Town of Ponce Inlet |
TOWN COUNCIL MINUTES |
Regular Meeting of November 19, 2008 |
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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: None. |
5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS: |
A. Recognition of Out-going Council Members. |
1. Farewell gifts from the Town. Mayor Epps presented a plaque of appreciation to Councilmember Hinson. Vice-Mayor McCormick presented a plaque of appreciation to Mayor Epps. |
2. Unveiling of sculpture of Mayor Epps by local artist Els Meijns. Mayor Epps introduced Ms. Meijns, who had prepared a clay sculpture as a gift to Mayor Epps. Ms. Meijns is hopeful of raising sufficient funds to have it bronzed – perhaps through auction of some of her other works. |
B. Administer Oath of Office to Council-Elect Members. Retired Judge McDermott administered the oath of office to Councilmember-Elect Barbara Davis. Ms. Cassady then administered the oath of office to Mayor-Elect Tony Goudie and Councilmember-Elect Kris Derr. |
C. Roll Call of New Council. |
Council present: |
Mayor Goudie, Seat #1 |
Councilmember Derr, Seat #2 |
Councilmember McCormick, Seat #3 |
Vice-Mayor Davis, Seat #4 |
Councilmember Sturno, Seat #5 |
D. Appointment of Vice-Mayor. Councilmember Sturno nominated Councilmember McCormick for Vice-Mayor. Councilmember Derr nominated Councilmember Davis for Vice-Mayor. Ballots were completed and the votes showed that Mayor Goudie, Councilmember Derr, and Councilmember Davis supported Councilmember Davis as first choice for Vice-Mayor. Councilmember McCormick and Councilmember Sturno supported Councilmember McCormick as first choice for Vice-Mayor. Councilmember McCormick moved to ACCEPT the results of these ballots and appoint
Councilmember Davis as Vice-Mayor, seconded by Councilmember Sturno. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Davis – yes, Councilmember McCormick – yes, Councilmember Derr - yes, and Mayor Goudie – yes. |
E. Appointment of Council representatives for various boards/committees: |
1. Water Authority of Volusia; Council reappointed Councilmember Sturno as the primary and appointed Councilmember McCormick as the alternate. |
2. Metropolitan Planning Organization; Council appointed Councilmember Derr as the primary and Councilmember Davis as the alternate. |
3. Lighthouse Preservation Association; Council appointed Mayor Goudie as the primary, Vice-Mayor Davis as the alternate, and Councilmember Derr as second alternate. |
4. Volusia Council of Governments; Council appointed Mayor Goudie as the primary and Vice-Mayor Davis as the alternate. |
5. Any others requested by Council. No others were requested at this time. |
F. Award of Excellence to the Town’s Safety Committee from the Volusia / Flagler Sunshine Safety Council. Mayor Goudie presented this award to Ms. Clauss on behalf of the Safety Committee and stated that this award is presented to one agency per year based upon documentation of an active safety committee involvement in the day-today safety & health activities of the organization. Members of this board are: Peg Hunt, Chair, Administrative Specialist, Public Works Division of Development Services Department; Penny Currie, Vice-Chair, Emergency Communications Supervisor, Police Department; Jeff Miller, Secretary,
Maintenance Technician II, Public Works Division of Development Services Department; Kim Cherbano, Human Resources Technician, Administrative Services Department; Jeaneen Clauss, Assistant Town Manager / Deputy Clerk, Administrative Services Department; Ami Pierce, Administrative Assistant, Building / Code Division of Development Services Department; and Jeni Trepasso, Administrative Assistant, Fire Department. Ponce Inlet’s Safety Committee stood out amongst its peers as being very productive. Major accomplishments include: Preparing a safety policy for general employees and for those of each individual department. This policy was implemented for the Town and is now used by Brown & Brown as a model for other municipalities; Reviewing safety procedures of each department and making recommendations which have been implemented; Recommending AEDs for all town buildings. This was implemented in FY 07/08; Organizing training for all general
employees in the AED, CPR, and first aid. This training was provided by the Town’s fire department. |
----- Break for Refreshments ----- |
6. BOARDS AND COMMISSIONS: None. |
7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS: None. |
8. PUBLIC HEARINGS – ORDINANCES (Second Reading): None. |
9. CITIZENS’ PARTICIPATION: None. |
10. ORDINANCES (FIRST READING) AND RESOLUTIONS: |
A. Resolution 2008-18, ratifying the results of the Town election and authorizing codification of approved Charter amendments. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, Florida, ACCEPTING AND RATIFYING THE CERTIFICATE OF THE TOWN OF PONCE INLET ELECTION CANVASSING BOARD AND THE REPORT ON THE CONDUCT OF THE ELECTION, SAID CERTIFICATE AND
