PonceInletFL - 12/17/2008 Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Regular Meeting of December 17, 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 Goudie, Seat #1

Councilmember Derr, Seat #2

Councilmember McCormick, Seat #3

Vice-Mayor Davis, 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

Commander Lurcock, Police

Mr. Marks, Chief Building Official

Ms. Richard, Development Review Clerk

Chief Scales, Fire Chief

Ms. Yoon, Planner

4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: None.

5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:

A. Presentation of Ponce Inlet Racing memorabilia from Andy Howe. Mr. Howe, 265 3^rd Street, Atlantic Beach, Florida, former resident of Ponce Inlet, presented a full table display of magazines and other memorabilia which he donated to the Town for historic display purposes. Council thanked him for his generous gift.

B. Award to Councilmember Sturno of the Certificate of Completion of the 2008 Institute of Elected Officials. Mayor Goudie presented this to Councilmember Sturno.

6. BOARDS AND COMMISSIONS:

A. Appointment of members to the Planning Commission. Ms. Blissett stated that the terms expire for certain seats on each of the Town’s advisory boards yearly. Vacancies to all boards are posted on the town’s website and, when possible, are advertised in the Citizens for Ponce Inlet Newsletter. This year, terms for seats 2, 6 and 7 and Alternate Seats 1 & 2 on the Planning Commission expire on December 31, 2008. Mr. McClellan currently holds Seat 2, Mr. Smith currently holds Seat 6, and Mr. O’Shaughnessy currently holds Seat 7. Mr. Milano is seated as Alternate 1 at this time with Alternate Seat 2 presently vacant. With the resignations of Mr. Rogerson and Mr. Gilfedder, Seats 3 and 5 are also now vacant. All of the currently seated Commission members have expressed an interest in reappointment. Additionally, we have received an application for appointment from Sandy Gorman. Their applications are attached for your review. At the Planning Commission’s December 3, 2008 meeting, the Commission members reviewed the applications and unanimously recommended that all the current board members be reappointed, with Mr. Milano and Ms. Gorman to fill Seats 3 and 5 respectively. The applications, ranking forms, meeting minutes and annual attendance are attached for Town Council’s review. This will leave two vacancies for alternates to this board. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE the following appointments to the Planning Commission: Mr. McClellan to Seat #2, Mr. Milano to Seat #3, Ms. Gorman to Seat #5, Mr. Smith to Seat #6, and Mr. O’Shaughnessy to Seat #7, 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. Appointment of members to the Parks, Recreation and Tree Advisory Board. Ms. Blissett stated that the terms for Seats 5 and 7 on the Parks, Recreation and Tree Advisory Board are due to expire on December 31, 2008. These seats are currently held by Mr. Shaffer and Mr. Modzelewski, both of whom the Parks, Recreation and Tree Board members recommended be reappointed at their meeting on December 1, 2008. The board member applications, attendance sheet and pertinent portion of minutes are attached for your approval. Mayor Goudie opened for public comment. Betty DiFranco, chairwomen of the Parks, Recreation and Tree Advisory Board spoke in favor of these re-appointments. Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE appointing Mr. Shaffer to Seat #5 and Mr. Modzelewski to Seat #7 of the Parks, Recreation and Tree Advisory Board, 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.

C. Appointment of members to the Board of Adjustment. Ms. Blissett stated that the terms expire for certain seats on each of the Town’s advisory boards yearly. Vacancies to all boards are posted on the town’s website and, when possible, are advertised in the Citizens for Ponce Inlet Newsletter. This year, terms for seats 1, 4 and 5 on the Board of Adjustment expire on December 31, 2008. Applications for reappointment were received from Mr. Donald Charshee, Ms. Marian Schlaupitz and Mr. Joseph Perrone. No other applications for positions on this board were received. At the Board of Adjustment’s November 10, 2008 meeting, members reviewed the applications and unanimously recommended that all three current board members be reappointed. The applications, tally sheet, meeting minutes and annual attendance are attached for Town Council’s review. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE appointing Mr. Charshee to Seat #1, Ms. Schlaupitz to Seat #4 and Mr. Perrone to Seat #5 of the Board of Adjustment, 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.

