Town of Ponce Inlet
TOWN COUNCIL MINUTES
Regular Meeting of October 15, 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
Ms. Trepasso, Administrative Assistant
Ms. Cherbano, Human Resource Technician
Chief Scales, Fire Chief
Mr. Shepard, Town Attorney
Chief Thomas, Police Chief
Ms. Yoon, Planner
4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: Councilmember Sturno requested to add additional items under Awards for a 5-D, Recognition of the Eagle Scout Award presented to the Town of Ponce by Eagle Scout, Eddie Maliszewski and item 5-E, Recognition of a commendation for Wayne Lurcock, Police Commander of the Ponce Inlet Police Department.
5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:
A. Proclamation declaring October as Breast Cancer Awareness Month. Mayor Goudie read this proclamation which will be displayed at Town Hall.
B. Proclamation recognizing October 18-24, 2009 as Florida Municipal Government Week. Mayor Goudie read this proclamation which will be forwarded to the Florida League of Cities and displayed at Town Hall.
C. Presentation from Dr. Zelnick, Medical Director of the Volusia County Health Department, on the H1N1 virus (swine flu). Mayor Goudie introduced Medical Director Dr. Zelnick from the Volusia County Health Department. Dr. Zelnick gave a presentation on the H1N1 virus and the seasonal flu, providing the national statistics on both. He informed that they both have the same like symptoms but the H1N1 flu is a new strain of virus and most individuals have little or no immunity to it. There are two types of vaccine for the H1N1 flu virus: one is a nasal spray vaccine where live culture is sprayed into the nose and the other is a shot where the vaccine has a killed virus in it. Dr. Zelnick informed that Volusia
County only had approximately 1700 nasal spray vaccines but only 300 are available to healthy citizens. Volusia County has been allotted 4,100 doses of the shot vaccine but it has not yet arrived. He encouraged everyone to get a flu vaccination and informed that the Center of Disease Control (CDC) has set the priority groups starting with pregnant women, care-givers for young children under the age of six (6) months, health care and emergency service personnel, then ages 6 months to 24 years of age and last 25 through 64 years of age for healthy individuals. Dr. Zelnick stated that this massive vaccination campaign is to immunize 300 million individuals, which has not been done in many years in the United States. He informed that the Volusia County Health Department is working very hard to immunize everyone in the county that wants or can receive this vaccine minus the ones who cannot receive it due to illness or egg allergies. Mayor Goudie asked about the
criteria for the distribution differences between the shot versus the nasal vaccine. Dr. Zelnick stated the nasal vaccine can be given to individuals who are two (2) to forty-nine (49) years of age that are not pregnant or have any serious illnesses. Mayor Goudie asked Council for any questions or comments – none. Mayor Goudie asked for public participation or comments – none. Dr. Zelnick informed Council and the public that approximately one week from now that Dr. Sorensen, Director of the Volusia County Health Department would be giving a presentation on this subject with more details and thanked everyone for allowing him to give this presentation. Dr. Zenick informed that he will leave handouts concerning the swine flu and other benefits that the Volusia County Health Department has to offer with the Town. Mayor Goudie thanked Dr. Zelnick for the presentation.
D. Eagle Scout Award, requested by Councilmember Sturno. Councilmember Sturno informed the Council that he had attended Eagle Scout Court Award Meeting on September 27, 2009 that was held by Eagle Scout Troup 448 in honor of Eddie Maliszewski. He stated that Eddie Maliszewski had built and installed approximately 15 Bat Houses all over the Town for his Eagle Scout project. Mr. Maliszewski presented the Town of Ponce Inlet with a Certificate of Appreciation for the Bat Houses Eagle Scout project, of which Councilmember Sturno proudly accepted in honor of the Town.
E. Commendation for Sergeant Wayne Lurcock of the Town of Ponce Inlet Police Department requested by Councilmember Struno. Councilmember Sturno read the Commendation Letter to Sergeant Lurcock with was written by Chief Thomas, copied to the Town Manager and distributed to all members of Council. This letter recognized Sergeant Lurcock for his performance over the last ten (10) years serving as a member of the command staff.
