PonceInletFL - 04/16/2008 Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Regular Meeting of April 16, 2008

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

Mr. Marks, Chief Building Official

Chief Scales, Fire Chief

Chief Thomas, Police Chief

4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: Mayor Epps requested the addition of 14-C, discussion of Town accepting the beach back.

5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:

A. Proclamation declaring April as Water Conservation Month. Mayor Epps read this proclamation and presented to Councilmember Sturno as their WAV representative.

B. Proclamation declaring May 10^th, 2008 as Therapy Dog Awareness Day. Mayor Epps read this proclamation which will be mailed to the requestor.

C. Proclamation declaring May 4^th-10^th, 2008 as Municipal Clerks Week. Mayor Epps read this proclamation and presented to Ms. Clauss.

D. Proclamation declaring May 5^th-11^th, 2008 as Building Safety Week. Mayor Epps read this proclamation and presented to Mr. Marks.

E. Proclamation declaring May 18^th-24^th, 2008 as Public Works Week. Mayor Epps read this proclamation and presented to Mr. Gunter.

F. Presentation of Town Audit from Alex Kish of Brent Millikan & Company, Inc. Mr. Kish presented the Town Audit, noting primary the attached pages which summarize the Town’s financial position (attachment A).

G. Certificate of Appreciation for Barbara Davis, out-going Planning Commission Member. Mayor Epps presented this to Ms. Davis for her dedicated service to the Town on this board.

6. BOARDS AND COMMISSIONS: None.

7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS: None.

8. PUBLIC HEARINGS – ORDINANCES (Second Reading): None.

9. CITIZENS’ PARTICIPATION: Ted Doran, 444 Seabreeze Boulevard - Daytona Beach, stated that he is representing the Johnson’s and he appreciates the cooperation they have received from the Town. However, there have been some very destructive statements made from some residents regarding the Johnson’s and he is here tonight to let the Council know that these false and malicious statements will no longer be tolerated. This perfectly legal project will proceed through the established process.

10. ORDINANCES (FIRST READING) AND RESOLUTIONS:

A. First Reading of Ordinance 2008-04, amending the Code in regards to cross-connection control regulations. Ms. Cassady read this ordinance by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, AMENDING SECTION 78-65 OF THE CODE OF ORDINANCES RELATING TO CROSS-CONNECTION CONTROL TO PROTECT THE TOWN’S WATER SUPPLY SYSTEM FROM BECOMING CONTAMINATED; ADOPTING BY REFERENCE A “CROSS-CONNECTION CONTROL PROGRAM” FOR THE TOWN TO DETECT AND PREVENT CROSS-CONNECTION THAT CREATES A POTENTIAL DANGER TO PUBLIC HEALTH; PROVIDING FOR VIOLATIONS AND LIABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND SETTING AN EFFECTIVE DATE. Ms. Blissett invited Mr. Gunter to explain that when our records were audited by the Volusia County Health Department in December 2007, it was discovered that some amendments were needed in this section of the Code. This ordinance amends our current regulations and incorporates the required cross connection control manual. The proposed ordinance has been reviewed and approved by the Health Department. Mayor Epps opened for citizen comment. Seeing none, Mayor Epps closed citizen comment. Councilmember Goudie moved to APPROVE the first reading of Ordinance 2008-04, 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.

