PonceInletFL - 08/20/2009 Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Regular Meeting of August 20, 2009

1. CALL TO ORDER: Pursuant to proper notice, Mayor Goudie 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 Goudie 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. Clauss, Interim Town Manager/Town Clerk

Mr. Gunter, General Manager of Public Works

Mr. Joulani, Director of Planning and Development

Mr. Marks, Chief Building Official

Chief Scales, Fire Chief

Mr. Shepard, Town Attorney

Chief Thomas, Police Chief

Ms. Trepasso, Audio/Visual Assistant

Ms. Yoon, Planner

4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: The following changes were agreed upon: Range-Rider presentation for item 16-D would be heard upon arrival of presenter at approximately 7:00 p.m.; item 10-D was moved to precede item 10-A; items 7-A and 7-C were rescheduled for the regular meeting on September 17^th, 2009 at 6:00 p.m.; and termination of WAV was added as item 6-C. Later in the meeting, all agreed to move Council and Manager reports to the end of the meeting if time permits.

5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:

A. Proclamation expressing support for the goals and ideals for the 2010 Census. Mayor Goudie read this proclamation which will be sent to the U.S. Census Bureau, as they requested.

6. OLD/NEW BUSINESS REQUESTED FOR THE BEGINNING OF THE MEETING:

A. Appointment of a member to the Parks, Recreation and Tree Advisory Board. Ms. Clauss advised that Mary Anne James has resigned from this board. They have one alternate for consideration in filling this vacancy, Allan Burnworth, who they appointed as an alternate at the July meeting. Another applicant has applied but not in time for consideration at this meeting. Council determined that they would postpone this item to the September meeting for consideration of the additional application as well.

B. Request from Lorain Hayes for waiver or reduction of fine imposed by Code Enforcement Board. Mr. Joulani presented this item via the attached staff report. In summary, the violations of the one property on Jennifer Circle had resulted in a lien on both properties owned by Ms. Hayes in the Town (the one on Jennifer Circle and the one on Ponce Terrace Circle). Though Ms. Hayes had requested this item for consideration, she was not present. Judy Bisnek, SunTrust Mortgage and real estate agent Rachel McGrath were present to represent the potential buyer of the property on Ponce Terrace Circle and asked that Council consider releasing that property from the lien. Mr. Shepard advised Council that he would not recommend reducing the collateral they have for this. It was stated that the property on Jennifer Circle had been sold and concerns were raised as to how this could have occurred without the lien being paid. Councilmember Sturno move to deny the request from Lorain Hayes for waiver or reduction of the fine, seconded by Mayor Goudie. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. This motion PASSED 3-2 with the following vote: Councilmember Sturno – yes, Vice-Mayor Davis – yes, Councilmember McCormick – no, Councilmember Derr - yes, and Mayor Goudie – no. Council then authorized Mr. Shepard to spend up to two hours on this matter and get back to them on collection of this fine. (Editors note: the following business day, Ms. Clauss was able to confirm that the fine amount had been held in escrow from the sale of the property on Jennifer Circle. She notified the title company of the denial of the request and asked that a check for the full amount be sent to the Town. She then notified the parties for the Ponce Terrace Circle property that the lien will be released on both properties upon receipt of that check. No attorney time was required.)

C. Termination of WAV. Ms. Clauss referred to the e-mail they received from Mary Swiderski with the Volusia Council of Governments on this. Mr. Sturno advised that the WAV Board had discussed this at their meeting this month and determined that though it was sad, it was inevitable. A letter stating that the Town wished to terminate the agreement had been prepared for his signature to but Council authorization was requested. A pro-rata share of the funds left in the WAV account would be distributed amongst the various members (approximately $7,300 total for Ponce Inlet). Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. All agreed to authorize Councilmember Sturno to sign a letter stating that the Town wished to terminate the agreement with WAV effective immediately.

