PonceInletFL - 01/30/2008 Town Council Special Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Special Meeting of January 30, 2008

1. CALL TO ORDER: Pursuant to proper notice, Mayor Epps called the meeting to order at 6:55 p.m. in the Council Chambers at 4300 South Atlantic Avenue, Ponce Inlet, Florida.

2. PLEDGE OF ALLEGIANCE: Mayor Epps led the attendees in the Pledge of Allegiance.

3. ROLL CALL:

Council present:

Mayor Epps, Seat #1

Councilmember Goudie, Seat #2

Vice-Mayor McCormick, Seat #3

Councilmember Hinson, Seat #4

Councilmember Sturno, Seat #5

Staff Members Present:

Ms. Blissett, Town Manager

Ms. Cassady, Town Attorney

Ms. Clauss, Assistant Town Manager/Deputy Clerk

Ms. Konchan, Planning Consultant

Mr. Joulani, Town Planner

Ms. Richard, Associate Planner

4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: Council revised the order of items on the agenda.

5. DISCUSSION OF MEMBERSHIP IN THE WATER AUTHORITY OF VOLUSIA (WAV) FOR FISCAL YEAR 08/09. Councilmember Sturno referred the former Councilmember Comfort’s recommendation that the Town remain in WAV if their service provider, the City of Port Orange, remains in WAV. However, he expressed concern with this because they still did not know what it would cost to remain in and there is talk of several very costly studies they would like to do in order to refute the results of St. Johns River Water Management District (SJRWMD) and he doesn’t believe we could ever win in that battle. Mary Swiderski, interim WAV director, stated that the studies the discussion of studies is not meant to redo this but to provide SJRWMD with a model in which to obtain true data – they seek to work with them on their present model. As for the budget, she stated that it will be much less than that of previous years because they do not have the overhead costs or the capital project costs that they faced in previous years due to the entire restructuring of the organization and its purpose. She stated that they are now implementing a real water conservation program for the first time, having accomplished more in the last few months than in the previous eight years. It was noted that no dues were required for the current fiscal year due to the reserve available from previous years and they still have enough to really keep these at a minimum. Ms. Swiderski stated that in her role as executive director of the Volusia Council of Governments they provided a twelve percent reduction in dues for the current year as they are distinctly aware of the property tax reform impact to their members. She requested that Council express its intent on whether they plan to stay so that she may develop a budget accordingly. They will still have until April 3^rd to opt out, if they choose to. Ms. Blissett stated that one advantage to remaining in WAV is that they will have a vote if any significant overhead costs are proposed because these would assuredly be passed along to the Town through its water service provider. Vice-Mayor McCormick confirmed that WAV is looking beyond Volusia County boundaries for alliances. Councilmember Goudie encouraged them to stay together in order to come to a solution before the State dictates one. Councilmember Hinson stated that he felt they should follow Port Orange and stay in. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Hinson moved to APPROVE expressing their intent to remain in WAV, seconded by Councilmember Goudie. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

6. QUASI JUDICIAL MATTER (Council members should disclose any ex-parte communications concerning this item): SECOND READING / ADOPTION OF ORDINANCE 2007-33, DESIGNATING 143 BEACH STREET AS A HISTORIC LANDMARK SITE AND TWO STRUCTURES THERE AS HISTORIC LANDMARKS. Each member of Council disclosed that they have had numerous conversations in other Council meetings and individually with the group seeking this designation, except for newly elected Councilmember Sturno. Ms. Cassady read this ordinance by title and confirmed that she had approved this for legality and form: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, DESIGNATING AS AN INDIVIDUAL HISTORIC LANDMARK THAT STRUCTURE COMMONLY KNOWN AS THE “MEYER-DAVIS HOUSE”; DESIGNATING AS AN INDIVIDUAL HISTORIC LANDMARK THAT STRUCTURE COMMONLY KNOWN AS THE “HASTY COTTAGE/POST OFFICE”; AND DESIGNATING AS A HISTORIC LANDMARK SITE THAT PROPERTY OWNED BY THE TOWN OF PONCE INLET UPON WHICH SUCH INDIVIDUAL LANDMARKS ARE LOCATED AT 143 BEACH STREET; ALL PURSUANT TO SECTION 3.8.6 OF THE LAND USE AND DEVELOPMENT CODE; PROVIDING FOR FINDINGS; PROVIDING FOR CONFLICTS AND SEVERABILITY; SETTING AN EFFECTIVE DATE. Ms. Konchan explained this item as per her memo for this meeting and that which was previously attached to the minutes of December 19^th, 2007. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the second reading / adoption of Ordinance 2007-34, seconded by Councilmember Hinson.. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