B. First Reading of Ordinance 2008-05, establishing non-ad valorem stormwater utility rates, fees, an enterprise fund and administration requirements. Ms. Cassady read this ordinance by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, ESTABLISHING NON-AD VALOREM STORMWATER UTILITY RATES AND FEES PURSUANT TO SECTION 403.0893, FLORIDA STATUTES, AND THE TOWN’S HOME RULE AUTHORITY; PROVIDING AUTHORITY, DECLARATION, AND FINDINGS; PROVIDING DEFINITIONS AND POWERS OF THE UTILITY; ESTABLISHING A METHODOLOGY FOR IMPOSITION OF STORMWATER UTILITY FEES; ESTABLISHING AN ENTERPRISE FUND FOR STORMWATER UTILITY FEES; PROVIDING FOR THE COLLECTION OF STORMWATER UTILITY FEES AND COMMENCEMENT OF PAYMENT; PROVIDING FOR A PERIODIC RATE STUDY; PROVIDING FOR APPEALS AND PENALTIES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND SETTING AN EFFECTIVE DATE. Ms. Blissett stated that for the passed several years, the Town Council directed staff to look into alternative revenue sources and last year they directed this be pursued more vigorously. The town had implemented its stormwater master plan at a cost of three million dollars and pledged seventy thousand dollars per year in revenues for this. This infrastructure is important to maintain but it is costly and easily cut when focus is narrowed and revenues are short. This ordinance includes a credit provision for condominiums and homeowners associations which have these on sight. Under the ad valorem method, no credit provision is possible nor is it possible to equitably distribute the costs because of property value differences. Also, under the ad valorem system, properties which are not developed are assessed equal to those that are developed when they do not contribute to the stormwater runoff issue. The average for this is about $84 per year, not an amount that makes much of a difference for ad valorem tax write-off purposes. Ms. Cassady cited court cases which support the fee method versus the ad valorem tax method because it is considered inappropriate to charge the undeveloped properties. Clarification of the difference between a fee and a tax was made – a fee is assessed to users while a tax applies to all. Mayor Epps noted that they had received an e-mail from Mr. Gary Comfort, 84 Ocean Way Drive, on this and he had requested it be attached to the minutes of this meeting (attachment B). It was the felt that the concerns within this e-mail were addressed in these discussions. Ms. Blissett stated that she will be spearheading an educational campaign on this. Mr. Giannini, engineer with Quentin Hampton & Associates, went over the study they had submitted via the attached PowerPoint (attachment C). Councilmember McCormick confirmed that the Town would not be limited to the funds within this budget if excessive repairs were needed beyond the monies available within. Mayor Epps opened for citizen comment. Constance Hunter, 4329 South Atlantic Avenue, confirmed they could not actually meter stormwater runoff. Mayor Epps closed citizen comment. Vice-Mayor McCormick moved to APPROVE the first reading of Ordinance 2008-05, 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. Resolution 2008-04, supporting measure for “Green Local Government” through improved environmental performance and encouraging the State Legislature and Governor to do the same. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA TO PURSUE MEASURES TO BECOME A “GREEN LOCAL GOVERNMENT” THROUGH IMPROVED ENVIRONMENTAL PERFORMANCE, USING CRITERIA AND STANDARDS DEVELOPED BY THE FLORIDA GREEN BUILDING COALITION, AND ENCOURAGING THE LEGISLATURE AND GOVERNOR TO SUPPORT THE GREEN LOCAL GOVERNMENT PROGRAM; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Epps explained that she personally supports this as green initiatives save money in the long term even though there are up-front costs. Other members indicated agreement as well. Mayor Epps opened for citizen comment. Seeing none, Mayor Epps closed citizen comment. Councilmember Goudie moved to APPROVE Resolution 2008-04, 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.

D. Resolution 2008-05, providing for a prior year adjustment to the budget of FY 06/07 and a mid year supplemental appropriation to the budget of FY 07/08. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, PROVIDING FOR A PRIOR YEAR ADJUSTMENT TO THE BUDGET OF FY 2006-2007; PROVIDING FOR A MID YEAR SUPPLEMENTAL APPROPRIATION TO THE BUDGET OF FY 2007-2008; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Blissett went over all of the changes proposed for the current year budget and utilized the attached PowerPoint (attachment D). Mayor Epps opened for public comment. Russ Boner, 59 Beach Street, inquired as to whether we have any investments in the SBA and also about the legal budget, which is currently at approximately forty-two percent spent but needs some additional funding in order to cover the costs of revising the sign ordinance. Ms. Blissett advised that town staff stayed on top of the SBA crisis and funds were moved to more accordingly. Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE Resolution 2008-05, 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.

11. FROM THE TOWN COUNCIL

A. Councilmember Sturno, Seat #5, indicated he had nothing further to report.

B. Councilmember Hinson, Seat #4, stated that the proposed I-95 exit between Port Orange and New Smyrna Beach was removed from the short list the Metropolitan Planning Organization meeting, though Port Orange was in favor of this. Councilmember Hinson complimented the town manager and staff for their hard work – conserving and recycling – in order to do the very best with our resources.

C. Vice-Mayor McCormick, Seat #3, stated that he attended the WAV meeting as alternate for Councilmember Sturno. As of now, Daytona Beach is out and South Daytona and Holly Hill are technically in. The budget recommendation from the manager’s committee was taken into consideration when they approved the funding method for next fiscal year. Vice-Mayor McCormick also reminded everyone of the River Clean-Up set for Saturday, May 3^rd.

D. Councilmember Goudie, Seat #2, gave an update from his attendance at Legislative Action Day where major cuts were indicated for some programs most deserving of funds. Councilmember Goudie referred to the Colorado experience where they have gone through Draconian cuts of this nature and now recovering from that experience.

E. Mayor Epps, Seat #1, gave an update from her attendance at Volusia Day where they met with representatives, one of which is sponsoring working waterfronts legislation and particularly noted Ponce Inlet’s influence in that. They requested the Legislation not support TABOR and the Legislators seemed to agree and this ultimately failed. The Town continued it’s support for working waterfront, school funding replacement, fishing regulations, local planning agency duty assumption capability of governing body, consideration of small communities very dependent on ad valorem, and a hospital certificate of need program change.

12. CONSENT AGENDA

A. Approval of Town Council Regular Meeting Minutes – March 19, 2008.

~~B. Approval of six-month extension of the development order for The Beach Club Cottages from June 28, 2008 to December 28, 2008.~~

~~C. Approval of six-month extension of the development order for The Cottages at Ponce Inlet from May 17, 2008 to November 17, 2008.~~

~~D. Approval of Emergency Vehicle Transport Agreement with the Emergency Medical Foundation.~~

Mayor Epps read the items A through D proposed for approval on the consent agenda. Councilmember Goudie requested item D be moved to New Business D. Councilmember Hinson requested items B and C be moved to New Business E. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE item A on the consent agenda, 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.