16-D. Replacement of Town Manager – requested by Councilmember McCormick. The presentation portion of this item was moved to this point in the agenda (7:00 p.m.) to hear from Dick Kelton, member of the Range Riders with the International City/County Managers’ Association. He stated that they are a group of retired city and county managers who voluntarily provide assistance, particularly to smaller cities, in the manager hiring process. They help with advising on the best placements of advertising and the screening process to reduce what could be sixty or more applicants to a manageable qualified number of ten or so. Councilmember Sturno commended Mr. Kelton for his work on this and stated that this is one of the benefits of being a member of the Florida League of Cities, Inc. Council agreed that additional discussion of this would be held when we get to the scheduled placement of this item.

7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS:

A. Request for a minor replat at 4966 South Peninsula Drive. This item was postponed to the regular meeting scheduled for September 17^th, 2009 at 6:00 p.m.

B. Request for a minor replat at 4901 Sailfish Drive. Mr. Joulani presented this item via the attached staff report and PowerPoint (Attachments A & B) – recommending approval with three conditions. Council discussed the particular shape of this replat, feeling that the triangle into the area one portion of it extending into the driveway of the other portion was odd and could cause problems later. Mr. Joulani stated that this triangle was necessary to meet the square footage requirement and the properties now met all requirements of the Code. They would manage any issues with regard to the extension of one property into the driveway of the other through his recommended condition number two for a private easement to be submitted and approved prior to recordation of the replat. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Mayor Goudie moved to APPROVE the request for a minor replat at 4966 Sailfish Drive with the three conditions listed in the staff report (attachment A), 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. Request for approval of variances from off-street parking and loading requirements and from driveway materials and surfacing, lighting, drainage requirements at 4966 South Peninsula Drive. This item was postponed to the regular meeting scheduled for September 17^th, 2009 at 6:00 p.m.