REPORT BEING ATTACHED HERETO AND BEING MADE A PART OF THIS RESOLUTION; ACCEPTING THE RESULTS OF THE NOVEMBER 4, 2008 ELECTION AS CANVASSED BY THE VOLUSIA COUNTY CANVASSING BOARD WITH THE DEPUTY TOWN CLERK ACTING AS MUNICIPAL SUPERVISOR OF ELECTIONS; PROVIDING FOR A DETERMINATION AS TO THE WINNING CANDIDATES IN THE RACE; ACCEPTING THE RESULTS OF THE NOVEMBER 4, 2008 REFERENDUM ELECTION OF PROPOSED AMENDMENTS TO THE TOWN’S CHARTER AS CANVASSED BY THE VOLUSIA COUNTY CANVASSING BOARD WITH THE TOWN CLERK ACTING AS MUNICIPAL SUPERVISOR OF ELECTIONS; DETERMINING THAT THE PROPOSED AMENDMENTS TO THE CHARTER HAVE BEEN APPROVED BY A MAJORITY OF VOTING ELECTORS; PROVIDING AN EFFECTIVE DATE. Ms. Clauss explained that this resolution has been prepared to ratify the election results (ministerial duty only) and to authorize codification of the approved charter amendments. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment.
Councilmember McCormick moved to APPROVE Resolution 2008-18, seconded by Councilmember Sturno. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Vice-Mayor Davis – yes, Councilmember McCormick – yes, Councilmember Derr - yes, and Mayor Goudie – yes. |
B. Resolution 2008-19, establishing the Town’s portion of the Citizens for Ponce Inlet newsletter and the policies and standards regarding the Town’s portion of this newsletter. 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, FLORIDA, DECLARING ITS INTENTION TO ESTABLISH THE TOWN’S PORTION OF THE CITIZENS FOR PONCE INLET NEWSLETTER AS A NON PUBLIC FORUM TO INFORM RESIDENTS AND BUSINESSES IN THE TOWN REGARDING THE WORKINGS OF THE TOWN GOVERNMENT
AND OTHER GOVERNMENTAL ENTITIES WHICH ARE OF INTEREST OR MAY HAVE AN IMPACT ON THE CITIZENS AND BUSINESSES; ESTABLISHING POLICIES AND STANDARDS REGARDING THE TOWN’S PORTION OF THE NEWSLETTER; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. Ms. Cassady explained that she prepared this resolution to define which areas of the Citizens for Ponce Inlet newsletter are the responsibility of the Town and which are the responsibility of the Citizens for Ponce Inlet. Councilmember McCormick asked if the Citizens for Ponce Inlet could refuse to publish something the Town had submitted. Ms. Cassady said that they could but then the Town would need to consider whether funding assistance for this newsletter was appropriate given these are public funds. Ms Davis asked if the Town could prohibit the Citizens for Ponce Inlet from publishing political views in their portion. Ms. Cassady stated that the Town could not prevent them from doing so but
they could require notification from them if they are to change from their present policy which prevents this. Mayor Goudie opened for public comment. Allan Redinger, 131 Anchor Drive, stated that the by-laws of the Citizens for Ponce Inlet prohibits having anything political within the newsletter. Mayor Goudie closed public comment. Ms. Cassady suggested they defer adoption of this resolution and allow her to word-smith it a bit to place a notice provision within it, in the event the by-laws were ever changed in this regard. Council deferred considering action on this resolution until their next regular meeting scheduled for December 17th. |
11. FROM THE TOWN COUNCIL: |
A. Councilmember Sturno, Seat #5, stated that WAV is offering a rebate program for the purchase of rain barrels and high efficiency front loader washing machines. He advised that the SJRWMD is trying to expand water regulations to include metering reclaimed water. WAV is trying to deter that action because they don’t want to discourage use of this and cause this water to be dumped into the river. |
B. Vice-Mayor Davis, Seat #4, expressed her appreciation for being elected to office on the Town Council. |
C. Councilmember McCormick, Seat #3, congratulated Mayor Goudie, Vice-Mayor Davis, and Councilmember Derr on their election and stated he is looking forward to working together. |
D. Councilmember Derr, Seat #2, expressed her appreciation for being elected to office on the Town Council and wished everyone a Happy Thanksgiving. |
E. Mayor Goudie, Seat #1, expressed his appreciation for being elected to the office of Mayor, congratulated Vice-Mayor Davis and Councilmember Derr on their election, and stated that he is looking forward to all of them working together. |
12. CONSENT AGENDA |
A. Approval of Town Council Regular Meeting Minutes – October 15, 2008. |
B. Approval of Town Council Special Meeting Minutes – October 21, 2008. |
C. Authorization to renew the three year agreement for fire/rescue communications services between the Town of Ponce Inlet and the Regional Communications Center. |