6. OLD/NEW BUSINESS REQUESTED FOR THE BEGINNING OF THE MEETING:
A. Appoint member of Town Council to serve on the Election Canvassing Board. Ms. Clauss explained in accordance with the Town’s Election Code when the Town conducts an election on years that the County does not also have an election that the Town must appoint its own canvassing board. The canvassing board’s primary job is to certify absentee ballots and certify the results of the election. The Code requires for Council to appoint a member of Council that is not on the ballot and the Code already appoints the other members of the canvassing board – the police chief and town manager or their designee. Councilmember Derr volunteered to serve on the canvassing board.
Mayor Goudie opened for Council comment – none. Mayor Goudie opened for public comment. Seeing none, Mayor Goudie closed public comment. Mayor Goudie asked for a consensus vote – Passed by Consensus. Vice-Mayor Davis thanked Councilmember Derr for volunteering for this position on the board.
B. Approve assistant attorney for Regular Council Meeting on November 19th, 2009. Attorney Shepard informed that neither he nor Ms. Cassidy would be available for this meeting and that would only leave Attorney Drew Smith and Attorney Andrew Hand available for the meeting. Mayor Goudie asked Council for their preference. Councilmember Sturno and Vice-Mayor Davis stated Attorney Drew Smith. Mayor Goudie asked for a consensus on Attorney Drew Smith – Passed by Consensus.
7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS: None.
8. PUBLIC HEARINGS / NON-QUASI-JUDICIAL MATTERS:
A. First reading of Ordinance 2009-13, establishing a temporary moratorium for a maximum of three hundred sixty-five days. Attorney Shepard read Ordinance 2009-13 by title: AN ORDINANCE OF THE TOWN OF PONCE INLET, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM FOR A MAXIMUM OF THREE HUNDRED SIXTY FIVE (365) DAYS ON ACCEPTANCE, REVIEW, PROCESSING, OR APPROVAL OF APPLICATIONS REQUESTING COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, MINOR REPLATS, SUBDIVISION APPROVALS, BUILDING PERMITS, AND SITE PLAN APPROVALS FOR THE PONCE INLET RIVERFRONT COMMERCIAL ZONING DISTRICT DURING THE COURSE OF THE COMPLETION OF THE REVISED COMPREHENSIVE PLAN AND THE LAND USE AND DEVELOPMENT CODE OF THE TOWN OF PONCE INLET; PROVIDING EXEMPTIONS; PROVIDING
FOR FINDINGS AND INTENT OF ORDINANCE; PROVIDING FOR A POSSIBLE EXTENSION OF THIS ORDINANCE; PROVIDING FOR AN ADMINISTRATIVE REMEDY FOR ASSERTIONS OF VESTED RIGHTS AND PROCESS OF AND PROCEDURES RELATING TO SUCH ASSERTIONS; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR EFFECTIVE DATE. Mr. Joulani informed that the moratorium that exists at this time will expire at midnight tonight (October 15, 2009). Mr. Joulani requested an extension to give time to the planning department to draft ordinances needed to rewrite the land use and development regulations to implement the new comprehensive plan and that their first priority would be B-2 (Riverfront Commercial) zoning district. Mr. Joulani informed that this ordinance is similar to the prior moratorium with the same list of exemptions and same properties would be under the same restriction for an additional year. He stated that the Request for Proposal (RFP) to hire a consultant to
assist with the rewrite was planned for approval at the November Town Council meeting. Vice-Mayor Davis inquired if sections of the Land Use Development Code (LUDC) could be completed and adopted then the moratorium could be partially released or can the Council lift parts as the rewrites get amended with the comp plan or will it be enforced for the entire year? Mr. Joulani stated that the moratorium can be amended at any time and that if the process is finished before the expiration date then Council can terminate the moratorium. He stressed that this moratorium was for the B-2 zoning only and that the planning department needed the time to amend or create sections that are needed for the LUDC. Vice-Mayor Davis stated that there are parts of the comp plan that have been relinquished by the Department of Community Affairs (DCA) that the Town can go forward and when those sections are adopted could those sections be entered into section three (3) of the
