the second reading of Ordinance 2008-12, 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. Second reading of Ordinance 2008-11, amending the Town’s floodplain management regulations variance approval process. 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, AMENDING ARTICLE X, CHAPTER 18, OF THE CODE OF ORDINANCES RELATING TO DESIGNATION OF VARIANCE AND APPEALS BOARD IN MATTERS REGARDING FLOODPLAIN MANAGEMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. Ms. Cassady explained this proposal via the attached staff memorandum from Mr. Joulani (Attachment E). Vice-Mayor McCormick inquired about the appeal process for someone who was denied their request. It would be to the circuit court. Mayor Epps opened for public comment. Mary Hoss, 12 Kelly Bea Court, stated that she appreciated the note of apology which the Town Manager sent to each member of the Board of Adjustment. Ms. Hoss stated that it has always been the rule that if the Board needed the Town Council’s assistance on a matter, they would send it to them. She stated that Councilmember Goudie is the only Council member with variance experience as he served on the Board prior to serving on Council. Ms. Hoss stated that they have a very experienced board and should not be misjudged based on the fact that they are volunteers, not paid. They have done this job for years and not brought litigation to the Town. Ms. Hoss referred to her work experience with the IRS and stated that if she would certainly be able to work with FEMA if ever needed. Mayor Epps closed public comment. Council indicated that they all appreciate and respect the work of this Board and inquired if they could change this ordinance so that the Board provided a recommendation on these matters before they are considered by Council as a part of the rest of the development request. Ms. Cassady stated that they could reword section 18-341 to state: Following a recommendation of the board of adjustments, the town council shall hear and decide appeals and requests for variance from requirements of this article. Councilmember Goudie moved to APPROVE the second reading of Ordinance 2008-11 with the proposed amendment to section 18-341, seconded by Vice-Mayor McCormick. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – no, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

9. CITIZENS’ PARTICIPATION: None.

10. ORDINANCES (FIRST READING) AND RESOLUTIONS:

A. Resolution 2008-16, adjusting rates for solid waste services in accordance with the contract for an annual CPI increase. 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, FLORIDA AMENDING GARBAGE COLLECTION RATES, FEES AND CHARGES (PART XIII OF APPENDIX A); PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Clauss explained that this resolution has been prepared in accordance with the Town’s contract for solid waste services to annually adjust the fee for collection in accordance with the CPI. Ms. Clauss explained that this fund functions much like an enterprise fund because it is fully self supporting – no ad valorem revenue supplement. A survey of the rates charged by all of the other municipalities and the County was provided. Ponce Inlet is still one of the lowest with the highest level of service. Mayor Epps opened for public comment. Russ Boner, 59 Beach Street, complimented the Town’s garbage collection service. Mayor Epps agreed and stated we get a very good deal. Mayor Epps closed public comment. Councilmember Sturno moved to APPROVE Resolution 2008-16, 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. Resolution 2008-17, foregoing Council’s annual pay increase for fiscal year 08/09. 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, FLORIDA, REPEALING SECTION 1 OF RESOLUTION 2006-01 BY FOREGOING ANNUAL INCREASES IN COMPENSATION FOR ELECTED OFFICIALS FOR FISCAL YEAR 2008-2009; AUTOMATICALLY SUNSETTING THIS RESOLUTION 2008-17 ON SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Clauss explained that this resolution was prepared in accordance with Council’s request at the budget adoption hearing held on September 22, 2008. She stated that they would have had a three percent increase otherwise. Their next proposed increase will be based upon the average employee merit increase between July 1, 25008 and June 20, 2009. Councilmember Sturno moved to APPROVE Resolution 2008-17, 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.

11. FROM THE TOWN COUNCIL:

A. Councilmember Sturno, Seat #5, stated that WAV mtg SJ trying to tighten up watering restrictions – meter reclaimed water, meter on wells, EMO course – very enlightening – fast paced learning experience – appreciated opportunity to attend. Sep 22^nd Timothy Pollard memorial park dedication – lost life in 1987 in PI.

B. Councilmember Hinson, Seat #4, MPO proposal to widen Clyde Morris through embry riddle area – DB doesn’t want that – suggesting using the money for pedestrian walkways.

C. Vice-Mayor McCormick, Seat #3, asked hinson to tell about Lion’s Project for Tanner Page. Hinson – grandparents live in PI – brain cancer since 2 – funds needed for these high medical costs – LC & Down the Hatch - $15 for meal – proceeds go to Page family. McCormick – family very appreciative of

Prior fund raiser – raised $10,000 for a waitress there who needed eye surgery so she could see to work and she still works there.