8. PUBLIC HEARINGS / NON-QUASI-JUDICIAL MATTERS:

A. Second reading / adoption of Ordinance 2009-10, amending the purchasing policies regarding thresholds and selection of professional services. Mr. Shepard read this ordinance by title and confirmed that he had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, AMENDING VARIOUS SECTIONS OF ARTICLE VIII, CHAPTER TWO OF THE TOWN’S CODE OF ORDINANCES REGARDING PURCHASING POLICIES; REQUIRING TOWN COUNCIL APPROVAL FOR PURCHASES WITH AN ESTIMATED VALUE OF $10,000 OR MORE; REQUIRING THAT FINAL DECISION IN THE SELECTION PROCEDURE FOR PROFESSIONAL SERVICES IS TO BE MADE BY TOWN COUNCIL, EXCEPT IN CERTAIN LIMITED CIRCUMSTANCES; PROVIDING FOR CODIFICATION, SEVERABILITY, AND CONFLICTS; AND ESTABLISHING AN EFFECTIVE DATE. Ms. Clauss stated that this ordinance was prepared pursuant to Council direction to bring the manager’s purchasing threshold down from twenty-five thousand dollars to ten thousand dollars and tightens up the procurement procedures for professional services. Ms. Clauss stated that it had been brought up in one of the one-on-one meetings with council members that perhaps Sec 2-396(b)(5) should match (3) to incorporate attorney or council approval. Vice-Mayor Davis confirmed with Mr. Shepard that this change was permissible on second reading. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Councilmember Sturno moved to APPROVE the second reading / adoption of Ordinance 2009-10 with the change suggested in Sec 2-396(b)(5), seconded by Mayor Goudie. 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. Second reading / adoption of Ordinance 2009-11, amending the animal regulations to incorporate trap-neuter-release program. Mr. Shepard read this ordinance by title and confirmed that he had approved for legality and form: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF PONCE INLET, CHAPTER 10 “ANIMALS”, PROHIBITING AND REGULATING THE KILLING OR TRAPPING OF ANIMALS; PROVIDING FOR THE PROTECTION OF BIRDS AND WILD FOWL; PROVIDING FOR ADDITIONAL DEFINITIONS; PROHIBITING PETS RUNNING AT LARGE; PROVIDING FOR DISPOSAL OF ANIMAL WASTE IN PUBLIC AND ANIMAL ENCLOSURES; PROHIBITING ANIMAL NUISANCE AND FEEDING OF FERAL CATS AND STRAY ANIMALS; AMENDING ANIMAL LICENSING REQUIREMENTS; AMENDING PROVISIONS REGARDING IMPOUNDMENT OF ANIMALS; AMENDING REDEMPTION OF IMPOUNDED ANIMAL; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Clauss stated that in accordance with Council direction at the first reading of this ordinance, staff examined the wording of Sec 10-92. Concerns had been raised as to whether this section was bias against dogs due to the running at large requirement being directed towards them and not cats. The wording suggested at the meeting for correcting that would have resulted in making the running at large requirement applicable to both dogs and cats but only if they were not licensed. Ms. Clauss stated that staff reviewed and discussed this and feels that Council should consider leaving the wording as it is because it covers both the licensing requirement and the at large requirement for dogs very well and they have not had an at large issue with cats. Ms. Clauss also referred to line 336 where a one-hour limit was to be placed upon the police department to either find the owner or transport the animal to the shelter. Staff felt this limit was too restrictive to be helpful to either the pet or the owner and that it would be difficult for their often limited staff to meet. They asked proposed within the wording “within a reasonable period of time”. All members indicated agreement with the second proposal from staff but both Councilmember Sturno and Councilmember McCormick expressed concern about at large nuisance cats and felt that the general at large provisions should be applicable to them as well. Councilmember Sturno moved to add a provision to include preventing cats from running at large, seconded by Councilmember McCormick. Councilmember Derr stated that she felt the nuisance section of their animal regulations already covered this. Mayor Goudie opened for public comment. Philip Townley, 60 Buschman Drive, stated that he has been adopted by a stray cat and that he did not feel at large restrictions should apply to cats. Nancy Epps, 125 Old Carriage Drive, stated that cats are different than dogs and that they did not need the same requirements for them. Her cat goes outside but doesn’t leave her yard. At large regulations would prohibit even that. Margaret Ann McCormick. 94 Rains Court, stated that cats come to her home and regularly intimidate her dogs. Chief Thomas advised that the nuisance regulations would cover this concern and she should contact the police department. Tami Lewis, 108 Ponce de Leon Circle, stated that this change would be costly both in police officer time and in fees of $80 per cat to the humane society. Ginger Bayer, 55 Jennifer Circle, stated that she would never have a cat if they had to be kept in the house and asked if they were going to have to hire more police officers to catch cats? JoEllen Basile, 4740 South Atlantic Avenue, stated that this was a part of the animal regulations that was not broken and therefore no change was recommended. She stated that no municipality / county catches cats at large and that it would be opening a giant can of worms unnecessarily. Amy Rutledge, 68 Beverly Hills Drive, stated that the nuisance area of the Code sufficiently covers this. Julie Davis, 87 Jennifer Circle, stated in regard to registering your cat that not all cats where collars, some are micro-chipped. Chief Thomas stated that the Code requires the animal to wear the registration tag at all times. Bill Milano, 4779 South Atlantic Avenue, expressed support for leaving this ordinance as it is. Mayor Goudie closed public comment. Councilmember Sturno withdrew his motion and Councilmember McCormick withdrew his second. Councilmember Sturno moved to APPROVE the second reading / adoption of Ordinance 2009-11, seconded by Mayor Goudie. 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.

9. CITIZENS’ PARTICIPATION:

Julie DFavis, 87 Jennifer Circle, advised that the Davis Committee paid for a title search on the Pacetti Cemetary ($500) and she then presented that to Ms. Yoon to move the nomination along in recognizing this as a historic property.