ordinance as an exemption. Mr. Joulani informed absolutely. Mayor Goudie stated that until the two challenges that are before DCA regarding the comp plan and its inconsistency are resolved the planning department cannot proceed with the rewrite of the LUDC. Mr. Joulani stated that the planning department is ready to start on the comp plan in areas that are not being challenged. Councilmember McCormick inquired if the planning department was working on a time schedule for the rewrite of the LUDC. Mr. Joulani stated yes and that the department was working on a Request for Proposal (RFP) to advertise for a professional consultant that specializes in the area of rewrites for the LUDC. He also stated that the challenge with the RFP is finding a qualified consultant that would do the rewrites for what was budgeted and that this monetary amount would be stated in the proposal. In the RFP, Mr. Joulani would only ask the consultant to review and
rewrite selected areas of the LUDC to assist with keeping cost within budget. Councilmember McCormick informed that this is the third extension to the moratorium and was concerned on how a citizen would know about any exemptions that were listed in the ordinance or could an individual apply for exemptions at this time or should the Town advertise this opportunity to allow the citizen the chance apply for an exemption? Mr. Joulani explained that the exemptions came into effect after contacting the property owners involved and asking them to propose any exemptions for the ordinances and a group of property owner came forward and drafted the exemptions which were created on the first moratorium ordinance. Mr. Joulani also informed that there has only been one (1) individual that has inquired on an exemption but has never moved forward. Councilmember McCormick stated he would like to have these exemptions advertised to give a window of opportunity to the citizens
to apply for any exemptions. There was a brief discussion concerning the cost of hiring a consultant to rewrite the LUDC could be as high as $150,000+ and that the Town had only budgeted $75,000. Mr. Joulani will be the project manager for the Town and will be doing most of the rewrite work; whereas the consultant would only review and rewrite the areas selected by the project manager to keep the cost within budget. Vice-Mayor Davis inquired with Attorney Shepard on line 89 in the ordinance, “no applications subject to the provision of this Ordinance shall be accepted” meaning unless there is an exemption. Attorney Shepard stated yes and on line 99 through line 103 of the ordinance it states “certain development applications can be accepted and processed based on the current LUDC…(read)”. Vice-Mayor Davis questioned lines 272 and 273 informing that these lines where unclear by stating that amendments can be added to
comprehensive plan and LUDC. She also stated that DCA has relinquished areas of the comp plan and once those sections are rewritten could the Town automatically make exemptions and does the Town want an “and” in between the comp plan and LUDC concerned that the LUDC made be finished before the comp plan rewrite. Attorney Shepard informed that all exemptions must come back though Council in accordance with lines 99 thru 103 of the ordinance. Attorney Shepard also read other areas of the ordinance informing Council that they can change this ordinance at any time for adding exemptions, modifying, or amending the ordinance. As for the concern with the adoption of the comp plan and LUDC with the wording of “and”, Attorney Shepard informed that this area could be clarified by rewording it to state “by the Town Council consistent with the terms of this Ordinance” and eliminate the rest to avoid the confusion. Vice-Mayor
Davis clarified lines 99 thru 103 with the attorney by stating that once areas of the comp plan are approved by DCA and those same areas of the LUDC are rewritten and approved and adopted then an individual can get a permit; although, the moratorium will continue on in the other areas of the B-2 zoning until those areas are ratified. Councilmember Sturno inquired on line 93 addressing the “one-time” extension. Attorney Shepard clarified that the one-time meant only one year at a time and every year it would have to be approved. Mayor Goudie opened for public comment. Matthew Devorak, 4936 S. Peninsula Dr., owner of B-2 property and inquired if the current exemption were similar the ones being proposed. He addressed his concern over the $1,000 fee for a special exception for a deck. Mayor Goudie informed Mr. Devorak that Council would direct staff to address his concern and to please inquire with them. Allan Watts, 351 E. New York
