PonceInletFL - 07/20/2009 Town Council Minutes

Town of Ponce Inlet

Special Meeting of the Town Council

July 20, 2009

1. CALL TO ORDER: Pursuant to proper notice, Mayor Goudie called the meeting to order at 9:00 a.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:

Town Council:

Mayor Goudie, Seat #1

Councilmember Derr, Seat #2

Councilmember McCormick, Seat #3

Councilmember Davis, Seat #4 arrived at approximately 9:10 a.m.

Councilmember Sturno, Seat #5

Staff Members Present:

Jeaneen P. Clauss, Interim Town Manager/Town Clerk

Assistant Finance Director, Kim Morrone-Pont

Human Resource Technician, Kim Cherbano

Administrative Assistance, Jeni Trepasso

4. Town Finance Workshop: Public comments took place prior to council members’ comments which was agreed upon by council. Ms. Clauss read Resolution 09-11 by title and there was a brief discussion on dates for the public hearing informing that they could not conflict with Volusia County or the School Board public hearings on their budgets. Town of Ponce Inlet first public hearing on the tentative millage rate and budget will take place on Thursday, September 10^th, 2009 at 6:00 p.m. and the second public hearing is set for Thursday, September 24^th, 2009 at 6:00 p.m. in accordance with State Law. Councilmember Sturno moved to approved Resolution 2009-11 as read by title, 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.

Mayor Goudie opened for public participation. Margaret-Ann McCormick, 94 Rains Court, expressed concerns regarding Marti Claws and Marti Gras event which is scheduled for sometime in February. She stated that the Lions Club is working with the town on Marti Paws and Marti Gras and also with PAL on a golf tournament. She encouraged the Town Council to support these events with any contributions available. Public participation closed. Ms. Clauss stated that the budget is balanced with a millage rate of 4.22430 and informed that each 10^th of mill bring in $76,253.00 which can be adjusted either way. Ms. Clauss stated that the Ad Valorem rate equals 22.65% which is below roll-back rate bring in $3,124,516 in revenue compared to last year at $3,942,545. Ad Valorem Delinquent fund was raised to $5,000 which has been more than prior years due to economy. The gas tax funds have been moved to 002 and 003 fund. FPL franchise fee is based on historic receipt of 97%. Business tax receipts and building permits are contingent on Land Development Regulations revisions and the moratorium being lifted. Ms. Clauss stated that revenues are much the same as last years. She then stated that the grants are a set amount of revenue from the State and State Revenues Sharing funds are estimated on the lower end and that these numbers come directly from the State. Ms. Clauss then stated that on page 2 of the revenue side of the budget are the basic charges for leases, donations, fees, reimbursements, and other types of charges that the town receives. She also stated that fund 380-0000 has $50,000 carry over for the waterfront design project from prior year. She further explained that 381-0000 reserve fund is a transfer of funds from the reserve account for one-time expenditures to assist with certain projects. Councilmember Sturno noticed that FPL franchise fee had a decreased in electric costs probably due to the town residences using less electric. Mrs. Pont stated that this amount fluctuates each year and this year there are many houses vacant due to foreclosures. Councilmember Sturno questioned the reserve fund (381-0000) $75,000 for re-write of the LUDC. Ms. Clauss stated that this is a one-time expenditure for different departments and these funds are coming from reserves instead of operating expenses. Mayor Goudie initiated a short discussion on how this funding was being handled. Ms. Clauss asked Mr. Joulani to address the discussion on the re-writes of LUDC. Mr. Joulani stated that he would like to hire a consultant to work with staff on certain portions of LUDC which will be done within one year. He also informed that this would be a two phase project and Councilmember Sturno questioned if phases 1 of 2 of the LUDC should be brought in house considering attorney fees that have not been calculated into the anticipated cost of $150,000 for the total budget on this project. Mr. Joulani stated a block of work will be done this year with a consultant who is also an attorney which will cut expenses. This project is two years behind in current parts according to the State requirements. Mayor Goudie stressed the need of the rewrite for the entire LUDC as this is the area of the town that has the most liability. He informed that this Department’s budget is one of the smallest and the workforce is also smallest. Mayor Goudie addressed the issue of bringing legal in house. Councilmember Sturno stated that there are still going to be challenges in this area and the Town needs to learn from its mistakes. Mayor Goudie stated that the town needs to have a bullet proof LUDC and comprehensive plan but also stated the challenges will always come with individuals. Councilmember McCormick stated he would like to have a time schedule and a plan layout before he could get this into perspective. Mayor Goudie agreed with Councilmember McCormick by stating a plan is needed and the council needs to know what resources are needed. Vice-mayor Davis stated that the town has hired a planner and that they also have a planning council to review the changes. She stressed the fact that the town has a lot of talent in it. She also had concerns with account number 382-2000, 382-2500, and 382-3000 Beach ramp beautification and 382-3500 asking for clarification. Ms. Clauss stated that 382-3500 project is a land acquisition fund and since the town has two land funds this just separate the two funds. Ms. Clauss also informed on beach ramp beautification was complete and there is no need to add funds to these accounts. Mr. Joulani informed that 380-000 funds were set aside for overlay zone designs which has been finished but now needs PWD to prepare ordinance and referendums. Vice-mayor Davis questioned the data analysis and asked if this was necessary. Mr. Joulani stated that it was cost effective and also serve as an example for the rest of Volusia County. This model is based on facts and supports your codes and regulations. Mayor Goudie informed that the overlay software was defensible if challenged and is it becoming popular. Mayor Goudie asked for public comments – None.