Margaret Ann McCormick, 94Rains Court, suggested that when Council members attend a conference or seminar that they write a short report on the meetings that they attend to share the information with citizens. Ms. McCormick then advised that the PICCI Board has agreed to sponsor a Hob Nob for citizens to meet the candidates on October 6^th from 6:00 p.m. to 8:00 p.m. They will invite the County Council candidates as well and Ms. Clauss will place information regarding it on the Town Website, etc… Ms. McCOrmick stated that she has attended three out of five of the budget prep meetings this year and hasn’t seen much done. She suggested that the manner Councilmember Derr sent her questions in advance was a good idea so that all could have the information and move on from there.

Philip Townley, 60 Buschman Drive, stated that he and his neighbors are concerned with the stage that was approved for Jerry’s restaurant, as they live nearby. The first they had heard of this was in the News Journal after the approval. He stated that he didn’t know if anything could be done in regard to that approval now but asked that this be placed on the record.

Jennifer Lampart, 4322 South Atlantic Avenue, expressed concern with neighboring rentals: no license, multiple parties in one dwelling, noise,… Ms. Clauss asked that she make sure Mr. Joulani has her contact information prior to leaving tonight so that staff can look into this.

10-D. Resolution 2009-09, establishing a Banking Services Selection Committee. Mr. Shepard read this resolution by title and confirmed that he had approved for legality and form: A RESOLUTION OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA ESTABLISHING A BANKING SERVICES SELECTION COMMITTEE; ESTABLISHING THE DUTIES OF THE BANKING SERVICES SELECTION COMMITTEE; APPOINTING MEMBERS TO THE BANKING SERVICES SELECTION COMMITTEE; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Clauss advised, that pursuant to discussions at the continuation of the June 17^th meeting held on June 19^th, staff notified the Town's banking service provider that the Town will be obtaining competitive bids for this service. Staff then recommended that a citizens committee be appointed for the RFP process in lieu of hiring a consultant. Council agreed and asked that staff advertise for applicants. Six applications have been received by the deadline of August 12^th at noon (listed alphabetically): Gary Comfort, Tony Goudie, Robert McLaughlin, Robert Mearns, Robert Schamay, and Gary Smith. Council confirmed that it was not a conflict of interest for Mayor Goudie to serve on this committee. Mayor Goudie opened for public comment. Robert Mearns, 6450 Links Village Drive, stated that he is interested in serving on this board because he was a banker for many years and on the other side of the RFP process. He did express concern about having a Council member on the board though – feeling that might sway the process. Mayor Goudie closed public comment. Vice-Mayor Davis and Councilmember Derr agreed. Mayor Goudie stated that his intent was to learn as they go through this process but since there was a concern he withdrew his application. Councilmember McCormick moved to approve Resolution 2009-09 with the following members: Gary Comfort, Robert McLaughlin, Robert Mearns, Robert Schamay, and Gary Smith, 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.

10. ORDINANCES (FIRST READING) AND RESOLUTIONS:

A. First reading of Ordinance 2009-09, amending water irrigation regulations to comply with those of St. Johns River Water Management District. Mr. Shepard read this resolution by title and confirmed that he had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, RENAMING ARTICLE III, CHAPTER 78, OF THE CODE OF ORDINANCES; VACATING AND DELETING SECTIONS 78-131 THROUGH 78-138 OF THE CODE OF ORDINANCES AND ADOPTING NEW PROVISIONS IN SAID SECTIONS TO PROVIDE FOR IMPLEMENTATION OF THE MOST RECENT WATER CONSERVATION RULES FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND VOLUSIA COUNTY; PROVIDING DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE. Councilmember Sturno stated that the Town was now required to adopt regulations that were in compliance with those of Volusia County but with WAV’s termination, the County is now working on enforcement provisions. He suggested that they postpone action on this ordinance until the County’s enforcement provisions could be incorporated within it. Vice-Mayor Davis moved to postpone this item indefinitely for the County’s enforcement provision, seconded by Mayor Goudie. 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. Council directed Ms. Clauss to follow-up with the County on this.