Ave, DeLand, Attorney for the Pacetta Group, informed Council that his firm entered into a joint motion for partial relinquishment of jurisdiction back to DCA in July of this year and now in October the Town is asking for another year extension making it the third year. He addressed his concern in stating that the moratorium was too broad and noted “footnote 1” informing that it conflicted with the new comp plan which is 99% inconsistent with the LUDC. Mr. Watts informed that Florida Statute 163.194 addresses this issue of inconsistency and stated that the comp plan prevails over the LUDC. He asked Council to narrow the scope and duration of the ordinance and address the cost of the provision for exemptions. Mr. Watts informed that they have sent a letter to Mr. Joulani for some temporary uses on the Pacetta Properties which have been responded with code enforcement letters. Mayor Goudie asked for other public participation –
none. Mayor closed public comments. Councilmember Sturno spoke about his concern with the $1,000 fee for a special exception in regards to the moratorium and moved to approve reducing the fee of the special exception from $1,000 to $100 until such time as the moratorium is lifted. Mayor informed that Ordinance 2009-13 was on the table for discussion and explained that Mr. Devorak could address staff with his concerns for a remedy. Councilmember Sturno withdrew his motion. Councilmember McCormick supported Councilmember Sturno and would like to address this issue after resolution of this ordinance. He also inquired on the footnote issue that Mr. Watts had addressed by stating that this moratorium was too broad for B-2 zoning. Attorney Shepard disagreed with Mr. Watts stating that if there is a difference between the comp plan and the LUDC that the State Statutes does state that the comp plan does prevail
this would only be true if there was a clear inconsistency or if everyone agreed that there was an inconsistency then the comp plan would prevail but if it is not clear that there is an inconsistency with the Town’s LUDC then we have challenges. Vice-Mayor Davis inquired who has jurisdiction the DCA or the Division of Administrative Hearing and does the footnote address these parts of the comp plan issues. Attorney Shepard stated that DCA still has the Riverfront layover issues which are still outstanding between Pacetta and the Town. If the Town were to prevail in the proceeding then Pacetta Group would still have issues that could go to the Department of Administrative Hearings. Mr. Watts informed that Prosperity Bank has questions concerning the comp plan but not in the B-2 zoning and Pacetta Group had an agreement with the Town sign back in July that relinquished jurisdiction. Attorney Shepard informed that the footnote 1 does address all the
issues with DCA that relate to the LUDC. Mayor Goudie moved to APPROVE Ordinance 2009-13 establishing a temporary moratorium for a maximum of three hundred sixty-five days, seconded by Councilmember Derr. Councilmember McCormick stated he agreed with Mr. Watts that the moratorium was over board and that the ordinance only cover the items that Attorney Shepard stated the Town needs to address. Mayor Goudie apologized for the process taking so long but stressed the fact that this moratorium needs approval to allow the planning department the time to get the rewrite done. Vice-Mayor Davis asked the attorney for clarification on the issue dealing with the rewrite of the LUDC ordinances was this due to the fact that jurisdiction has just been relinquished. Attorney Shepard stated DCA relinquished most of the comp plan except a few issues and confirmed that a consultant would need to review the LUDC with the comp plan and bring
any inconsistency of the LUDC into conformity with each other which is the point of the moratorium. The ordinances that are created for the LUDC can be heard in bulk or bits and pieces with a LPA hearing and with two Council hearing and then the moratorium can be released in accordance with the Ordinance 2009-13. Mayor Goudie asked for citizens’ comments – hearing none – citizens comments closed. Mr. Joulani clarified that there is no fee associated with an exemption in the ordinance what Mr. Devorak was referring to is the special exception fee which is entirely different then what is being discussed tonight. Mayor Goudie asked for any more Council comments – none. Ms. Clauss read the motion on the floor. 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. Ms.
