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Town of Ponce Inlet
TOWN COUNCIL MINUTES
Special Meeting October 26, 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:
Mr. Smith, Town Attorney
Ms. Clauss, Interim Town Manager/Town Clerk
Mr. Joulani, Director of Planning & Development
Ms. Yoon, Planner
Ms. Richard, Development Review Clerk
4. Additions, corrections, or deletions to the agenda: None
5. Second reading of Ordinance 2009-13 establishing a temporary moratorium for a maximum of three hundred sixty five days. Attorney Smith read the title of the ordinance for the record: 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. Mayor Goudie stated that this is the second reading. With no comments from Council members, the floor was opened to the audience. Allan Watts, Attorney for Pacetta, 2130 Foxfire Lane, Deland, said that he trusts they have received a letter dated October 14th from Ms. Johnson regarding the Code Enforcement action heard at this morning’s meeting regarding the storage of spoil material from the dredging project which has been permitted. He said that the Riverfront Overlay District applies to both the MF2 and B2 portions of the Johnson’s property. The overlay does not allow any permits to be issued unless a Riverfront Development Permit has been issued, and they
cannot deal piecemeal with the parcel due to the way the ordinance is written. They have a similar problem with the temporary building on the MF2 property. He asked them to consider the grading and storage of spoil material as an exception from the moratorium as well as the temporary building. Mayor Goudie said that the topic is the moratorium and respectfully offered that the issues he just talked about were the subject of a different hearing and are not germane to this hearing. Mr. Watts replied that this was a request for exemptions from the moratorium. With no further comments, citizen comments were closed. Councilmember McCormick said that we have allowed the Baytree property to work off violations that were years old and have allowed Pacetta to construct boat slips and it seems that it would be the very least we could do to make this effort to accommodate Mr. Watts’ request. Councilmember
Derr moved to APPROVE the second reading of Ordinance 2009-13, seconded by Mayor Goudie. Councilmember McCormick moved to add the exemptions of grading and temporary storage of spoil material to the Pacetta property. Motion died for lack of second. Ms. Derr said that, regarding the exemptions being requested, if they comply under the current exemptions, they should be able to go ahead and request them. Mr. Joulani said that it is very difficult to create proper language for exemption without having plans submitted. For example, regarding the temporary storage, the Code does not include provisions for long-term storage of this type of material. The permit that was issued expired in May and the question is whether they will be able to use the material on their property. He said that there is a procedure they will have to go through and that the site will have to be evaluated by an engineer and for stormwater management. With
regard to the trailer, the Code does not include provisions for long-term use of construction trailers and when construction is complete the trailer must be removed. He does not believe the existing language will help them; it would need to be expanded or refined to enable to let them do this. If Council wishes to do so, he will refine the language. Mr. Watts asked if the letter was part of the record tonight. Ms. Clauss said it could be if submitted as such, at which time Mr. Watts submitted two letters for the record (attached). Councilmember Sturno asked what the Town understood that the fill would be used for at the time of the issuance of the permit. Mr. Joulani replied that the permit was issued with a range of conditions, one of which was the allowance of ninety days for the work to be completed, including the storage of the dredged material. After the ninety days, something would have to be done with the material. Mr. Watts
stated that the answer to Mr. Sturno’s question is in the letter. Motion carried 4-1, with Councilman McCormick dissenting.
6. Consideration of Placement of Fire Pit on Beach within Town limits. Mr. Joulani explained the request made by the Parks, Recreation & Tree Advisory Board to have a permanent fire pit placed in the Town, and that recently one became available from the County and they have asked for the Town’s preference for placement of the fire pit. Councilmember Derr asked about hours of operation, to which Ms. Richard replied that she believed they were to be out by 11:00 p.m., and that information regarding the reservation of the pits would be posted at the chosen site. Vice-Mayor Davis suggested that the property owners next to the potential sites for the pit be notified, saying that it concerns her that there are residences close to each possible location. She would prefer to
see this on a regular agenda after this notification is complete. Councilmember McCormick asked if a permit is needed to place the pit. Mr. Joulani replied that it is the County’s property. Councilmember McCormick also felt that the citizens near it should be asked if they are amenable to it. Tami Lewis, Ponce de Leon Circle, said that as much as we all miss fires on the beach, during the 1990s it was decided that these three parks would be as passive as possible. She asked that they suggest placement in the County Park instead. Jim Hinson, 4745 S. Atlantic Avenue, asked if the County can still put this in if we don’t want it. His personal feeling is that we don’t need fire on the beach. He does not feel it would be good for the community and felt it may create problems. Councilmember Derr asked if we have the option of placing it in the County park. Mr. Joulani responded that we need to get more
information and then bring it back. Councilmember Sturno also asked that Mr. Joulani find out if we have the option to decline this altogether. Councilmember Sturno moved to table this item, seconded by Councilmember Derr. Motion carried 5-0.
7. Adjournment. Mayor Goudie adjourned the meeting at 6:45 p.m.
Respectfully submitted by:
Jeaneen P. Clauss, CMC, Interim Town Manager/Town Clerk
Prepared by: Margi Richard, Development Review Clerk
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