Mayor Goudie read the items A through C proposed for approval on the consent agenda. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE items A-C on the consent agenda, seconded by Councilmember Sturno. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Vice-Mayor Davis – yes, Councilmember McCormick – yes, Councilmember Derr - yes, and Mayor Goudie – yes. |
13. OLD BUSINESS: |
A. Short-term rental regulations – requested by Councilmember Sturno. Councilmember Sturno stated that he had received a number of e-mails about this from Eastwinds condominium. This property is not zoned T-1 but would like to be permitted to rent on a short-term basis. Vice-Mayor Davis stated that they spent four years in litigation on this, three years before it was even enacted, as they sought to implement these regulations which were requested by residents. The town was only twenty-five percent homesteaded at that time and the rentals in this residential
community were a big concern. The town prevailed in the lawsuit and costs were assessed against the petitioners who challenged it. She did not feel that opening this back up again was in the best interest of the town. Councilmember McCormick referred to the attached memo from the town attorney (attachment A) and stated that though he feels for the condo owners, he was not inclined to re-open this issue. He did feel that the Town needed to get better information out there so that buyers understood they would not be able to rent these in that manner. Councilmember Derr stated that the citizens have been clear that they do not want short term rentals in their community but did inquire about the districting that was done in the past. Mr. Joulani explained that this was not well received and the town disassembled the districting idea. There are a few left which are phasing out as a non-conforming use. He stated that short term rentals have
a significant impact on the community – roads, services, noise,… Vice-Mayor Davis referred to ordinance 2002-35 and gave a recap of the evolution of this. She reiterated that she felt this was better left alone. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Council expressed unanimous consent to take no further action at this time. |
14. NEW BUSINESS: |
A. Contract for purchase of fire truck. Ms. Blissett explained this pursuant to Chief Scales staff report (attachment B). Funds have been accumulated over the past couple years and additional funds were placed in the current year budget specifically for this item. Staff is negotiating financing of the remaining costs for five years at 3.25%. The recommended company is very credible – being the second largest fire engine company in the nation. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment.
Councilmember McCormick moved to APPROVE the agreement for the purchase of a rescue pumper from Hal-Mark Fire Apparatus for $279,451, seconded by Councilmember Derr. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Vice-Mayor Davis – yes, Councilmember McCormick – yes, Councilmember Derr - yes, and Mayor Goudie – yes. |
15. FROM THE TOWN MANAGER. Ms. Blissett welcomed the new members to Council. She then proudly announced that the Town has received a FEMA rating increase from 7 to 6 which is a huge accomplishment and now provides a higher level of flood insurance reduction to Ponce Inlet homeowners than anywhere else in the County – twenty percent! Ms. Blissett reminded everyone of the upcoming Holiday Market in the Park on December 6th. They will combine the tree lighting and have a visit from Santa that night, along with a tour of homes. The proceeds from the tour will benefit their food drive. Ms.
Blissett told Council that they have set up a donation drive they are calling “Hearts of Ponce Inlet”, collecting food for the local needy, supplies for the soldiers, and items for the humane society, Ponce Inlet has always proven to be a very generous community and we expect that we will be able to provide a lot to the three organizations we have selected. Ms. Blissett stated that the audio streaming is now up and running so residents can listen to council and board meetings from the website without having to request copies of cds. Ms. Blissett stated that they will have a joint meeting of the Town Council and the Planning Commission on December 17th at 4:30 p.m. for the unveiling of the lighthouse overlay district model. |
16. FROM THE TOWN ATTORNEY. Ms. Cassady congratulated all who won their seats in this past election. She also thanked the Town for the overwhelming number of expressions of sympathy she received following the passing of her mother; this has all helped her to get back in the saddle. |
17. ADJOURNMENT. Mayor Goudie adjourned the meeting at approximately 8:10 p.m. announcing the next meeting as December 17th, 2008 at 4:30 – joint meeting with Planning Commission and December 17th, 2008 – Regular Council Meeting. |
Respectfully submitted by: |
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Jeaneen P. Clauss, CMC, |
Assistant Town Manager/Deputy Clerk |