Legislative Department:

Ms. Clauss stated that in this year’s budget for legislative the only extra item implemented was a goals workshop which is funded every two years. The basic expense are still the same and travel and per diem has only minor cut in this area. Newsletter is a wash with revenue coming in and expenditures going out. Mayor Goudie stated 4810, 9900, and 9950 have been eliminated due to the recession. Mayor Goudie stated that fund 4810 has been moved to 572-4810 due to the fact that that fund is not charities but town funded. He stressed the need to limit current types of events but would like to support the art show and market in park. Councilmember Sturno supports these types of events and Vice-mayor Davis asked staff to place the events on the survey monkey for citizens input and vote. Councilmember Sturno questioned reducing them across the board instead of eliminating events. Mayor Goudie stated that account number 8110 is just budgeted for consideration and that due to the recession all revenue and expenditures need to be reviewed. Councilmember McCormick stated line items 8110 and 4810 are not a big percentage of the revenue and he feels that the benefits outweigh the cost. Councilmember Sturno suggested leaving 8110 as it is. Vice-mayor Davis stated that these events bring the community together. Mayor Goudie opened for Public Participation. Ron Kramer, member of corvette club stated that the corvette club proceed goes to charitable entities. Margaret-Ann McCormick encouraged Town Council to support the community events and that she understands limiting the funds. She stated the Town should ask Lion Clubs and other organizations to assist and partner with the town. Tami Lewis, DeLeon Circle, encouraged the cutting of events funds but suggested not cutting children events. Mayor Goudie closed citizens comments and open for comments from the Council. Councilmember McCormick was concerned if it was cash or donations or in-kind services that the town gives to these events. Councilmember Sturno asked about the art fair and who was the benefactor of this event. Mayor asked for public participation. Dottie Kiel, 1 Kelly Bea Court, stated that the art guild added no benefit to the town and funds go back to the arts and stated that only 20% of the artists are from Ponce Inlet. Artists pay fees to exhibit and those funds goes towards prizes during the show. Councilmember Derr stated in-kind contribution come from the fire department, police department and public works. Ms. Clauss clarified some of the cost that are associated with the events. Chief Thomas stated that his department gives an action report and laid out what is spent for each event to the town manager. Chief Scales stated that he provides at least $900 towards art show and $500 to Corvette club. Vice-mayor Davis asked for a calendar of events with the breakouts of cost and hours for each. Mayor Goudie concerned that fund 9950 had nothing in it. Ms. Clauss stated that this is a brand new fund this year and has been requested by GFOA. Mayor Goudie stated that account 9900 has 9 months of reserve funds and do not anticipate any additional funds put into it this year.

