Town of Ponce Inlet
TOWN COUNCIL MINUTES
Regular Meeting of December 17, 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 StreetaddressStreetaddress4300 South Atlantic Avenue, CityPonce Inlet, StateFlorida.
2. PLEDGE OF ALLEGIANCE: Mayor Goudie led the attendees in the Pledge of Allegiance.
3. ROLL CALL:
Council present:
Mayor Goudie, Seat #1
Vice-Mayor Derr, Seat #2
Councilmember Rutledge, Seat #3
Councilmember Davis, Seat #4
Councilmember Lewis, Seat #5
Staff Members Present:
Ms. Cherbano, Human Resource Technician
Ms. Clauss, Interim Town Manager/Town Clerk
Mr. Gunter, General Manager of Public Works
Mr. Joulani, Director of Planning and Development
Ms. Trepasso, Administrative Assistant
Chief Scales, Fire Chief
Mr. Shepard, Town Attorney
Ms. Yoon, Planner
4. ADDITIONS, CORRECTIONS OR DELETIONS TO THE AGENDA. Ms. Clauss requested that item 15-A be moved to 6-E and that item 10-A be removed. All agreed.
5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:
A. Parade Committee Report from Jim Hinson, Director. Mr. Hinson presented the attached report on this successful event and requested approval of one for next year. Mr. Hinson reported that there would be no cost to the Town; they would just need for the Town to allow the unspent funds to roll-over for them to use next year for this. Councilmember Davis moved to approve authorizing staff to roll the unspent funds received for the 2009 Christmas Parade into a fund for the 2010 Christmas Parade, seconded by Councilmember Lewis. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Davis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr
- yes, and Mayor Goudie – yes.
B. Certificate of Appreciation to Jim Hinson for directing the Town’s first Christmas Parade. Mayor Goudie presented this to Mr. Hinson.
C. Certificate of Appreciation to Mary Lou Hinson for her six years of service as the editor of the Citizen’s for Ponce Inlet Newsletter. Mayor Goudie presented this to Mrs. Hinson.
6. OLD/NEW BUSINESS REQUESTED FOR THE BEGINNING OF THE MEETING:
A. Appointment of members to the Parks, Recreation and Tree Advisory Board. Ms. Clauss stated that this Board had recommended Betty DiFranco be reappointed to Seat 4 by a vote of 4-0, Nina Turchon be appointed to Seat 2 by a vote of 3-1, and that Allan Burnworth be appointed to Seat 6 by a vote of 2-2 or that Allan Burnworth be reappointed to Alternate 1 by a vote of 2-2. Mayor Goudie asked for citizen participation. Nina Turchon was present for this and expressed her interest in serving as a new member. Mayor Goudie closed citizens’ participation.
Councilmember Lewis moved to appoint Betty DiFranco to Seat 4, Nina Turchon to Seat 2 and Allan Burnworth to Seat 6, seconded by Councilmember Davis. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Davis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr - yes, and Mayor Goudie – yes. This Board will now have vacancies for both alternate 1 and alternate 2.
B. Appointment of members to the Code Enforcement Board. Ms. Clauss stated that this Board had unanimously recommended all of the following: Glenn Johnson be reappointed to Seat 1, Norman Gutlove be reappointed to Seat 3, Thomas McGuire be reappointed to Seat 4 and Ellen Pagliarulo be reappointed to Seat 6. Mayor Goudie asked for citizen participation. Seeing none, Mayor Goudie closed citizens’ participation. Councilmember Davis moved to appoint Glenn Johnson to Seat 1, Norman Gutlove to Seat 3, Thomas McGuire to Seat 4 and Ellen Pagliarulo to Seat 6, seconded by Vice-Mayor Derr. This motion PASSED 5-0 with the following vote: Councilmember
Lewis – yes, Councilmember Davis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr - yes, and Mayor Goudie – yes. This Board will now have vacancies for both alternate 1 and alternate 2.
C. Appointment of members to the Board of Adjustment. Ms. Clauss stated that this Board had unanimously recommended that Glenn Pryor be reappointed to Seat 3. Mayor Goudie asked for citizen participation. Seeing none, Mayor Goudie closed citizens’ participation. Councilmember Lewis moved to appoint Glenn Pryor to Seat 3, seconded by Vice-Mayor Derr. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Davis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr - yes, and Mayor Goudie – yes. This Board will now have vacancies for seat 2 and both alternate 1 and alternate 2.
