Town of Ponce Inlet |
TOWN COUNCIL MINUTES |
Regular Meeting of February 20, 2008 |
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1. CALL TO ORDER: Pursuant to proper notice, Mayor Epps 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 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 |
Mr. Gunter, Public Works Supervisor |
Mr. Joulani, Interim Development Services Director |
Chief Scales, Fire Chief |
Chief Thomas, Police Chief |
4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: Removed Item 10-C and moved item 13-A to precede 10-A. |
5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS: |
A. Proclamation declaring May 15th, 2008 as Major Bruce P. Gannaway Day. Mayor Epps read this proclamation and presented it to Major Gannaway’s father. |
B. Presentation of Yellow Flag to honor and support U.S. Troops. Barry Barnett, Debbie Emerson, and Natalie Emerson showed the flag created to express support to all of the U.S. Troops. This flag was designed by Olivia Barnett, who was also present. They donated this flag to the Town for display – additional flags are available through McGarrity Flags at forty-five dollars each. |
C. Plaque of Appreciation to out-going Planning Commission member, Chris Eckert. Mayor Epps presented Mr. Eckert with a plaque of appreciation for his eleven years of service to this board. |
D. Certificate awarded to Councilmember Hinson. Mayor Epps presented a certificate to Councilmember Hinson for successful completion of the Advanced Elected Municipal Officers class from the Florida Institute of Government. |
6. BOARDS AND COMMISSIONS: |
A. Presentation of Historic Site Survey. Phyllis Campbell, Historic Board Chair, and Chip Henderson, Historic Board Member, presented this study to the Town Council stating that the project was completed in a very reasonable time and they are very excited to have this information. They thanked the Town Council for allowing them to have this study done. Mr. Henderson gave an overview of the four-part breakdown of this report: a basic introduction which noted the forty-five properties identified as possibly eligible for historic designation (excluding the Lighthouse which has
already attained this designation on a national level); the second part of the study shows the methods utilized to obtain the data; the third part provides the historic content; and the fourth part yields the results and recommendations of the survey staff. |
B. Appointment to the Historic and Archaeological Preservation Board. Ms. Blissett stated that Seat #1 was vacated by the resignation of Tami Lewis in February 2007. This seat has been vacant since that time, as the alternates for this board have declined to take full time positions. An application was recently received from Andrew Howe, who they may recall as the developer who initiated the first tortoise relocation in lieu of entombment and was recognized by the Humane Society of the United States for this successful effort. The Board reviewed this application at their
February meeting and voted unanimously to recommend his appointment. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE the appointment of Andrew Howe to the Historic and Archaeological Preservation Board, 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. |
C. Appointment to the Code Enforcement Board. Ms. Blissett stated that the Code Board unanimously recommended the appointment of Susan Henry as a regular member on this Board. Ms. Henry has served as an alternate on this Board for over a year. No other applications have been received for this vacancy. If this appointment is approved, two vacancies will exist for alternates. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the appointment of Susan Henry to the Code
Enforcement Board, seconded by Vice-Mayor McCormick. 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. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS: None. |
8. PUBLIC HEARINGS – ORDINANCES (Second Reading): None. |
9. CITIZENS’ PARTICIPATION: None. |
13-A. Interviews and discussion of proposals for auditing services for Fiscal Years 07/08-09/10. Mayor Epps stated that they will interview these firms in alphabetical order and asked that the other firms step out of the room while these interviews are going on. Interviews were conducted with the following: Alex Kish with Brent Millikan & Company, Juliann Klein with Lombardo, Spradley & Klein, and Chris McDirmit and Kelly Leary with McDirmit, Davis & Company. Upon completion of these interviews, Council ranked these firms on signed ballots and the firm of Lombardo, Spradley & Klein was eliminated. A second
ballot was completed and showed the firm chosen to be Brent Millikan & Company. The town manager was directed to negotiate a contract with this firm. |
10. ORDINANCES (FIRST READING) AND RESOLUTIONS: |
A. First reading of Ordinance 2008-02 (formerly 2007-30), 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. Blissett stated that this ordinance has been one year in the making and this is its fourth month before the town council. They have met with the business property owners several times and it is well understood now that normal business activity on their property is not a special event, they may however have up to twelve special events each per year, and they may park on the right-of-way unless it is specifically marked. Councilmember Goudie inquired as to how they went from the initially proposed five events per year to twelve. Ms. Blissett stated that is purely a policy decision for the Council – the businesses requested twelve. A number should be established though in order to avoid a concurrency management issue. Mayor Epps noted that a special event permit does not