13. OLD BUSINESS: None.

14. NEW BUSINESS:

A. Presentation of compensation and classification study. Brian Wolfe, presented the results of this study via the attached PowerPoint (attachment E). Council discussed whether pay bands were appropriate for the Town and though Vice-Mayor McCormick was not entirely in favor of these, all basically agreed with these as they accepted the report in totality. Mayor Epps confirmed that any new positions they might create would receive placement through the consultant. The cost of turnover was addressed and there are specific formulas they can create to calculate the exact cost for individual positions but it generally ranges between twenty-five and seventy-five thousand dollars. Ms. Blissett stated that sufficient funds were within the current year budget due in large part to the FRS conversion, making a one year implementation feasible. Councilmember Goudie noted that though the Council was determined to be eleven percent below their peer group, Evergreen had not proposed resolution of that within their solution spreadsheet. Mr. Wolfe stated that they prefer not to make a recommendation regarding the wages of political bodies, as that is for each to determine. Councilmember Goudie requested this discussion for the May agenda (editor’s note: this request was withdrawn a few days later). Mayor Epps opened for public comment. Russ Boner, 59 Beach Street, inquired about the average increase being given and stated that he did not feel that average should be included in the average increase annual increase which determines Council’s increase each year. Mayor Epps closed public comment. Councilmember Hinson moved to ACCEPT and fully implement the results of the Evergreen compensation and classification study, 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.

B. Discussion of the Government in the Sunshine Law and the Public Records Law as they relate to the Davis House Historic Preservation, Inc. Ms. Blissett explained that she had approached Ms. Cassady to develop a management plan / lease arrangement and this led to the discussions as to how this group would function in consideration of the Sunshine Law. That portion of it may be premature but touching on it revealed that the group may not be intending to manage or lease this property. That however may present an issue as far as the ECHO grant goes because the Town Council indicated they intended only to put up some seed money, not to add another permanent expenditure to their budget. Council determined this item would be postponed until May, when the group could attend the meeting and they could resolve some of these issues. Ms. Tara Lamb’s letter was mentioned and will be in the Council packet for the May meeting.

C. Discussion of the Town Accepting the Beach Back. Mayor Epps asked staff about the impact of accepting the beach back, as the County Manager is asking this of the various municipalities. Ms. Blissett stated that they already respond to all police/fire/EMS calls there but the lifeguard costs would be a big concern. Councilmember Goudie pointed out that the toll monies would still go to the County. Mayor Epps stated that she felt this proposal was directly opposite of the cost-saving measures they were seeking in other areas. No one expressed support for this offer.

D. (Moved from Consent) Approval of Emergency Vehicle Transport Agreement with the Emergency Medical Foundation. Ms. Blissett stated that the Town has worked with EVAC to obtain this agreement to allow the Ponce Inlet fire department to transport patients to the hospital in very specific situations. They are not currently permitted to transport even though the Town has a vehicle for this. In the very rare event that the were to provide a transport, the closest unit response agreement with Port Orange and Daytona Beach Shores to assure continued fire and EMS coverage in Ponce Inlet. EVAC would also bill the insurance of any patient transported by the fire department and return ninety percent of the fee received to help offset any additional costs associated with the transport. These costs are anticipated to be very minimal. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE the emergency vehicle transport agreement with the Emergency Medical Foundation, 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.

E. (Moved from Consent) Approval of six-month extension of the development order for The Beach Club Cottages from June 28, 2008 to December 28, 2008 and approval of six-month extension of the development order for The Cottages at Ponce Inlet from May 17, 2008 to November 17, 2008. Councilmember Hinson asked how many extensions are we going to give these projects? Mr. Joulani explained that the projects have been delayed as a result of the slowdown in the housing market and he is working with them to ensure that they are completed as quickly as possible but that he would anticipate another extension being needed because they are limited to six months each. Mayor Epps confirmed that there isn’t a down-side to the Town for granting this. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Sturno moved to APPROVE the six month extension requests for the development orders of The Beach Club Cottages and The Cottages at Ponce Inlet to December 28, 2008 and November 17, 2008 (respectively), 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.

15. FROM THE TOWN MANAGER. Ms. Blissett thanked Council for their budget work and for the implementation of the salary study.

16. FROM THE TOWN ATTORNEY. Ms. Cassady gave an update on the Las Olas case. The two bonding companies are fighting it out now. Mr. Sheppard has started discovery and is awaiting interrogatories. Ms. Cassady referred to the petition being circulated in Town, which she received a copy of, and asked if Council would like for her to review the language of it. Councilmember Sturno expressed concern about this but other members indicated they felt a review was prudent to determine if something is problematic. All agreed that Ms. Cassady would do so and report back to them.

17. ADJOURNMENT. Mayor Epps adjourned the meeting at approximately 9:45 p.m. announcing the Regular Council Meeting of May 21^st, 2008 at 6 p.m.

Respectfully submitted by:

Jeaneen P. Clauss, CMC,

Assistant Town Manager/Deputy Clerk