7. SECOND READING / ADOPTION OF ORDINANCE 2007-31, AMENDING THE CODE RELATING TO REQUIRED PERMITS FOR SOLICITORS, PEDDLERS, CANVASSERS AND ITINERANT MERCHANTS. Ms. Cassady read this ordinance by title and confirmed that she had approved this for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, FLORIDA, AMENDING ARTICLE II, DIVISION 2 OF THE CODE OF ORDINANCES OF THE TOWN OF PONCE INLET, FLORIDA, RELATING TO REQUIRED PERMITS FOR SOLICITORS, PEDDLERS, CANVASSERS AND ITINERANT MERCHANTS, BY REMOVING THE REQUIREMENT THAT SOLICITORS, PEDDLERS, CANVASSERS AND ITINERANT MERCHANTS OBTAIN AN OCCUPATIONAL LICENSE; AMENDING THE INFORMATION THAT MUST BE INCLUDED BY SOLICITORS, PEDDLERS, CANVASSERS AND ITINERANT MERCHANTS IN AN APPLICATION FOR A PERMIT ISSUED PURSUANT TO ARTICLE II, DIVISION 2; CLARIFYING THE PERMIT FEE, PROCESS AND CRITERIA FOR ISSUANCE OF A PERMIT ISSUED PURSUANT TO ARTICLE II, DIVISION 2; INCLUDING PUBLIC HEALTH AND SAFETY AS A CRITERIA TO BE USED IN EVALUATING APPLICATIONS FOR PERMITS UNDER ARTICLE II, DIVISION 2; AND MAKING THE TOWN MANAGER OR HIS OR HER DESIGNEE THE RESPONSIBLE PARTY FOR MAKING DETERMINATIONS REGARDING TEMPORARY PERMITS, NOTIFYING APPLICANTS OF THE ISSUANCE OR DENIAL OF A PERMIT AND REVOCATION OF PERMITS ISSUED PURSUANT TO ARTICLE II, DIVISION 2; PROVIDING FOR CONFLICTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Cassady introduced this item. No changes were made to this ordinance between first and second readings. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the second reading / adoption of Ordinance 2007-31, seconded by Councilmember Sturno. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

8. SECOND READING / ADOPTION OF ORDINANCE 2007-34, REQUIRING A SUPERMAJORITY VOTE FOR THE TRANSMITTAL HEARING OF COMPREHENSIVE PLAN AMENDMENTS AND NON-QUASI-JUDICIAL REZONINGS. Ms. Cassady read this ordinance by title and confirmed that she had approved this for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, ADDING SECTION 54-79 TO THE CODE OF ORDINANCES TO REQUIRE AN AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE TOWN COUNCIL TO APPROVE THE TRANSMITTAL OF COMPREHENSIVE LAND USE PLANS AND COMPREHENSIVE LAND USE PLAN AMENDMENTS AND REQUIRING AN AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE TOWN COUNCIL TO APPROVE THE ADOPTION OF COMPREHENSIVE LAND USE PLANS AND COMPREHENSIVE LAND USE PLAN AMENDMENTS; AMENDING SECTION 10.6.3 OF THE LAND USE AND DEVELOPMENT CODE TO REQUIRE AN AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE TOWN COUNCIL TO APPROVE AMENDMENTS TO THE OFFICIAL ZONING MAP WHICH ARE NOT SUBJECT TO QUASI JUDICIAL PROCEEDINGS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE FOR THIS ORDINANCE. Ms. Cassady explained in accordance with the referendum of November, the Charter now states that an affirmative vote of at least four members of Council is required for adoption of Comprehensive Plan amendments and rezonings not subject to quasi-judicial proceedings. The Charter provision does not address whether an affirmative vote of four Council members is required for transmittal of Comprehensive Plan amendments or approval at the first public hearing of rezoning ordinances which are not quasi-judicial in nature. This ordinance provides for consistency in requirements between first reading and adoption. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Hinson moved to APPROVE the second reading / adoption of Ordinance 2007-34, seconded by Councilmember Goudie. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