Administration Department:

Ms. Clauss stated that there were no salary increases in this department and that a Town Manager salary was budgeted at $95,000 with funds going in other departments. She explained a little of the budget but informed the council members’ that this department had decreased it budget by a little over $450,000 from prior year’s budget. Councilmember McCormick questioned the reduction in pest control line item. Ms. Clauss explained that the janitorial services has been eliminated leaving only pest control cost. Vice-mayor Davis questioned the dental expenditure and asked for clarification on the stipend for record management and the It-stipend. She also inquired on who has auto allowance and vehicles and who determines who get these. Ms. Clauss informed that the town manager, fire chief, development director and police chief get some type of the auto allowance or vehicle based upon their department, outside meeting, and even responses for work. She also informed that there are two other individuals such as police commander and general manager of public work who have vehicles for work responses. Chief Thomas clarified how the determination was made on who should receive a vehicle in accordance with their job and duties. Ms. Clauss informed that the dental runs approximately $11,500 a year and this took place of the short term disability which was a cost saving to the town. IT stipend is provided to Chief Scales for technical support concerning our computer and communication operations. Records management is provided to utility billing clerk and of which she coordinates with outside vendor and works to get records scanned for the town. Councilmember Sturno had a question regarding auto allowance, vehicle availability, overtime and cell phones. Councilmember McCormick stated that these types of benefits are what attract staff and maybe council needs to revamped them. Councilmember Derr addressed her concerns with the auto allowance and asked which employees have contracts and wanted to know what the cost of the fuel and how much mileage was being placed on the vehicles. Mayor Goudie asked staff to prepare a spreadsheet from every department to include auto allowance, insurance, fuel and mileage, cell phone cost, OT, stipends and to include benefits. Councilmember Sturno continued discussion on cell phones, auto allowance, and over time per department. Mayor Goudie asked for public participation. Kramer informed that no private entities provide dental benefits and need to review reducing health care. There was a discussion concerning the cost of retirement. Ms. Clauss stated that the fire department and police department has had FRS for a long time and the general employees had just received the FRS retirement. Ms. Clauss explained the difference between term and whole life insurance. Ms. Clauss also informed the council members that staff is working on health insurance cost at this time.

Legal department:

Councilmember Sturno stated that item number 3100, attorney fees, seemed costly. Vice-mayor Davis and Councilmember Derr agreed a lot of work being distributed outside of town. Councilmember Derr stated she prefers an in house attorney. Mayor Goudie is concerned with cost of an in house attorney and he stated that the town has the space and it would be a great benefit. Mayor Goudie asked staff to explore the issues of a full or part time attorney and paralegal. Vice-mayor Davis stated she would like staff to explore possibly a special legal secretary and that she was concerned with the cost of an in house attorney. Councilmember Sturno informed that in-house attorney cost more and the town would still need a separate attorney for litigation. Councilmember Derr stated that the key is for the foundation to be a strong one. Mayor Goudie open for public participation. Margaret-Ann McCormick informed the Town Council that a few years ago a committee reviewed for an in house attorney it was costly and was not a solution. Tami Lewis, Ponce Deleon, concerned about the cost of an in-house. Councilmember McCormick stated that even telephoning the attorney the cost is high and then not every town councilmember receives the information that was requested by another councilmember. Vice-mayor Davis asked if the report from the advisory committee concerning the in house attorney could be placed on the website for residents. Mayor Goudie stated that there is a blanket charge of 4 hours a month for a town councilmember to speak with an attorney. Councilmember Sturno stated he preferred 4 hours per issue. Ms. Clauss stated that there is a fixed price of $1500 monthly to cover regular meetings etc... Mayor Goudie informed that the next budget meeting is scheduled for next Monday June 27^th at 9:00 a.m.

5. ADJOURNMENT. Mayor Goudie adjourned the meeting at 11:29 a.m.

Respectfully submitted by:

Jeaneen P. Clauss, CMC, Interim Town Manager/Town Clerk

Prepared by: Kim Cherbano, Human Resources Technician