D. Appointment of members to the Historic Archaeological and Preservation Advisory Board. Ms. Clauss stated that this Board had unanimously recommended that Gene Hynds be reappointed to Seat 5 and Chip Henderson to Alternate 1. Mayor Goudie asked for citizen participation. Seeing none, Mayor Goudie closed citizens’ participation. Councilmember Lewis moved to appoint Glenn Pryor to Seat 3, seconded by Vice-Mayor Derr. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Davis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr - yes, and Mayor Goudie – yes. This Board will now have vacancies
for two regular seats and one alternate seat.
E. Lighthouse Shores Utility Improvements, Change Order Number 2, $30,579 for reconstruction of the pavement on Alberta Avenue between Montrose Avenue and Riverglen Blvd. Ms. Clauss gave an update on the history of the utility improvement project on Alberta Avenue by informing that this project began in 2008 as an add-on to the Rains Drive Utility Improvement Project. At that time, construction costs were considerably lower so the Rains project came in under bid; this in turn allowed the add-on of Alberta Avenue Utility project. Council became aware that Port Orange would be assessing full cost of the sewer pipes to residents, but Port Orange agreed that any project within the “pipeline schedule” would be
charged the lower cost, which would save each property owner approximately $3,600. Staff and the town engineers worked out a solution to incorporate Alberta Avenue into the sewer project with the funds remaining from the Rains project, which only allowed for a cut-through design. This was approved and carried out. There have since been a few issues of concern, but staff is working with the company to resolve these issues. Unfortunately, the cut-through design has still not been resolved because there apparently was not a full understanding of this project. The project is complete with the exception of the items on the punch list. Council has Change Order #2 to consider for either a resurfacing or a rebuilding of Alberta Avenue. Ms. Clauss explained that rebuilding the road would cost $30,579, with no cracks for at least three (3) to five (5) years. Resurfacing using the same company would cost $7,300; or the town could piggy back with
the County for $5,500 with no cracks for approximately one (1) to one one-half (1½) years. Staff suggested resurfacing with the County for $5,500. Ms. Clauss stated that this road was resurfaced in 2006 and the residents were satisfied with that quality. Council’s concern was that the road was constructed of two different types of material, one being asphalt and the other concrete, and if they expand and contract at different rates, how would that affect the base of the road within one year to ten years. They also discussed whether resurfacing would suffice to bring this road back to its prior condition. Mr. Gunter explained the procedure on resurfacing along with the sub-base material that is used to allow asphalt to stick to concrete. Ms. Clauss stated that there are other roads that could be resurfaced at the same time which could lower the cost. Ms. Clauss also stated that there is $51,204 in gas tax funds allocated for
this year road resurfacing which has been set aside for Loggerhead Court, Marie Drive, and Pompano Drive. Mayor Goudie asked for public comments: Paul Caron, 71 Alberta Avenue addressed his concern with resurfacing over different elements and the structural damage of the road. Scott Meacham, 61 Alberta Avenue, stressed his concern with resurfacing over different elements on the road and the current condition of the road. Mr. Meacham stressed the quality of the finished product by stating that there was no forming ever used on the road which allowed the concrete to run onto easements and yards. He also stated that resurfacing the road would only last a few months and cracks will come back. He informed Council that he had pictures of the road before the construction began if they would like to review them. Councilmember Davis asked for the before pictures and asked Ms. Clauss to have Mr. Joulani and Quentin Hampton review the pictures
and give their expert opinion on the condition of this road. Ms. Clauss stated that the contract with Weber expires today and that the town could ask for another 30 day extension. The town could also ask for a re-quote on the cost of resurfacing this road from Weber or just go out to bid with a RFP. Brad Blais, Quentin-Hampton Engineering, explained how the settlement would last with the resurfacing of the road and that all roads whether resurfaced or paved get reflective cracks and gator cracks, but that does not mean they are faulty or deteriorating. He also stated that concrete is used for road patching because it is more supportive and has a ridged structure to withstand the usage. Mr. Blais reinforced that fact that road resurfacing could extend the life of the road up to 8 to 10 years depending on the weather elements and use of the road. Mr. Blais and Mr. Gunter stated that the punch list is not finished and that if there is
structural damage to the road the contractor will have to repair it before the contract is closed. Mr. Blais will have the contractor forward the density testing for the area in question for their review. Councilmember Rutledge stated that residents are concerned if the road is structurally sound and safe and what will have to be done to correct this issue. Mr. Blais stated that if there are areas in the ditch line that have settled, the contractor will have to cut them out and put in a new base with a pave over and then do an overlay on top. Vice-Mayor Derr expressed her concern with getting the punch list finished, including the structural damage completed before going forward with any resurfacing. Ms. Clauss stated that if Council wants to incorporate other streets into the resurfacing project then the town could either piggyback with the County or do an RFP. Mayor Goudie summarized the conclusion of the discussion by stating that
the town will close out the contract with Weber but retain a percentage until they make any necessary repairs to the road. Staff should review additional road resurfacing and provide a RFP to get the most competitive price. Ms. Clauss inquired with Mr. Blais if any repair of sub-base paving is on the punch list. Mr. Blais stated that he is going to review the preconstruction tape and correct the areas that need correcting before the punch list is signed off.