B. Resolution 2009-06 amending the Town fee schedule. Mr. Shepard read this resolution by title and confirmed that he had approved for legality and form: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, FLORIDA, AMENDING RESOLUTION 2009-01 PART II (BUILDINGS AND BUILDING REGULATIONS), PART III (ELECTRICAL SYSTEMS/COMPONENT INSTALLATION), PART IV (PLUMBING SYSTEMS/COMPONENT INSTALLATION), PART V (MECHANICAL SYSTEMS/COMPONENT INSTALLATION), PART VI (GAS SYSTEMS/COMPONENT INSTALLATION), PART VII (SWIMMING POOL INSTALLATION), PART VIII (EXCAVATION AND GRADING PERMITS), PART IX, (STREETS, SIDEWALKS AND OTHER PUBLIC PLACES), PART XVI (PLANNING AND ZONING DIVISION FEES), PART XVII (FIRE DEPARTMENT FEES), Part XVIII (Police Department Fees), PART XIX (PUBLIC WORKS DIVISION FEES), AND Part XX (Administrative Services Department Fees) OF APPENDIX A OF THE CODE OF ORDINANCES OF THE TOWN OF PONCE INLET, FLORIDA; PROVIDING FOR CODIFICATION AND CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Joulani introduced this item via the attached staff reports (Attachment C and D). Though he felt that either resolution was totally defensible, he suggested that Resolution 2009-06-B-1 might be preferable. Councilmember Derr stated that she felt they should be harder on the code enforcement end and keep the fees lighter on the application end to discourage work being done without a permit. Therefore, it the areas of construction work, she felt they should keep the fines at $200 instead of the proposed reduction to $100. Councilmember Derr inquired about the fire inspection fees and why these were not on a graduated scale as other seemingly similar fees. Chief Scales responded that the fire inspection is for the common areas and the work needed doesn’t really change too much based upon the number of units, etc… Councilmember Derr asked about the $450 reduction from full to direct cost on line 549, stormwater runoff alteration. This is because the fee is now set up to cover internal staff work only. All external professional review will be charged separately. Councilmember Derr proposed they get into more of a fine structure than a permit structure for real estate signs. Vice-Mayor Davis referred to line 413 and confirmed that the only municipal building that the Town would be renting would be the Cook Shack and asked that the wording be changed to specify that. Mayor Goudie opened for public comment. Nancy Epps, 127 Old Carriage Road, stated that she agreed with Councilmember Derr that they should focus on the penalty area for higher fees instead of charging higher permits. Don Romanik, 4545 South Atlantic Avenue, expressed appreciation to Council for being invited to participate in the revision and felt this had been a good process. He stated that he remains adamantly opposed to any fees that do not directly benefit the applicant though. Julie Davis, 87 Jennifer Circle, stated that she just received her business license renewal and the amount had gone from $30 to a $100 application fee. Bob Zelna, 4901 Sailfish Drive, stated that he feels the fees in Ponce Inlet are way out of line and asked if Council indented to refund the amounts charged under resolution 2009-01. Ginger Bayer, 55 Jennifer Circle, asked if one needs a permit to get an air conditioner fixed and why. She also expressed concern about the application fee for business tax receipts. Mayor Goudie closed public comment. Mr. Joulani pointed out a couple areas that staff missed in prior reviews and he would like to now amend: change the 1 – 1,500 square feet to “up to 1,500 square feet on pages 11 and 14 and change the community services director to planning and development director on page 14. Vice-Mayor Davis moved to APPROVE Resolution 2009-06-B-1 to include the higher code enforcement fines remaining pursuant to Councilmember Derr’s request, specifying the Cook Shack as the only municipal building they rent, and incorporating the changes noted by Mr. Joulani and to refund any fees paid from April 15^th to the present, seconded by Mayor Goudie. 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.