supersede the requirements of the transient merchant ordinance. Mayor Epps opened for public comment. Constance Hunter, 4329 South Atlantic Avenue, confirmed that the intent of this ordinance was not to allow parking in the right-of-way, as that is already permissible through State Law. Ray Ingrassia, 4884 Front Street, thanked Council for the opportunity to work together on this, feeling it was good for both to practice this cooperative effort, and hopes that this relationship will continue in regards to the upcoming sign ordinance. Ronda Glasnick, 4545 South Atlantic Avenue, expressed her appreciation as well but pointed out one additional concern. Ms. Cassady referred to a section in the ordinance which covered that though. Don Kraska, 55 Ocean Way Drive, inquired about specific parking laws. Chief Thomas explained that they could have an entire meeting on parking laws but unless special circumstances exist, parking on the right of way is
always permitted unless otherwise marked. Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE the first reading of Ordinance 2008-02, seconded by Councilmember Hinson. This motion PASSED 3-2 with the following vote: Councilmember Sturno – no, Councilmember Hinson – yes, Vice-Mayor McCormick – no, Councilmember Goudie - yes, and Mayor Epps – yes. |
B. First reading of Ordinance 2008-03, establishing requirements within the Code regarding the execution of contracts with indemnification clauses. 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, PROVIDING FOR AUTHORIZATION OF CONTRACTS CONTAINING INDEMNIFICATION PROVISIONS BY RESOLUTION OF THE TOWN COUNCIL; PROVIDING THE CIRCUMSTANCES IN WHICH THE TOWN MANAGER MAY EXECUTE CONTRACTS CONTAINING INDEMNIFICATION PROVISIONS; PROVIDING THAT ANY INDEMNIFICATION PROVISION EXECUTED OR
CONSENTED TO IN VIOLATION OF THIS ORDINANCE IS ULTRA VIRES AND VOID; PROVIDING THAT ANY REMAINING PORTIONS OF A CONTRACT CONTAINING AN ULTRA VIRES INDEMNIFICATION PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT; AMENDING SECTION 2-1 OF THE CODE OF ORDINANCES OF THE TOWN OF PONCE INLET TO CLARIFY INDEMNIFICATION BY THE TOWN FOR COUNCIL MEMBERS, BOARD MEMBERS, EMPLOYEES, AND AGENTS CONSISTENT WITH FLORIDA LAW; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING FOR CODIFICATION, AND SETTING AN EFFECTIVE DATE. Ms. Cassady had introduced this item at their regular meeting in January and Council had agreed that it was prudent to adopt an ordinance of this nature to protect them against inadvertently indemnifying parties that should be liable. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE Resolution 2008-01, 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. |
C. First reading of Ordinance 2008-04, amending the Code in regards to cross-connection control (backflow) regulations. This item was removed from the agenda. |
11. FROM THE TOWN COUNCIL |
A. Councilmember Sturno, Seat #5, stated that a citizen had raised a concern that last week the weather radios didn’t work and they were once again facing a threat of a tornado in Ponce Inlet. He wanted to know if they could use reverse 9-1-1 for this type of notification. Ms. Blissett will look into this and get back to them. Councilmember Sturno stated that the St. Johns River Water Management District refuses to meet with WAV and he feels they are just a giant protecting their jobs with no response to any of the concerns or opposing data WAV provides and WAV
has no real power. |
B. Councilmember Hinson, Seat #4, stated that he is please with the formation of the Las Olas Homeowners Association. Mayor Epps expressed appreciation to Councilmember Hinson for forcing their hand on that one. Councilmember Hinson stated that the MPO is having a controversial discussion regarding an additional exit off I-95 in the Turnbull Bay area. This is currently in the twenty year plan but there is no money, so nothing is happening with it. |
C. Vice-Mayor McCormick, Seat #3, stated that he is proud to be a serviceman today and see the recognition of them at this meeting. With the Legislative Session coming up, it’s time to get organized for this trip. |
D. Councilmember Goudie, Seat #2, stated that he was very ill and regrettably couldn’t make the Florida League of Cities trip to Washington D.C. He plans to attend Legislative Action Day though, on March 26th, and the unfunded mandate concerns are on his mind – they have their work cut out for them. They should also petition the Legislature to make St. Johns River Water Management District recognize that they are all players at this table. Council determined that an alternate should be selected to go in case Councilmember Goudie cannot – the
specifics to be determined at the next meeting. |
E. Mayor Epps, Seat #1, stated that Judy Moore from the Volusia County League of Women Voters had recently passed and would be terribly missed – having made great contributions to this area in her work. Mayor Epps noted that on a recent radio show call-in she committed to looking into a cooperative effort for purchasing and that she was trying to revitalize an initiative that was initially begun at VCOG and intended to take place through the County some years back but somehow never got off the ground. Mayor Epps referred to a request they had received from the Florida League
of Cities president that they consider a resolution from the Green Building Coalition. This will be placed on the agenda for their next meeting. They also received a request from the Mayor of Sunrise that they send their support for giving a major contract from the US Air Force to Boeing so that these jobs remain here and the monies earned from them remain in this economy, not be sent overseas. This will also be on the agenda for next month. |
12. CONSENT AGENDA |
A. Approval of Town Council Regular Meeting Minutes – January 16, 2008. |
B. Approval of Town Council Special Meeting Minutes – January 30, 2008. |
C. Approval of authorizing the application submittal for a $14,000 grant to purchase medical equipment for the fire department – matching 25% ($3,500) if awarded. |
Mayor Epps read the items A through C proposed for approval on the consent agenda. Vice-Mayor McCormick moved to APPROVE items A-C on the consent agenda, 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. |
13. OLD BUSINESS: |