Clauss inquired if the Council would like to establish a special meeting for the second reading of this ordinance or place it on the agenda for the November Council meeting? She informed that the special meeting could not take place before October 26 due to advertisement requirements. Vice-Mayor Davis questioned if the RFP could be ready for this meeting also. Mr. Joulani informed that the RFP would not be available for this meeting. Attorney Shepard encouraged Council the sooner the better due to any applications that may arrive that the Town is not ready to deal with at this time. Mayor Goudie informed that the current moratorium expires tonight and asked Ms. Clauss to set the date. The Council agreed to set the meeting for October 26, 2009 at 6:00 p.m.
9. CITIZENS’ PARTICIPATION:
Sandra Christopherson, 14 Kelly Bea Court, she addressed the issue of vandalism in the Town with Candidate Sturno campaign signs. She felt that one candidate was being signaled out and informed that citizens are watching these signs and will call the police if they seem the perpetrator. She also stressed the fact that Ponce Inlet was a decent Town and this needed to stop. Ms. Clauss informed that there were complaints from other candidates that this happened too and she has encouraged the individuals to contact the police department. Vice-Mayor Davis informed that she called the police department and the police department did some extra patrol and it has assisted with the problem.
10. ORDINANCES (FIRST READING) AND RESOLUTIONS:
A. Resolution 2009-19, recognizing and confirming legislation in progress regarding amendments to the land use and development code. Attorney Shepard read Resolution 2009-19 by title: A RESOLUTION OF THE TOWN OF PONCE INLET, FLORIDA RECOGNIZING AND CONFIRMING LEGISLATION IN PROGRESS REGARDING AMENDMENTS TO THE LAND USE AND DEVELOPMENT CODE FOR THE RIVERFRONT COMMERCIAL (B-2) DISTRICT MANDATED BY THE TOWN COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. He informed that this resolution is consistent with Ordinance 2009-13. This resolution was created to close the gap between the expiration of the prior moratorium which expire at midnight tonight
and the second reading of Ordinance 2009-13; of which, council will either adopt or disapprove the extension of the moratorium ordinance. This is kind of a stop-gap measure to get the Town through that period as recognized by case law. Mayor Goudie asked for Council comments – none. Mayor Goudie asked for public comments – hearing none – Mayor Goudie closed public comments. Mayor Goudie moved to approve Resolution 2009-19, recognizing and confirming legislation in progress regarding amendments to the land use and development code, seconded by Councilmember Sturno. Mayor asked for Council comments – none. Mayor asked for public comments – hearing none – public comments closed. 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 – indicated he had nothing further to report.
B. Vice-Mayor Davis, Seat #4 stated that the coastal clean-up on September 27th, 2009 was a huge success with 54,236 pounds of trash picked up; the PICCI Board had a successful flea market which received $1,900 and the PICCI Board Halloween Dinner was cancelled. Tomorrow she will attend the VCARD seminar with Mr. Joulani and Ms. Yoon from the Town’s planning department.
C. Councilmember McCormick, Seat #3 informed that there are still available applications for the PAL & Lions Golf Tournament that is schedule for October 24, 2009; all proceeds go to the PAL & Lions Club.
D. Councilmember Derr, Seat #2 gave recognition and congratulated the Bicycle/Pedestrian Committee for their award from the Florida Bicycle Association for Bicycle/Pedestrian Advisory Committee of the year. This committee is made up of 26 members from various municipalities in Florida and the Town representative is Phyllis Campbell, who has participated since 2005. Councilmember Derr thanked Ms. Campbell for her commitment to this committee. Councilmember Derr also thanked Mayor Goudie for attending VGMC meeting on September 23, 2009 and informed that the Town still has citizens standing, progress with consistency, and adjacent participation.