7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS:

A. Special exception to permit a house of worship at 55 Inlet Harbor Road. Due to the fact that the applicant has not provided the fire plans for this project so staff cannot make a recommendation. Mayor Goudie suggested they postpone this item until the regular meeting in January. Councilmember McCormick moved to POSTPONE this item until January 21^st, 2009 for submission of the fire plans, 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. Variance from Flood Damage Prevention requirements of the Code for 143 Beach Street. Mr. Joulani explained this item via the attached staff report. Ms. Cassady reminded everyone of the disclosure requirement for quasi-judicial matters. Vice-Mayor Davis stated that she was initially on the board for the restoration of this property but has not been on it since June and has no financial benefit tied to this. Ms. Cassady stated there is no conflict of interest. Ms. Davis also noted that she had spoken with Ms. Filardo, Ms. Hurd, Ms. Julie Davis, and Ms. Basille about this item on the agenda. Ms. Cassady confirmed that these conversations would in no way prejudice Vice-Mayor Davis’ vote. Councilmember McCormick stated that he had not had any conversations in regard to the variances but had previous conversations about this property as a whole with various citizens, some of which who later became members of the restoration committee. Ms. Cassady confirmed that these conversations would in no way prejudice Councilmember McCormick’s vote. Vice-Mayor Davis confirmed that approval of this variance would not affect their FEMA rating for discounts on flood insurance. Councilmember McCormick inquired about the height of the restrooms – which is set to match the other buildings. Councilmember Derr asked if a cost analysis had been performed to show the difference between projected insurance compared to the cost of raising the building. Mr. Joulani stated that the raising of this building would far exceed the budget for this project. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Vice-Mayor Davis moved to APPROVE granting the request for variance from the flood damage prevention requirements of the Code for 143 Beach Street, 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.

C. Variance from Parking/Loading area minimum setbacks of the Code for 143 Beach Street. Mr. Joulani explained this item via the attached staff report. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE granting the request for variance from the Parking/Loading area minimum setbacks requirements of the Code for 143 Beach Street, 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.

D. Variance from landscape requirements of the Code for 143 Beach Street. Mr. Joulani explained this item via the attached staff report. Ms. Davis stated that she felt the best way to address the Filardo’s concerns would be to include the provision for the additional landscaping within this variance as a condition of approval. Mr. Joulani stated that he felt that would be better suited as a condition for the final development plan approval. Mayor Goudie opened for public comment. Vince Filardo, 4890 Sailfish Drive, stated that he appreciated the assistance of Town staff and they had worked this out to his satisfaction by addressing three items – move the fence, fill the property to match his property height, and deal with any standing water. Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE granting the request for variance from the landscape requirements of the Code for 143 Beach Street, Councilmember Derr. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Vice-Mayor Davis – no, Councilmember McCormick – yes, Councilmember Derr - yes, and Mayor Goudie – yes. Vice-Mayor Davis clarified that her “no” vote was due to her preference to include the conditions within the variance as well as the final development plan.

E. Variance to allow shell parking at 143 Beach Street. Mr. Joulani explained this item via the attached staff report. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Vice-Mayor Davis moved to APPROVE granting the request for variance to allow shell parking at 143 Beach Street, 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.

F. Variance from scenic roadway requirements of the Code at 143 Beach Street. Mr. Joulani explained this item via the attached staff report. Councilmember McCormick inquired if we would be making a payment to our own tree bank for this. Ms. Blissett stated that they would be mitigating this onsite with additional plantings in lieu of a deposit to the tree bank. Ms. Derr expressed concern about harming the canopy. Vice-Mayor Davis thanked staff for looking into relocation through an arborist, even though that wasn’t possible in this instance. Mayor Goudie opened for public comment. Betty DiFranco, chairwoman of the Parks, Recreation, and Tree Advisory Board stated that they hated to make a recommendation for the removal of this tree but it is the best way to do this project and they intend to fully recycle the tree by using the lumber for signage at Ponce Preserve. Mayor Goudie closed public comment. Councilmember Sturno moved to APPROVE granting the request for variance from the scenic roadway requirements of the Code for 143 Beach Street, 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.

G. Final Development Plan for restoration project at 143 Beach Street. Mr. Joulani explained this item via the attached staff report. Councilmember Sturno noted that there were only four parking spaces and there is no parking permitted on the street which seems to indicate they didn’t expect there to be much traffic there. Mr. Joulani stated that is all that the Code requires. Vice-Mayor Davis suggested they have mosquito eating fish in the swale. Mr. Joulani stated that they do not expect there to be water in the swale very often so this would not be a successful habitat for fish. Mayor Goudie opened for public comment. Simone Johnson, Front Street, expressed concern that this was now stated for use as a gift shop and would be in direct competition with Down the Hatch. She would like the reference to museum to be removed. Jackie Foreman, 4894 Sailfish Drive, stated that she would like the same consideration as the Filardo’s regarding the landscaping plans. She already has a fence but would like to see large landscaping on the side by her property as well. Chip Henderson, 4865 South Atlantic Avenue, asked that they exercise the utmost in fiscal responsibility in each step of this project – especially in these times. Even though there is a total of $385,000 of tax dollars budgeted, he feels from his extensive experience in historic rehabilitation projects that there are opportunities for savings. Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE the final development plan for the restoration project at 143 Beach Street subject to the conditions cited in the memo from Mr. Joulani dated December 17, 2008 as read into the record and attached, 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.

