PonceInletFL - 10/21/2008 Special Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Special Meeting of October 21, 2008

1. Call to order: Pursuant to proper notice, Mayor Epps called the meeting to order at 5:00 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

Councilmember Hinson, Seat #4

Councilmember Sturno, Seat #5

Vice-Mayor McCormick, Seat #3, was excused absent.

Staff Members present:

Ms. Cassady, Town Attorney

Ms. Clauss, Assistant Town Manager/Deputy Clerk

Mr. Joulani, Director of Planning & Development

Ms. Richard, Development Review Clerk

Chief Scales, Fire Chief

Chief Thomas, Police Chief

Ms. Yoon, Planner

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

5. Discussion of Enforcement of Political Sign Regulations. Ms. Clauss read the attached introduction for this item (Attachment A). She also provided a list of the bonds they had received (Attachment B) and a copy of the resolution currently in effect on this issue (Attachment C). Mr. Joulani gave a PowerPoint presentation (Attachment D) to show the problems they are having around Town and explained the difficulties they are having enforcing issues, as some require the Town to remove and some should be put through the Code Enforcement hearing process. Even determination of right-of-way has become a terribly time consuming process as they look at the street file on each property. This is taking all of staff’s time. The GIS software they have budgeted for will allow for readily available determination of right-of-way but they simply do not have that now. Ms. Clauss provided a legal opinion on this issue from Ms. Cassady (Attachment E). Ms. Cassady expressed concern over a number of things within their current regulations and noted that a new ordinance is in the preparation process. Mayor Epps opened for public comment. Gary Comfort, 85 Ocean Way Drive, stated that while serving on the Town Council he had made his thoughts known to the manager that he felt bonds were unconstitutional and there are a number of court cases to back this up. He recommended not enforcing that but felt that right-of-way was reasonable to enforce and that size regulations were reasonable to enforce. Robyn Hurd, 4924 Sailfish Drive, stated that right-of-way is very hard to determine and it is absurd the amount of staff time they are spending on this. She asked that they please just let it go for the next two weeks. She referred to the agreement she has had for real estate signs on wooded lots and felt that this same rationale was appropriate for political signs in right-of-way (put it as far back as you can without hiding it in the brush). Ms. Hurd felt the size regulation violations were clearly a violation though. Julie Davis, 87 Jennifer Circle, stated that they only have two weeks left and the citizens are working hard and trying to comply; please let it go. Robert Lavelle, 4867 Sailfish, stated that he has spent a good part of the last few weeks putting signs up and then driving down to town hall to pick them up. They have really been struggling with right-of-way determination but they are trying to do the right thing. He asked that they let that go for now but felt the three billboard signs should not be allowed. Barbara Davis, 4874 Sailfish Drive, asked if the bonds were refunded, would they still charge five dollars per sign for those that had been picked-up? She felt that if the signs are reasonably out of the right-of-way (not a safety hazard) that they should be allowed since the right-of-way is not clearly defined. Rolley Clapp, 4364 South Atlantic Avenue, stated that they should keep this in perspective – safety first and then quality of life. There isn’t a safety issue here and free speech must be protected. He felt the ridiculously large should be regulated but not things that are not a safety or traffic concern. Linda Molpus, 131 Old Carriage Road, state that she has lived here 31 years and there is always an issue. She expressed concern about how much this one was costing the taxpayers. She felt there is too much dictatorship in the Town and referred to having her cat picked-up by the police department and taken to the humane society when it accidentally got out. Simone Johnson, Front Street properties, stated that she felt they should let them all put their signs up and speak. Mayor Epps closed public comment. In response to Ms. Davis’ question about the five dollar fine per sign, Mayor Epps and Ms. Clauss stated that if they waived the enforcement of these things tonight that they would not worry about that fine either. Mayor Epps referred to the resolution 2005-21 and suggested that they forego enforcing all except that they should still not allow political signs on property owned by the Town and they should still require their removal within seven days after the election. Councilmember Goudie moved to not enforce the political sign bond, the size requirements, or the right of way requirements of the political sign regulations, seconded by Councilmember Sturno. This motion PASSED 4-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – absent, Councilmember Goudie - yes, and Mayor Epps – yes.

7. Adjournment. Mayor Epps adjourned the meeting at approximately 6:00 p.m.

Respectfully submitted by:

Jeaneen P. Clauss, CMC

Assistant Town Manager/Deputy Clerk