E. Mayor Goudie, Seat #1 encouraged every citizen to vote in person or absentee and gave the phone number to Volusia County Election Department. Mayor Goudie also informed that he did attend a Volusia Growth Management Committee (VGMC) meeting concerning changes within their policies and procedures. At that meeting, Mayor Goudie had inquired with VGMC on the issue of Daytona Beach Shores Bike Project concerning taking A1A from four lanes down to three lanes due to the fact that that route is Ponce Inlet emergency evacuation route. VGMC replied that it is a policy that anytime Daytona Beach Shores or any surrounding jurisdictions submits anything to VGMC that they also submit it to the surrounding
jurisdictions with a comprehensive over review on their project for their responses.
12. FROM THE TOWN MANAGER. Ms. Clauss stated she had prepared a calendar of events for October and November for the Council and staff. She also informed that the Town had received a plaque for FEMA for Flood Insurance Program; campaign reports due tomorrow; the Candidate Forum will be held at the Community Center on Tuesday, October 20th, 2009 at 7:00 p.m.; Swine Flu Virus Presentation from the County Health Department Director on Wednesday, October 21st, 2009 at 7:00 p.m. at Town Hall; Banking Services Selection Committee Meeting on Thursday, October 22nd, at 10:00 a.m. and should have an RFP for council soon after which will be emailed to all council members when ready; Logic & Accuracy Testing will be held on October 23rd, 2009 at 9:00 a.m. where Ms. Cherbano will be attending for the Town – everyone is also welcome to attend it will be at the Elections Warehouse in DeLand. Ms. Clauss also stated that that same afternoon there will be a FLU shot clinic will be held at the
Community Center from 4:00 p.m. – 7:00 p.m. and Monday, November 9th from 1:00 p.m. – 4:00 p.m. The PAL & Lion’s Club Golf Tournament will be held on October 24th, 2009 at Indigo Lakes at 8:30 a.m. and she informed that the Town Council did not cancel the PAL Program but simply chose not to fund this program this budget year for various reasons. She also stated that PAL is an independent organization with their own funding and their own board. Code Enforcement Board Meeting will be held on Monday, October 26th, 2009 at 9:00 a.m.; the Children’s Activity Committee – Children’s Halloween Party will be held at Davies Lighthouse Park on Saturday, October 24th, 2009 from 6:00 p.m. – 7:30 p.m. and they are looking for volunteers – please contact Margi Richard if interested. In November: Parks, Recreation & Tree Advisory Board Meeting on Monday, November
2nd, at 6:00 p.m.; Election Day is Tuesday, November 3rd, 2009; Historic & Archeological Preservation Board Meeting on Wednesday, November 4th, 2009 at 10:00 a.m.; Board of Adjustment Meeting will be held on Monday, November 9th, 2009 at 6:30 p.m.; Women’s Club Annual Holiday Boutique & Luncheon will be held at the Community Center on Wednesday, November 11th, 2009 at 10:00 a.m.; Inauguration /Regular Meeting will be held on Thursday, November 19th, 2009; and a Special Council Meeting for the second reading of the moratorium ordinance will be now held on October 26th, 2009 at 6:00 p.m.. Ms. Clauss informed that Vice-Mayor Davis submitted a preliminary board review that was forwarded to all Council members and it is her intend to meet with all chairpersons on each board to find out if there are opportunities to possibly combined boards and giving them more responsibilities when she
returns from vacation.