7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS: None.
8. PUBLIC HEARINGS / NON-QUASI-JUDICIAL MATTERS: None.
9. CITIZENS’ PARTICIPATION: None.
10. ORDINANCES (FIRST READING) AND RESOLUTIONS:
A. First Reading of Ordinance 2010-01, adopting Chapter 1 of the 2007 Florida Building Code and the 2009 International Property Maintenance Code. This item was removed from the agenda at the beginning of the meeting.
11. FROM THE TOWN COUNCIL:
A. Councilmember Lewis, Seat #5 – wished everyone a safe and Happy Holiday.
B. Councilmember Davis, Seat #4 – wished everyone Happy Holiday and praised the parade by stating it was amazing.
C. Councilmember Rutledge, Seat #3 – thanked Mr. & Mrs. Hinson for their participation in the Christmas Parade. He commented on the Scenic Highway/By-Way that the Council had discussed at the last meeting and discouraged them from going forward with the project. He stated that the roads that have been designated in Daytona were not the most attractive for such a project and believed that this project should not have been supported.
D. Vice-Mayor Derr, Seat #2 – thanked the Hinsons and the Parade Committee for the Christmas Parade and wished everyone a Happy Holiday.
E. Mayor Goudie, Seat #1 – thanked everyone involved in the Christmas Parade and wished everyone a safe and Happy Holiday.
12. FROM THE TOWN MANAGER. Ms. Clauss reminded everyone that Town Hall will be closed on Christmas Eve, Christmas Day, and New Year’s Day. Customer Service Training will be held on January 8th from 8:30 a.m. to 12:30 p.m. for customer service employees and any Council member that would like to attend. Santa Run held by the fire department will be on December 18th for the north end of town and December 19th for the south end of town. The Board Appreciation Banquet date will need to be determined. She read through the January calendar for board and council meeting dates. Ms. Clauss stated that the opening on Banking Services RFP will be held on December 30, 2009 at 2:00 p.m. and the LUDC Re-write
RFP opening will be held on January 6th, 2010 at 2:00 p.m. at town hall.
13. FROM THE TOWN ATTORNEY – Mr. Shepherd gave an update on the legal standing of three items the first was the Pacetta case stating that the town is in good standing with this case and that the hearing went well for the town. The next was the Las Olas settlement needs to be finalized by the signing of the releases then fund can be dispersed to the town. Lastly, Prosperity Bank where he stated that he has a schedule meeting with Mr. Watts for consideration of a settlement. If they could not come to an agreement then the next step is to set a trial date for sometime in May. He also wished everyone a Happy Holiday.
14. CONSENT AGENDA:
Mayor Goudie read the consent agenda and asked Council if there was anything they or the public would like to remove from this agenda.
A. Approval of Town Council Regular Meeting Minutes – November 19, 2009.
B. Approval of payment of legal bill dated December 3rd, 2009 in the amount of $12,409.90 for November’s services.
C. Approval of the service contract with the Southeast Volusia Humane Society for 2010.
D. Approval of RFP for lawn maintenance when compelled by Code Enforcement.
E. Approve and authorize the Mayor to sign the general releases executed by American Southern Insurance and by American Motorists Insurance and to instruct the Town Attorney to finalize the settlement of $10,000 in the case against Las Olas.