D. Councilmember Goudie, Seat #2,

E. Mayor Epps, Seat #1, read letter of support for Mr. Joulani. Commended fire dept for evac inspection for successful results – we can now transport under certain conditions. KEB – letter of appreciation for 10 years of dedicated government service from ICMA. Mayor attended dedication of disabled veterans van – proud our logo appears on it with those of other municipalities who contributed to the purchase of it – transport local dv to get treatment in Gainesville when needed. Really nice van for $22,000 – volunteer drivers. Will give farewell speech at comp plan hearing on 18^th. Really enjoyed her service here.

12. CONSENT AGENDA

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

B. Approval of Town Council Special Meeting Minutes – September 10, 2008.

C. Approval of Town Council Special Meeting Minutes – September 17, 2008.

D. Approval of Town Council Special Meeting Minutes – September 22, 2008.

Mayor Epps read the items A through D proposed for approval on the consent agenda. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Hinson moved to APPROVE items A-D on the consent agenda, 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.

13. OLD BUSINESS: None.

14. NEW BUSINESS:

A. Discussion of bottled water concerns. Mayor Epps stated that she had asked for this item to be placed on the agenda for a few months but always withdrew it because they had so many other pressing issues to deal with. She would however like for Council to be aware that environmental concerns have risen regarding the proliferation of bottles and also the recent issuance of the St. John’s River Water Management District (SJRWMD) permit to authorize 490,000 gallons of water a day to be pumped and sold elsewhere. Councilmember Sturno noted that in light of the fact that SJRWMD wants to meter reuse, that permit issuance doesn’t make any sense. Mayor Epps stated that she was leaving this topic in the hands of this Council, as this was her last regular meeting with the Town.

B. Discussion of having two regular meetings per month. Mayor Epps stated that it has become unusual for them to get out on time (by ten o’clock) and especially with the upcoming amendments to the land development code, they may want to consider having two regular meetings per month. Councilmember Sturno stated that he would prefer they continue to hold special meetings when needed because he feels that scheduling two regular meetings would be like closet space that they feel they have to fill up. Vice-Mayor McCormick and Councilmember Hinson agreed, stating that it is hard enough to get citizens here for one meeting.

C. Discussion of Ponce Inlet Newsletter. Vice-Mayor McCormick stated that he felt the recent election issue of the newsletter brought forth some concerns for him because there was nothing about the referendums in it. He understood that this is done by a private organization which does not wish to get involved but the Town pays for the printing of it and used to pay for the postage so he felt the Town should have had the opportunity to place information within in on these ballot questions. Ms. Cassady stated that in her review of the relationship between the Town and the private organization which does the newsletter, the Citizens for Ponce Inlet, she felt that they needed to have a written understanding between the two so that the Town is not liable for anything they may/may not place in their section but that the Town has it’s own areas for which they are entitled to place their items. Councilmember Hinson gave a brief history on the formation of this newsletter and that it was very important to the Citizens for Ponce Inlet that this not be political. Ms. Clauss stated that she had written the newsletter for another municipality for five years and that they were very careful during election time to only list the names of the candidates for each office and the ballot question itself. They also never let any member of council submit any articles if they were running for office again during the 3 or 4 months preceding the election. As the editor of their own newsletter, they felt it even more necessary to bound themselves to a non-political position. Ms. Cassady asked Council for approval for her to prepare something to formalize the relationship between the Citizens for Ponce Inlet and the Town. All agreed.

D. Discussion of Short Term Rentals. Councilmember Sturno referred to the number of e-mails he had received on this subject and stated that he felt they needed to talk more about it. Given the hour, he asked that it be placed on the next agenda.

15. FROM THE TOWN MANAGER. Ms. Clauss referred to the upcoming election and advised that early voting would begin on Monday, October 20^th and would be open every day except Sunday from 8am to 4pm at the City Island Library.

16. FROM THE TOWN ATTORNEY. Ms. Cassady gave an update on the Las Olas case. The bonding companies have sent out interrogatories to determine the money damages to the Town. This is important because this may get us closer to resolving the issue prior to summary judgment/trial – perhaps leading to a settlement. There are no further depositions scheduled at this time but she is not sure if there will be more in future. Ms. Cassady requested an executive session regarding the Pacetta lawsuit after the new Council is seated – perhaps at the end of the next regular meeting because time is of the essence. This may not be needed if boatstack referendum does not pass. Councilmember Goudie moved to hold an Executive Session on November 19^th, 2008, 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.

17. ADJOURNMENT. Mayor Epps adjourned the meeting at approximately 10:05 p.m. announcing the Nov 18^th, 2008 – Special Council Meeting – Public Hearing on continuance of second reading / adoption of amendment to the comprehensive plan and the Nov 19^th, 2008, 6:00 p.m. – Regular Council Meeting.

Respectfully submitted by:

Jeaneen P. Clauss, CMC,

Assistant Town Manager/Deputy Clerk