13. FROM THE TOWN ATTORNEY. Mr. Shepard spoke about procedural amendments to the LUDC and a draft ordinance to dissolve a part of the Development Review Team (DRT) process. First step is for Council to officially adopt the changes to the comprehensive plan and then Council will be looking at a comprehensive review of the LUDC for consistency. Since Council is the Land Planning Agency (LPA) there are certain changes that need to be made prior to the review process making this process less complicated and due to the fact that the LUDC states that the DRT is suppose to review all ordinances (page 3, line 96 of the proposed ordinance). He suggested an ordinance to amend certain areas of the DRT process by informing that DRT should be reviewing items that
are quasi-judicial matters and not legislative changes. Attorney Shepard also spoke about the changes and definition within the draft ordinance which would clarify and define some of the process for adopting LUDC ordinances. He then inquired with Council on if they would like to review the draft ordinance before it goes to the DRT or at the first reading. Council asked to review the draft ordinance. He spoke about Prosperity Bank informing that they have come to a discussion on what they are proposing and the Town has now presented an order to the Administrative Law Judge for a ruling which should be received within ten (10) to fourteen (14) days. Attorney Shepard also informed that tomorrow they will be submitting the Town’s summary motion to the Administrative Law judge concerning the Pacetta Hearing which covers all the issues being addressed and informed that the hearing is set for November 5th, 2009 at 2:00 p.m. He also
reported on Las Olas law suit informing that this matter should have been resolved today. Councilmember Sturno inquired on the contents of the Prosperity Bank law suit settlement. Attorney Shepard informed that he will provide that information to Council tomorrow.
14. CONSENT AGENDA:
Mayor Goudie read the consent agenda and asked Council if there was anything they would like to remove from this agenda. Councilmember McCormick asked that items A and D be removed from the consent agenda. Mayor Goudie informed that item A and D will become item 16 A and B. Vice-Mayor Davis asked that item J to be removed from the consent agenda. Mayor Goudie informed that item J will become item 16 C.
A. Approval of the Town Council regular meeting minutes of August 20, 2009 continued on September 17, 2009.
B. Approval of Town Council special meeting minutes – September 1, 2009.
C. Approval of Town Council special meeting minutes – September 8, 2009.
D. Approval of the Town Council regular meeting minutes – September 17, 2009.
E. Approval of request for a six month extension of an approved special exception for a sightseeing boat base at 4936 South Peninsula Drive; approved by Council on October 8th, 2008 with delays in processing through DEP – no fault to the applicant.
F. Approval of request for a waiver from the Code regarding signs to allow the Marine Science Center to place two temporary signs eleven days prior to their Bird Festival event scheduled for November 14, 2009; signs would be placed on Peninsula Drive just south of the Town limits and on Atlantic Avenue on the Town Hall property.
G. Approval of legal bill dated October 7, 2009.
H. Approval of application to apply for an $11,770 equipment grant from the Department of Homeland Security. If awarded, the Town’s match requirement would be $589. Fund would be used to purchase a fire extinguisher trainer and twelve residential Knox Boxes.
I. Approval of application to apply for a $3,000 equipment grant from the National Wildfire Coordinating Group. If awarded, the Town’s portion would be the $1,500 budgeted for wildfire gear and would double the purchasing power for this.
J. Approval of legal services agreement with amendments directed by Council on August 20th, 2009.
Mayor Goudie asked for a motion to approve the items on the amended consent agenda. Councilmember McCormick moved to approve items B, C and E-I on the consent agenda, seconded by Councilmember Derr. Mayor Goudie opened the floor for public participation – seeing none closed public participation. 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. Approval of the Town Council regular meeting minutes of August 20, 2009 continued on September 17, 2009. Councilmember McCormick stated that on line 163, under D, Replacement of Town manager, he specifically recalls that Vice-Mayor Davis said “we” as apposed to “they” which included herself and he would like that changed. Ms. Clauss informed that could be changed. Mayor Goudie asked for that amendment to be made by staff. Councilmember McCormick inquired with Council on who was “we”? Vice-Mayor Davis clarified by stating that she felt that “we” meant Council was in agreement with her. Councilmember McCormick stated that he had tried for three