C. Resolution 2009-08, establishing a tier structure water rate system. Mr. Shepard read this resolution by title and confirmed that he had approved for legality and form: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, FLORIDA AMENDING UTILITY RATES; AMENDING PART X (WATER SERVICE), PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Clauss introduced this item, stating that it had been prepared in accordance with Council direction earlier this year when they received their User Charge Analysis from their engineers. At that time, they requested that conservation pricing options be explored. This resolution was prepared by the Town’s engineering firm for that purpose. Councilmember Sturno stated that this was in line with the emphasis from WAV in the high user audit they were beginning. Councilmember Derr stated that she supports the concept but not right now, given the difficult financial times. Mayor Goudie opened for public comment. Don Romanik, 4545 South Atlantic Avenue, stated that he is concerned about the water bills for condominium dwellers as this appears to compound all of their use into one view and the higher rates would be assessed. Nancy Epps, 127 Old Carriage Road, stated that she is concerned about the commercial increase and feels only single family and irrigation should be impacted with this to keep in equitable. Dick Nieland, Inlet Harbor Marina and Restaurant, stated that this would result in a 25% increase on their water bill. Jim Hinson, 4745 South Atlantic Avenue, expressed the same concern as Mr. Romanik (above) regarding how condos would be affected by the tier structure since they have only one meter. Mayor Goudie closed public comment. Ms. Clauss asked that Council postpone this item to their next meeting so that she could ask the engineer to attend. She stated that she felt pretty confident that the condos would actually receive a benefit because the total water used is then divided by the number of condos and should keep all at the lower rates but she didn’t have anything firm to prove that tonight. She would also like for the engineer to be able to address the commercial area. All agreed.

D. Resolution 2009-09, establishing a Banking Services Selection Committee. This item was heard prior to item 10-A, as determined at the beginning of the meeting.

E. Resolution 2009-12, amending political sign regulations. Mr. Shepard read this resolution by title and confirmed that he had approved for legality and form: A RESOLUTION OF THE TOWN OF PONCE INLET, FLORIDA, AMENDING THE REQUIREMENTS FOR POLITICAL SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Clauss stated that in the election of 2008, the constitutionality of several of the Town’s political sign requirements were called into question. At staff’s request, Council directed that they not be enforced for the remainder of that election and it was thought that the Town would have a revised sign ordinance before the 2009 election. The Town still does not have a new sign ordinance so this resolution has been prepared as a stop-gap measure to avoid the pitfalls of last year. Mayor Goudie opened for public comment. Nancy Epps, 125 Old Carriage Road, asked that staff hold any signs that are picked-up (as they have in past years). Mayor Goudie moved to APPROVE Resolution 2009-12, 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: This item was moved to the end of the agenda, if time permitted (which it did not).

12. FROM THE TOWN MANAGER. Ms. Clauss indicated that she had nothing further to report.

13. FROM THE TOWN ATTORNEY. Mr. Shepard stated that he had a couple subjects to cover briefly tonight.

A. The first was that it has been pointed out to him by Vice-Mayor Davis and Ms. Clauss that there are two sections in the Charter which refer to a specific appointment being required for the Town Manager to serve as the finance director/treasurer and also as the Town Clerk. To make sure they are covered in doing this properly, he asked that they consider making that appointment of Ms. Clauss now. Vice-Mayor Davis moved to APPOINT Interim Town Manager Jeaneen Clauss as the Town’s Finance Director/Treasurer and Town Clerk, 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.

B. Secondly, Mr. Shepard wanted to explain why in the Pacetta vs. Town / DCA case that they felt that abatement was a good choice for the time being. They would always have preferred to have the circuit court hearing prior to the DCA hearing but they were not the filers and therefore had to wait for Pacetta to choose that course of action. In the meantime, they prepped fully for the proposed three day trial. A victory seemed likely for the Town but it would have cost a lot more money and then could be meaningless if the circuit course case went differently. Therefore, when given the opportunity to abate the DCA hearing, they felt that was the best course of action and made that recommendation to each Council member who expressed agreement with such.