F. Approval of the Fire Department’s request to surplus donated exercise equipment to sell it for the purpose of obtaining funds to purchase equipment more suitable to their needs.
Hearing no requests for removals, Mayor Goudie asked for a motion to approve the items on the consent agenda. Councilmember Lewis moved to approve items A-F on the consent agenda, seconded by Mayor Goudie. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Davis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr - yes, and Mayor Goudie – yes.
15. OLD BUSINESS:
A. Lighthouse Shores Utility Improvements, Change Order Number 2, $30,579 for reconstruction of the pavement on Alberta Drive between Montrose Avenue and Riverglen Drive. This item was moved to item 6-E at the beginning of the meeting.
B. Installation of speed bumps on Inlet Harbor Road, west of Peninsula Drive. Mayor Goudie stated this issue was brought up at prior meeting and staff has provided some information. Ms. Clauss suggested that a traffic engineering study should be done so that they will have professional input on the type of device and the placement of it to address any potential liability concerns. Ms. Clauss stated that for $1,500 Lassiter Transportation, Inc. would do the study for Inlet Harbor Road which would include the exact placement for the traffic claiming device and one presentation to the Council. Councilmember Lewis expressed her concern with speed tables and their mile-per-hour (mph) ratio informing that most are designed for 1 to 5 mph and this area has a
15 mph speed limit. Another area of concern she mentioned was the emergency services vehicles using this road for emergency calls to the residents and the restaurant within the area. She also stated that she was not comfortable with using these types of devices and that the Institution of Engineers informs that most of these devices have no positive impact at all. Mayor Goudie stated the problem is the chronic speeding on Inlet Harbor Road but encouraged Council to have the engineer speed study done which may provide an alternative solution. Councilmember Davis inquired if gas tax funds could be used to purchase these types of devices. Ms. Clauss stated that those funds could not be used to purchase these devices or the study. Mr. Joulani stated that if Council approves the study that the next step would be to approve the scope of work. Councilmember Lewis stated that council has not seen any information or complaints concerning
Inlet Harbor Road and believed that this type of information would be needed before making a decision on what needs to be done. She encouraged Council to move forward with the study. Councilmember Davis stated that the information is available and the memo dated 3/30/09 from the police chief does discuss some of the concerns. Councilmember Davis moved to authorize staff to conduct the traffic study on Inlet Harbor Road from west of Peninsula Avenue to River, seconded by Councilmember Lewis. Mr. Joulani asked the Council on their recommendations/directions on which option/direction to go with the consultant. Council recommended for this company evaluate the situation and provide a solution or a recommendation for this area. Mr. Joulani stated that he would like to ask the consultant for any short-term and long-term recommendations as well. Mayor Goudie asked for public participation: Thomas McSharry, 70 Rains Court, asked
the council to look into placing a traffic camera in a police vehicle then parked in that area. Mayor Goudie closed public participation. Sergeant Lurcock stated that the town has purchased equipment that can capture the speed of vehicles on the roads for this type of study. He also informed Council that a speed study could have an adverse affect and go the other direction. Mayor Goudie and Vice-Mayor Derr asked that Mr. Joulani speak with MPO for assistance and advice in this issue as well. There was a discussion on the possibility of Mr. Lassiter using the town’s equipment and the data the town could provide to reduce the cost. Mr. Joulani will inquire with Mr. Lassiter on the possibility of using the town equipment and data in assisting to lower cost but will also approach the MPO for a study and possibly funding. This motion PASSED 4-1 with the following vote: Councilmember Lewis – yes, Councilmember Davis –
yes, Councilmember Rutledge - no, Vice-Mayor Derr – yes, Mayor Goudie – yes.