(3) months to get the discussion of replacing the town manager on the agenda and that he had nothing to do with the “we” aspect in talking about it with Ms. Clauss. Councilmember Sturno commented, with regards to these minutes, where he said “we” behind this dais never had the discussion of waiting six (6) months, offering the job to Ms. Clauss or only having ten (10) months instead of twelve (12) months in the budget for a town manager and that is on the record. Ms. Clauss informed that this is reflected in the minutes on line 170 and 171. Vice-Mayor Davis stated that she may have misstated “we” as she had discussed this issue with Ms. Clauss when she first came on as acting town manager. She also informed that this discussion was back in June or July of this year. She stated it was her personal hope that Ms. Clauss would reconsider and express a desire for the position. Ms. Clauss stated that the reason for
only ten (10) months of budgeted salary for the Town manager was due to the time frame of advertising and the filling of the position. By the first public hearing, it was clear that they could not expect to hire someone prior to December so she advised all of Council in a public meeting that she had reduced that line item by two months in their final budget cuts. Mayor Goudie moved to approve the minutes as amended for the August 20, 2009 meeting which was a continuation of September 17, 2009 meeting with the amendment to state that on line 163 instead of “they” it will state “we” with an editor note stating that “we” meant “I”, seconded by Councilmember Derr. Mayor Goudie asked for public participation. Sandra Christopherson, 14 Kelly Bea Court, stated her confusion with Ms. Clauss informing of her interest after she herself had asked Ms. Clauss if she was interested in the position of town
manager. She wanted to know why Ms. Clauss changed her mind. Mayor Goudie thanked Ms. Christopherson for her comment but stated that the motion on the floor is for approval of the revised September 17, 2009 minutes with an editor’s note. Mayor Goudie seeing no other public participation – closed pubic participation. Councilmember McCormick understands that there has been a lot of confusion on the part of Council members and that he could understand the citizens’ confusion. Mayor Goudie stated that Council is listening to citizen’s comments but stressed the issue of the need to stay on the subject at hand. 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. Then Mayor Goudie addressed Ms. Christopherson comment with regards to Ms. Clauss change of
heart on the town manager’s position. He informed that Ms. Clauss would like to be the town manager and informed all Council members via e-mail. And that at the last Council meeting the Council did direct that the Mayor enter into negotiations with Ms. Clauss. He stated he hoped this provided clarity to her concern.
B. Approval of the Town Council regular meeting minutes – September 17, 2009. Councilmember McCormick also addressed the reason he pulled item D was because Council had given, by consensus, direction to the Mayor to enter into discussion with the acting Town manger which he does not see in any of these minutes. Ms. Clauss informed that took place at the September 24, 2009 meeting and those minutes are not finished. Councilmember McCormick stated he has no issue with these minutes. Councilmember McCormick move to a approve September 17, 2009 minutes as written, seconded by Councilmember Sturno. Mayor Goudie asked for public comments – hearing none - closed public comments. This
motion PASSED 5-0 with the following vote: Councilmember McCormick – yes, Vice-Mayor Davis – yes, Councilmember Sturno – yes, Mayor Goudie – yes, and Councilmember Derr - yes.
C. Approval of legal services agreement with amendments directed by Council on August 20th, 2009. Vice-Mayor Davis inquired if there could be a provision added to the agreement which would state that only Attorney Shepard will delegate all work assignments. Attorney Shepard stated he has no problem making that change in the agreement. Vice-Mayor Davis also asked for a format change on pages six (6) and seven (7) to show the hourly rate is the same for each of the partners in the firm. Attorney Shepard stated he can change the format with no problem. Mayor Goudie asked for further comments and hearing none made the move to accepted amended legal services agreement with additional
language, seconded by Councilmember Derr. Mayor Goudie asked for public participation – seeing none – closed public participation. There were no other further comments from council. This motion PASSED 5-0 with the following vote: Councilmember Derr –yes, Councilmember Sturno – yes; Vice-Mayor Davis – yes; Mayor Goudie – yes; and Councilmember McCormick – yes.
17. ADJOURNMENT. Mayor Goudie informed that Tuesday, November 3rd is Election Day, please vote. Mayor Goudie adjourned this meeting at approximately 8:10 p.m., announcing the regular meeting scheduled for November 19th, 2009 at 6:00 p.m.
Respectfully submitted,
Jeaneen P. Clauss, CMC
Interim Town Manager/Town Clerk
Prepared by Kim Cherbano, Human Resources Tech.
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