C, Thirdly, Mr. Shepard stated that he needs direction regarding Las Olas. He offered to meet with each member separately to get this but Council indicated that they would rather discuss it now. They agreed in full that they are now ready to cut their losses in this matter and instructed Mr. Shepard to end this suit.

D. Lastly, Mr. Shepard stated that, going forward, all litigation correspondence will be forwarded to Council as soon as it is received by his office.

14. CONSENT AGENDA:

A. Approval of the Town Council regular meeting minutes – July 15, 2009.

B. Approval of the Town Council special meeting minutes – July 20, 2009

C. Approval of declaring certain items as surplus equipment.

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. Vice-Mayor Davis 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.

15. OLD BUSINESS: None.

16. NEW BUSINESS:

A. Legal services:

With the hour approaching 10:00 p.m., by unanimous consensus Council agreed to extend the meeting until 10:15 and then agreed to 10:30 to complete this item.

i) Amended legal services agreement. Council reviewed this agreement and noted on page 1 that they may choose to exercise the area more in which they can disapprove the assignment of any particular attorney assigned by the firm to the work of the Town. On Page 4, they discussed the area now proposed for removal regarding the monthly litigation status reports. They have never received these in writing but thought it might be a practice they would like to see at work. In speaking with Mr. Shepard, they decided to continue the verbal updates for now so as to put as little in writing as possible regarding their open cases. On page 5, Council would like to make sure that if work is performed for one member that the town manager and other Council members are provided a copy of it. On page 8, there was some discussion regarding the 10 day appeal on the bill. They determined that this should be changed to 15 days but they will receive weekly work in progress reports from the firm (one caveat is that they have not yet been reviewed by Mr. Shepard and are still a draft). Bills will then be placed on the consent agenda each month but payment for them will not be delayed for approval.

ii) Bills for legal services. Mr. Shepard stated that he will serve as the gatekeeper on the Firm’s side. He has had a telecon with Vice-Mayor Davis to hear her individual concerns and he will have one with Councilmember Sturno to hear his as well. He cannot speak in great detail on specific items on bills of the past but he knows generally what the Town has been concerned with and he will work to keep them better informed. Mr. Shepard will serve as the Town Attorney and be present at most all of the meetings of the Town Council. He stated that he cannot attend to all of the Town’s needs personally though, as he has other municipal clients and additional clients as well. When asked about the length of time to prepare what they think of as a copycat ordinance, Mr. Shepard explained how often they find issues with these types of ordinances and the research required to avoid pitfalls that others have or will likely experience from them. There is also the issue of insuring that when they are proposing changes to the current Code that they make the change throughout and that they only change the areas they intend to and this takes time. For that reason, sometimes it may be better to allow them to prepare the ordinance from start to finish. He will work with them to reduce these expenditures though and provide a clear understanding as to how they mount up.

B. Real-estate owned (REO) properties. This item was requested by Mayor Goudie but time ran out before they could get to it.

C. Board Support Study. This item was requested by Councilmember Derr but time ran out before they could get to it.

D. Replacement of town manager. This item was requested by Councilmember McCormick but time ran out before they could get to it.

E. Employee’s maximum personal leave accrual. This item was requested by Councilmember Sturno but time ran out before they could get to it.

F. Installation of sidewalk/speed bumps on Inlet Harbor Road. This item was requested by Vice-Mayor Davis but time ran out before they could get to it.

17. ADJOURNMENT. Mayor Goudie adjourned this meeting at approximately 10:30 p.m., announcing the special council meetings for budget preparation on August 24^th and August 31^st (editors note: the August 31^st meeting was changed to September 1^st), the special meetings for adoption of the millage rate and budget scheduled for September 10^th and 24^th, and the regular meeting scheduled for September 17^th, 2009.

Respectfully submitted,

Jeaneen P. Clauss, CMC,

Interim Town Manager/Town Clerk