8. PUBLIC HEARINGS / NON-QUASI-JUDICIAL MATTERS: None.

9. CITIZENS’ PARTICIPATION: None.

10. ORDINANCES (FIRST READING) AND RESOLUTIONS:

A. First reading of Ordinance 2009-01, revising procedures for enforcement and collection of Town liens. 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, ESTABLISHING PROCEDURES FOR THE ENFORCEMENT AND COLLECTION OF LIENS LEVIED AGAINST PROPERTY BY THE TOWN; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR LIENS INCLUDED AND EXCLUDED; PROVIDING FOR A NOTICE OF LIEN TO PROPERTY OWNER AND PROVIDING FOR APPEALS PROCESSES; AMENDING SECTIONS 78-60 AND 78-99 OF THE CODE OF ORDINANCES REGARDING PROCEDURES FOR COLLECTION OF UNPAID WATER AND SEWER CHARGES AND FEES; AMENDING SECTION 2-193 OF THE CODE OF ORDINANCES TO PROVIDE THAT CODE ENFORCEMENT LIENS SHALL BE DEEMED TO BE PRIOR IN DIGNITY TO ANY OTHER LIEN WHERE ALLOWED BY LAW; PROVIDING FOR CODIFICATION, SEVERABILITY, AND CONFLICTS; AND ESTABLISHING AN EFFECTIVE DATE. Ms. Clauss explained that this ordinance was prepared as they prepare for the likelihood of having to file liens on a few properties within the Town who have not paid nor contacted the Town over the passed year to set-up payment arrangements for their back-payments for sewer service. The Town paid the bills to the City of Port Orange last year so the Town would now be the lien holder for each of these. Ms. Cassady stated that she found this ordinance was needed in other lien matters for the Town as well. It harmonizes section 78-60 with Port Orange’s code by establishing an interest rate of twelve percent. It mirrors the water lien provisions for sewer liens. It adds procedures for enforcement of numerous types of liens provided for in the Code – requiring the Town to send a notice of lien to an affected property owner and affording an appeal of the lien. Appeals for liens of $1,000 or less would be decided or settled by the Town Manager. Appeals for liens greater than $1,000 would come before the Town Council. This ordinance also elevates the status of the recorded lien to have priority over other liens where allowed by law. Two versions of this ordinance have been prepared at the request of Vice-Mayor Davis. One has a minimum provision and one does not. Vice-Mayor Davis felt that perhaps a minimum would be appropriate so that they are not processing liens which cost more to process than they are seeking. Mayor Goudie opened for public comment. Don Romanik, 4545 South Atlantic Avenue, encouraged Council to try to recoup all of their costs with this to include those of the processing so that a minimum provision would not be needed. Mayor Goudie closed public comment. Council indicated that they agreed that a provision for a minimum amount would not be needed but would like to see a provision to collect all expenses associated with the lien. Councilmember Sturno moved to APPROVE the first reading of Ordinance 2009-01 with the inclusion of a provision to collect all costs associated with the filing of a lien, seconded by Councilmember McCormick. 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. This resolution was initially considered at the November 19^th Council meeting but postponed for rewording to include a statement that the Town would have to be notified by the Citizens for Ponce Inlet if they were to change their by-laws with the intent to begin publishing articles of a political nature. This has now been made a part of this resolution. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Councilmember Sturno moved to APPROVE Resolution 2008-19, seconded by Vice-Mayor Davis. 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.

C. Resolution 2008-20, authorizing financing in an amount not to exceed $179,000 for a period office years at 3.25% for the purchase of a fire truck. 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, AUTHORIZING THE PURCHASE OF A NEW FIRE TRUCK AND ACCEPTING A PROPOSAL FOR FINANCING WITH BRANCH BANKING AND TRUST COMPANY (“BB&T”); AUTHORIZING THE TOWN MANAGER AND DESIGNEES TO EXECUTE AND DELIVER ALL REQUIRED FINANCING DOCUMENTS FOR THE PURCHASE OF A NEW FIRE TRUCK; DECLARING AN INTENT TO REIMBURSE EXPENDITURES FOR THE PURCHASE OF A NEW FIRE TRUCK FROM THE PROCEEDS OF THE BB&T FINANCING; PROVIDING FOR CONFLICTS, SEVERABLITY, AND AN EFFECTIVE DATE. Ms. Blissett stated that as they have discussed in the budget meetings and again at the November regular meeting, staff has worked on the purchase of a new fire truck and this resolution is the next step in securing the financing for a portion of the cost. This resolution authorizes financing of up to $179,000 for five years at an interest rate of 3.25%. Councilmember Sturno commended Chief Scales for his work on this purchase. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Vice-Mayor Davis moved to APPROVE Resolution 2008-20, seconded by Councilmember McCormick. 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.