A. Interviews and discussion of proposals for auditing services for Fiscal Years 07/08-09/10. This item was moved to precede item 10-A on this agenda. |
B. Discussion of Skate Park. Mayor Epps stated that she had requested an update on the activity with this park. The police department provided a report which showed there were minimal problems occurring there now. The closest neighbor to the park, Mr. Kent, who had spoken against it many times, has stated that the activity has calmed down a lot since the park first opened, as there are fewer kids using it at the same time now. He felt the change in hours has helped as well. Mr. Kent is still looking forward to additional sound buffering. |
14. NEW BUSINESS: |
A. Discussion of Cook Shack lease. Ms. Blissett and Mayor Epps each disclosed their relationships with groups relative to this item, Ms. Blissett as a member of the Lion’s Club which is interested in using this building and Mayor Epps as a member of the Ponce Inlet Volunteer Fire/Rescue Association (PIVFRA) which currently leases this building. However, neither has any personal financial conflict of interest here and will be discussing this matter only in relation to their Town positions this evening. Vic McClellan, President of the PIVFRA, submitted a letter to the Town
Council requesting they terminate the lease and reimburse the Association for recent repairs to this building which were done at the request of the Town in the amount of $2,155.17, and that the Association be permitted to place a plaque on the building at its own expense proclaiming the building to be the Ponce Inlet Volunteer Fire and Rescue Association Memorial Cook Shack, and that the Association be permitted to install a flag pole and memorial bricks adjacent to the Shack at its own expense memorializing the fallen Volunteer firefighters. Council discussed this, especially the repayment aspect. It was mentioned that a couple of appliances had also been replaced and the Association could leave those there. Mayor Epps opened for public comment. Ed Gunn, 4531 Candlewood Lane, pointed out that the Lighthouse supplies the water to the Cook Shack and that whatever group is using it needs to be aware that there is a valve between the meter and the Shack which
needs to be turned on and off. Mayor Epps closed public comment. Councilmember Goudie moved to ACCEPT the termination request effective immediately and to repay the Association the $2,155.17 for recent repairs and to keep the appliances – also that the Association be permitted to place a plaque on the building at its own expense proclaiming the building to be the Ponce Inlet Volunteer Fire and Rescue Association Memorial Cook Shack, and that the Association be permitted to install a flag pole and memorial bricks adjacent to the Shack at its own expense memorializing the fallen Volunteer firefighters, seconded by Mayor Epps. Council confirmed that this repayment was only for monies that were spent in the last couple months – not what was spent over the course of many years. Councilmember Goudie moved to CALL THE QUESTION, seconded by Vice-Mayor McCormick. The motion to call the question PASSED 5-0 with the following vote:
Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - yes, and Mayor Epps – yes. Following this, the primary 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. |
B. Discussion of board appreciation banquet. Ms. Blissett stated that the last board appreciation banquet was held on Wednesday, April 11th, 2007 at the Community Center. They have budgeted to host this again this year and need to determine a date for it. Council determined this would be held on Wednesday, April 23rd. Councilmember Hinson will cook and the other members will serve. Happy hour will be from 5-6:00, with dinner at 6:00 and music beginning at 7:00 p.m. |
C. Discussion of goals workshop. Ms. Blissett stated that Council has traditionally held a Goals Workshop every two years. The last Goals Workshop was in February 2006. Funds were budgeted to hold a Workshop this fiscal year and this Workshop was scheduled for Saturday, April 5th. The Workshop could not be held in February due to the desire to have the results of the Citizens’ Survey for consideration at this time. Staff anticipates receiving these results the beginning of March. If any changes to the date of this Workshop need to be made, it
would be best to do so at this meeting so that staff can make appropriate arrangements with the facilitator and the off-site facility which has been scheduled to hold this. Council discussed this and Vice-Mayor McCormick stated that he could not make the April 5th date. He will however provide his input for this as much as possible. The facilitator indicated that he could provide his for the finalization of these results as well. All agreed to maintain the April 5th date. |
D. Discussion of a program to impose and collect user fees for the deployment of Emergency Services. This item was actually conveyed incorrectly for the agenda and addressed under Councilmember Sturno’s comments. |
15. FROM THE TOWN MANAGER. Ms. Blissett reminded everyone of the Art Show planned for March 15th and 16th and that next week. Also, she and Ms. Richard will be attending the Echo ranking and scoring meetings scheduled for Wednesday and Thursday next week at the County for their grants for the Davis House project and the Ponce Preserve amenities. |
16. FROM THE TOWN ATTORNEY. Ms. Cassady provided a status report on the Las Olas case. They are in the midst of defensive motions and the discovery phase. This is a slow process as they file interrogatories to get information from the Surety companies. |
17. ADJOURNMENT. Mayor Epps adjourned the meeting at 9:30 p.m. announcing the upcoming Local Planning Agency Meeting scheduled for March 12th, 2008 at 6 p.m. and the Regular Council Meeting of March 19th, 2008 at 6 p.m. |
Respectfully submitted by: |
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Jeaneen P. Clauss, CMC, |
Assistant Town Manager/Deputy Clerk |