9. FIRST READING OF ORDINANCE 2008-02, AMENDING THE CODE TO CREATE A PROCEDURE FOR THE APPLICATION AND PERMITTING OF SPECIAL EVENTS. Ms. Cassady read this ordinance by title and confirmed that she had approved this for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, FLORIDA, CREATING CHAPTER 51, ARTICLE I, IN THE CODE OF ORDINANCES OF THE TOWN OF PONCE INLET, FLORIDA, RELATING TO SPECIAL EVENTS; DEFINING “SPECIAL EVENT”; CREATING A PROCEDURE FOR THE APPLICATION FOR AND PERMITTING OF SPECIAL EVENTS; PROVIDING FOR THE APPEAL OF DENIAL OR REVOCATION OF SPECIAL EVENTS PERMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Cassady explained that this is a continuation of the first reading from January 19^th and that the changes requested were made plus staff came up with a few. She went over these changes to include mention of the insurance requirement which is presently in place and noted on the special events application. Mayor Epps opened for public comment. Frank Vitali, Coastal Oaks Circle, stated that though he has no business interests at stake here he felt the Town is stepping too far in controlling what is a normal way of life, especially with the current economy. Ray Ingrassia, Down the Hatch, requested the Council balance this ordinance with the understanding that their businesses provide part of the character of the Town. Skip White, 4739 South Atlantic Avenue, stated that restaurants do not want special events as they would rather their business be constant but they have to do these because their market is shrinking. He felt that contractor parking throughout the Town was more of a traffic issue than any brought on by special events. Gary Swanhart, Coastal Oaks Circle, stated that he felt the Town requires permits for too many things. Julie Huggins, Coastal Oaks Circle, expressed concern about the various civic clubs in Town having to get insurance for their events at the community center. Ronda Glasnik, Racing’s North Turn, expressed concern about the adjacent street language and the insurance requirement. She felt this was over-regulation and asked why they should have to get a permit just because they hope for good business. Dick Neeland, Inlet Harbor Restaurant and Marina, indicated he did not see a need for this ordinance by referring to a thirty percent reduction in visitors, a statement by former town planner Pete Grigas that they would never have a traffic back-up in this Town, and Chief Thomas’ statement at their last meeting that he doesn’t see a traffic problem from what these businesses generally do. Mr. Neeland added that all of these properties could be classified as historic properties as well. Jeff Powell, 4618 Hammock Oak, stated that he enjoys the restaurants of this community and wouldn’t live here without them. Mayor Epps closed public comment. Chief Thomas explained that this ordinance came about because they had one business that was abusing the system currently in place by applying for a special event permit in order to sidestep the Town’s sign code when the activities of this business were not even special events. This ordinance was initially created to define special events in such a way that this could not be done, as they have very few true special events. When it actually is a special event, his department wants to ensure any traffic concerns are addressed. Chief Scales stated that his department’s concern is simply occupancy levels and emergency vehicle access. All agreed that the signs and parking issues should be addressed separately and a new sign ordinance is presently being drafted. Council directed staff to work on this ordinance further to loosen it up.

10. SHORT-LISTING OF PROPOSALS FOR AUDITING SERVICES FOR FISCAL YEARS 07/08 - 09/10. Ms. Clauss stated that this item is not a reflection of their current level of service but in accordance with Council policy to seek competitive bids every three years for contractual services. In accordance with that, Council in its role as the auditor selection committee approved an RFP for auditing services and after advertising twice, five proposals were received. According to Florida Statute, Council must short-list these in accordance with their established certain criteria. Each member has done so and submitted these to Ms. Clauss for compilation of the results. The top three chosen were as follows: Brent Millikan & Company, McDirmit Davis & Company, and Lombardo Spradley & Klein. Vice-Mayor McCormick moved to APPROVE the shortlist of Brent Millikan & Company, McDirmit Davis & Company, and Lombardo Spradley & Klein and to invite them for interviews at their regular meeting scheduled for February 20^th, seconded by Councilmember Hinson. This motion PASSED 5-0 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes.

11. DISCUSSION OF THE 2008 LEGISLATIVE SESSION. Mayor Epps referred to their budget so that they could determine how to handle the various days where representation is important in Tallahassee. Councilmember Hinson suggested that Councilmember Goudie attend Legislative Action Day as the Town’s representative. In discussion, all agreed that Councilmember Goudie should serve as their representative on Legislative Action Day (March 26^th) and Volusia Day (April 3^rd) and that Council will provide a list of issues to him which are important to the Town. Mayor Epps suggested everyone bring their ideas to the regular meetings in February and March and stated that a couple of hers are that they make clear that the State cannot restrict the municipality’s ability to charge reasonable user fees, the fines for poaching are extremely inadequate, they need focus on protection of working waterfronts, and that properties should be valued on current use not highest and best use. In discussing this item, Council requested that a proclamation be prepared for Bruce Gannaway and that Councilmember Goudie deliver that proclamation to him when he goes to Washington D.C. in February with the Florida League of Cities.

12. ADJOURNMENT. Mayor Epps adjourned the meeting at 9:20 p.m.

Respectfully submitted by:

Jeaneen P. Clauss, CMC

Assistant Town Manager/Deputy Clerk