11. FROM THE TOWN COUNCIL:

A. Councilmember Sturno, Seat #5, stated that WAV did not have a meeting this month but that they continue to offer a rebate program for the purchase of rain barrels and high efficiency front loader washing machines. This information is available on the Town’s website. He advised that he had also been appointed to the Volusia League of Cities Executive Committee. Mayor Goudie congratulated him on this appointment. Councilmember Sturno then wished everyone a Merry Christmas.

B. Vice-Mayor Davis, Seat #4, stated that she attended the Volusia League of Cities dinner on December 4^th, the funeral service for Mrs. Coovert on December 5^th – expressing condolences to the family, the Market in the Park on December 6^th – which she felt was fantastic, the DBCC Yule Tide Feast on December 11^th – which was amazing, and will be attending the Elected Municipal Officer training on January 23^rd-25^th. Vice-Mayor Davis requested she be considered as the primary representative on the Lighthouse Board and that she be un-appointed as alternate to the Metropolitan Planning Organization (MPO). No action was taken on these requests at this time.

C. Councilmember McCormick, Seat #3, wished everyone a Merry Christmas and a Happy New Year.

D. Councilmember Derr, Seat #2, stated that the MPO is analyzing commuter rail possibilities but it is just in the early stages. They have a list of road projects on their website for anyone who is interested in seeing what is planned. Councilmember Derr wished everyone a happy and safe holiday.

E. Mayor Goudie, Seat #1, stated that he had viewed Ken Parker’s powerpoint on pension plans at the VCOG meeting, which was very interesting. Also, Candace Langford explained the cutbacks that the school system is planning because of the shortfall in State revenue. Mayor Goudie referred to the Market in the Park, which he felt was a nice holiday event, where he lit the tree and sang Christmas carols. He wished everyone happy holidays.

12. CONSENT AGENDA

A. Approval of Town Council Special Meeting Minutes – November 18, 2008.

B. Approval of Town Council Regular Meeting Minutes – November 19, 2008.

C. Approval of agreement with Brighthouse Networks to provide data connectivity and internet services as budgeted in fiscal year 08/09.

~~D. Approval of amendments recommended by the town attorney for the by-laws of the Board of Adjustments.~~

E. Approval of declaring four concrete and wooden benches as surplus property.

Mayor Goudie read the items A through C and E proposed for approval on the consent agenda (item D was moved to New Business at the beginning of this meeting). Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Vice-Mayor Davis moved to APPROVE items A-C and E 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. Discussion of Town Council-Land Use Planning/Local Planning Authority Designation – requested by Mayor Goudie. Mayor Goudie explained that about a year and a half ago they became aware that they as Council did not have the authority to change the comprehensive plan proposal unless they were also the Local Planning Agency (LPA). Mayor Goudie stated that he believe the elected body should have this authority, not an appointed board. He also feels that Council should be designated as the Land Development Regulatory Commission and referred to 163.3164, Florida Statutes which provides that Council will retain veto authority in these matters. Mayor Goudie stated that he wanted the Planning Commission to keep doing what they are doing – reviewing and offering recommendations. Councilmember Sturno stated that he felt they should return this designation to the Planning Commission because Council does have the last word on it whether they are the LPA or not. Vice-Mayor Davis questioned whether the Planning Commission would even want the full level of responsibility of the LPA and agreed with Mayor Goudie that this is better suited as a responsibility of the elected body. Councilmember McCormick and Councilmember Sturno both indicated that they had been told by members of the Planning Commission that they want the LPA designation back. Ms. Cassady advised that if the intent is for the Planning Commission to do all matters in but in an advisory capacity, they need to amend section 3.4.3 of the Town Code. Mayor Goudie opened for public comment. Simone Johnson, Front Street, stated that she feels that Town Council has the ultimate authority without this designation and that the Planning Commission should be the LPA. She felt this was a power grab and an insult to the Planning Commission members. Gary Comfort, 85 Ocean Way Drive, stated from his service on the Planning Commission that he didn’t feel that anyone on the Planning Commission ever knew they were the LPA, as they always thought of themselves in an advisory capacity and that the Council would be able to change whatever they saw fit when their recommendation went to them. He didn’t feel that Council keeping the designation of LPA was a statement that they didn’t want the Planning Commission recommendations. Don Romanik, 4545 South Atlantic Avenue, stated that he felt the Council has the ultimate authority but sees their plate as being too full and believes the LPA designation is better placed upon the Planning Commission. Mayor Goudie closed public comment. Council determined that Ms. Cassady should work with Mr. Joulani and come up with a recommendation to bring to the next meeting, which could possibly include a revision to section 3.4.3 of the Town Code.