C. Combining the Planning Commission and the Board of Adjustment. Ms. Clauss introduced this item by stating that Vice-Mayor Derr brought up this topic at the August 20th Council meeting and Council directed staff to conduct an internal study to look for efficiencies amongst Town Boards. Councilmember Davis offered to review the Code as it relates to Town Boards and Commissions and she put together a synopsis of such, which was provided at the November Council meeting as part of an overview. Ms. Clauss initiated her first discussions with the chairpersons of the Board of Adjustment and the Planning Commission to see if they felt there was a potential to combine these boards so as to offer more duties to the board members, manage vacancy and absenteeism
issues, and reduce legal and/or staff costs involved in preparation for meetings. The BOA chair took the idea to her board and they expressed support for the idea. The PC chair took the idea to his board and they expressed a desire that if Council would like to combine the boards that they eliminate the two boards as they exist and then accept applications for members to the new board instead of pulling everyone on to this board that is presently on the two. She stated that she understand their point on keeping the board to a certain size, but it was not her intent to either directly or indirectly eliminate positions for which volunteers are interested in serving, as they are each committed and bring value to the Town. If Council is interested in pursuing this further, the next step would be to direct staff to prepare an ordinance and specify the number of seats they would like to have on this board. Councilmember Lewis moved to direct staff to
prepare an ordinance to combine the Planning Commission and Board of Adjustment, seconded by Vice-Mayor Derr. Vice-Mayor Derr inquired how many members where on these two boards. Ms. Clauss stated that these two boards each have seven (7) members but not all the seats are full at this time. Councilmember Davis read the recommendation from the Planning Commission that the Council to dissolve both boards, take new applications, set new rules and then create a new board with limited members. She encouraged Council to take Planning Commission’s recommendation. Mayor Goudie stated that Council needs to set a manageable number of board members. He also stated volunteers needed a full description of the position and what the commitment involved before volunteering for this board. Mayor Goudie asked for public participation. Mary Hoss, Chairperson of Board of Adjustment, encouraged Council to set the number of board members to
seven (7) with two (2) alternates. Mayor Goudie closed public participation. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Davis – yes, Councilmember Rutledge - yes, Vice-Mayor Derr – yes, Mayor Goudie – yes.
16. NEW BUSINESS:
A. Revising the agenda format to place Council and Staff comments at the end of the meeting. Councilmember Lewis stated that she requested this item because she felt they should get the business portion of the meeting completed first and have their comments at the end of the meeting when they feel less pressed for time and members of the audience have more of a choice as to whether they stay for this portion when they are here for a business matter. She stated that this method of placement is the more commonly used in municipalities and was used in Ponce Inlet until a few years back. All agreed by consensus to place Council and Staff comments at the end of the agenda beginning next month (January 2010).
B. Consideration of the purchase of a 60’ by 50’ parcel adjacent to the Town’s Public Works yard. Ms. Clauss stated that a representative from AT&T contacted the town to inquire if the town was interested in purchasing a parcel of land adjacent to the public works property. She would like permission to negotiate a price near market value for this small parcel. It was stated that there are sufficient funds in the reserve for this purchase. Councilmember Davis stated that this is a little piece of property and she does not see the need for the town to purchase it. Mr. Joulani stated that the parcel is currently fenced and encompassed within the public works property and he felt it would be beneficial to the town
to own it. Vice-Mayor Derr stated the zoning is Public/Institutional which could leave a lot of room for negotiation. Councilmember Lewis move to allow staff to negotiate some sort of very low price for purchase of this property, seconded by Vice-Mayor Derr. Mayor Goudie asked for public participation. Hearing none, he closed public participation. This motion PASSED 4-1 with the following vote: Councilmember Lewis – yes, Councilmember Davis – no, Councilmember Rutledge - yes, Vice-Mayor Derr – yes, Mayor Goudie – yes.
C. Building and construction operation hours. Mayor Goudie stated that he requested this item because some residents had approached him asking that the Town consider a later start time than the current 7:00 a.m. on weekdays and 8:30 a.m. on weekends and holidays. Other members of Council indicated they felt these times were appropriate because construction needs to be completed before it gets too hot out and it is a temporary inconvenience.
17. ADJOURNMENT. Mayor Goudie adjourned this meeting at approximately 9:10 p.m., announcing the special joint meeting with Port Orange scheduled for January 12th, 2010 at 6:00 p.m. and the regular meeting scheduled for January 21st, 2010 at 6:00 p.m.
Respectfully submitted,
Jeaneen P. Clauss, CMC
Interim Town Manager/Town Clerk
Prepared by Kim Cherbano, Human Resourc
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