B. Discussion and update on Memorandum of Understanding regarding a Daytona State College satellite campus in Lighthouse Point Park – requested by Vice-Mayor Davis. Vice-Mayor Davis stated that she requested this item for the agenda because she has a concern that Council may have actual approved this at the joint meeting held on August 21, 2008. Ms. Cassady referred to the minutes of that meeting, which were prepared by Volusia County, and stated that support was all that was indicated – not approval. It is noted within the minutes that there would need to be more discussion of the concept. The memorandum was never signed by any party. Also, Ms. Clauss advised that the County specifically changed the wording of the agenda for that meeting from “Approval of MOU” to “Consideration of MOU”. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Ms. Blissett advised that she has spoken to the County and the College and meetings are expected to begin on this subject after the holidays.

14. NEW BUSINESS:

A. Discussion of making recommendations to the County Council for beach concessions, as was done by the City of Daytona Beach Shores – requested by Vice-Mayor Davis. Vice-Mayor Davis stated that she had attended a meeting where this was discussed and wanted to find out if the Town was interested in expressing any preference on this subject. Council members indicated that they felt the County had more expertise in this area but could understand why Daytona Beach Shores wanted to make its preferences known. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. No action was taken on this item.

B. Approval of amendments recommended by the town attorney for the by-laws of the Board of Adjustment. Ms. Cassady went over the proposed changes which were done to at her recommendation to achieve compliance with Town regulations. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Councilmember McCormick moved to APPROVE the amendments to the by-laws of the Board of Adjustment, 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.

15. EXECUTIVE SESSION. Council recessed the regular meeting to hold the duly noticed executive session at approximately 9:30 p.m. and reconvened the regular meeting at approximately 10:10 p.m. Those attending the executive session were as follows: Mayor Goudie, Vice-Mayor Davis, Councilmember McCormick, Councilmember Derr, Councilmember Sturno, Town Manager Kassandra Blissett, Town Attorney Virginia Cassady, and a court reporter from Orange Court reporting.

16. FROM THE TOWN MANAGER. Ms. Blissett advised that all town personnel have completed both CPR and AED training. The donation drive is going very well Town-wide and the police department has even donated twelve bicycles to charitable organizations. Chief Scales has been elected as the President of the Volusia County Fire Chief’s Association. On November 25, 2008, the Volusia County Health Department came and inspected the Public Works records regarding the potable water system, valve exercising program, and the backflow device program. They were impressed with the record-keeping and found no violations. On December 9^th & 10^th, Kenneth Jones and Steven Linkfield attend the Sunshine Safety Council’s MOT Training. This is mandatory training for employees who work in our roadways. Both employees passed the written tests and became certified with the state (all Public Works employees are now certified.) Ms. Blissett stated that the Market in the Park was a successful event and she was very appreciative of all who participated. Ms. Blissett requested that the Town Manager and Town Attorney comments be moved up on future agendas so that there would still be some audience present and that they rotate the order of the Council Members giving their reports. All indicated agreement.

17. FROM THE TOWN ATTORNEY.

A. Motion to be made pursuant to discussion in the Executive Session. Councilmember Derr moved to direct the town attorney to zealously advocate the defense in the Pacetta LLC case and work with the attorney for the Citizens for Property Rights, Inc., seconded by Mayor Goudie. Vice-Mayor Davis and Councilmember Derr noted for the record that they had discussed with the town attorney their prior positions with the Citizens for Property Rights, which they have no affiliation with now, and determined that no conflict exists for them in voting on this matter because there is no financial gain to them. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Vice-Mayor Davis – yes, Councilmember McCormick – no, Councilmember Derr - yes, and Mayor Goudie – yes.

18. ADJOURNMENT. Mayor Goudie adjourned the meeting at approximately 10:20 p.m. announcing the next meeting as January 21, 2009 – Regular Council Meeting.

Respectfully submitted by:

Jeaneen P. Clauss, CMC,

Assistant Town Manager/Deputy Clerk