PonceInletFL - 05/21/2008 Town Council Minutes

Town of Ponce Inlet

TOWN COUNCIL MINUTES

Regular Meeting of May 21, 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, General Manager of Public Works

Mr. Joulani, Interim Development Services Director

Mr. Marks, Chief Building Official

Ms. Richard, Development Review Clerk

Chief Scales, Fire Chief

Chief Thomas, Police Chief

4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: None.

5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:

A. Proclamation recognizing Peace Officers Memorial Day – May 27^th, 2008. Mayor Epps read this proclamation and presented it to Chief Thomas.

B. Presentation for Emergency Medical Services (EMS) Appreciation Week. Chief Scales introduced Port Orange EMS Division Chief Rafferty who commended the Town for their participation in the Regional Communications Center and for being a partner city in Port Orange’s recent designation and State EMS Provider of the Year. Chief Rafferty presented the Town Council with a plaque in recognition of National EMS Week, May 18-24, 2008 and recognizing the Town’s dedication to the local EMS system, uniting to deliver the highest quality care within the State of Florida.

C. Presentation from Ponce Inlet Lighthouse Preservation Association on volunteers. Robyn Hurd referred to the lighthouse volunteer appreciation dinner which she attended a few weeks ago and she was in awe of the dedication exhibited by so many people – some which she doesn’t generally get to see. She felt inspired to bring a presentation to the Town Council about their work (PowerPoint attached - A).

D. Presentation from Davis House Historic Preservation, Inc of proposed plan for restoration of historic post office and cottage at 143 Beach Street. Tara Lamb gave a DVD presentation on the history and present status of 143 Beach Street (notes attached – B).

6. BOARDS AND COMMISSIONS: None.

7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS:

A. Request for tree removal permit of one 18 inch diameter oak tree at 4716 South Peninsula Drive. The applicant, Mr. Craig Gittner, is in the process of constructing a single family residence at this address. At the March 19^th meeting, the Town Council reviewed and approved the removal of trees within the footprint of the house and driveway. At that time, the applicant intended to retain an 18” diameter oak tree by moving the footprint of the house to the south. Upon clearing of the lot, it became evident that the tree survey did not accurately indicate the location of this tree. Photos were provided which showed that the tree is approximately two feet from the revised footprint. Additionally, rather than growing straight, it grows to the west. This area of the house is two-stories high, so the tree would be growing right into the structure, even after shifting the footprint as proposed. The applicant has complied with the conditions of approval of the removal of the other trees and is now requesting approval of the removal of the 18 “ oak tree at the northeast corner of the footprint of the house. Staff recommends approval of the removal of the 18” oak tree with the understanding that replacement trees will be planted prior to the issuance of a Certificate of Occupancy. Mayor Epps opened for citizen comment. Seeing none, Mayor Epps closed citizen comment. Councilmember Goudie moved to APPROVE the first removal of the 18” oak tree, 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.

B. Request for tree removal permit of one 16 inch diameter oak tree and two cedar trees of 21 and 10 inches diameter at 4932 South Peninsula Drive. The applicant, Mr. Robert Scully, has submitted an application to tear out and replace his existing driveway, relocate one driveway entrance and add new parking areas (photos and plans were shown). Discrepancies were found between the tree survey submitted and the actual trees on site in regards to their sizes and staff provided corrected information for each. The applicant is requesting the removal of three specimen trees (one oak measuring 16.3 inches, one cedar measuring 20.5 inches, and one cedar measuring 10 inches.) and is proposing to relocate four palm trees measuring 8 to 15 inches. Health analysis reports were provided for the 20.5 inch cedar and 10 inch cedar. The recommendation for the 20.5 inch cedar was removal. Mayor Epps opened for public comment. Don Kraska, 55 Oceanway Drive, confirmed there was presently fire department access. Judy Jones, manager of the property, spoke on behalf of the applicant – stating the concerns they have about visibility, access, and decay. Betty DiFranco, chairperson of the Parks, Recreation and Tree Advisory Board, stated that a good arborist could trim and stake the 10 inch cedar to keep it safe. Mayor Epps closed public comment. Vice-Mayor McCormick moved to APPROVE the removal of the 20.5 inch cedar only, seconded by Councilmember Hinson. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – yes, Councilmember Goudie - no, and Mayor Epps – yes. Councilmember Sturno moved to CONTINUE the consideration of this application whenever the applicant provides an arborist report on the 10 inch cedar. 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. PUBLIC HEARINGS – ORDINANCES (Second Reading):

A. Second reading / adoption 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 stated 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 second reading of Ordinance 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.

B. Second reading / adoption 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 four some time now, staff has been directed and been working on this – following implementation of the stormwater master plan, where many improvements were made throughout Town to the tune of about ___ million dollars. The Town currently has a State Revolving Fund loan for this and pledged various revenues (gas tax, cell tower lease, special event fee-Sun Cruz) in the repayment of this loan. As they discussed when amending their budget last month, the gas tax revenues have declined statewide. Also, for the passed six years the Town Council has placed finding alternative revenue sources, to that of ad valorem, as one of their top two goals. They have also placed continued infrastructure maintenance and improvements on their goals list. Councilmember Goudie expressed opposition to this ordinance and referred to the healthy reserve that they have now and a general citizen preference to fund this as a tax rather than a fee in order to be able to claim it on their income taxes. Vice-Mayor McCormick inquired as to whether there were any pre-payment penalties on this loan. Ms. Blissett stated that she did not have that info handy but did not believe so. Councilmember Sturno expressed the same opposition as Councilmember Goudie as he had from numerous citizens that they did not wish to change the funding mechanism. He also expressed dissatisfaction with the manner in which credits were determined for those properties that had already provided for their stormwater concerns – feeling this proposal provided them with practically nothing for that investment. Andrew Giannini, engineer with Quentin Hampton & Associates, stated that the method that they used is the most commonly accepted method and the simplest to administer – as others would require recalculation on a regular basis. Vice-Mayor McCormick stated that he felt this was better placed as a user fee because that would ensure that appropriate funding was always available to make sure they don’t fall behind in taking care of their infrastructure through the earmarking of these funds. Mayor Epps agreed, stating that this was a matter of policy preference – fundamental in nature – and that she always felt that user fees were the fair method to that of taxes whenever possible. Ms. Cassady cited case law in which the Courts had determined that stormwater in particular should be charged as a user fee, not a tax, because undeveloped properties should not be charged for this service. Ms. Blissett noted that the actual effect on the property tax bill for write-off purposes would be minimal – average of $84 per month. Mayor Epps felt this minimal effect to homeowners would serve everyone well by having a fund set-aside for infrastructure loan repayment, maintenance and improvements. Councilmember Goudie restated his opposition to this because no matter what the rationale was to have it, which he could see that point as well, the citizens do not want it. He also stated that the sky is not falling and they are in good shape whether they do this or not – feeling this was unnecessary. Councilmember Sturno pointed out that the amount being proposed - $7 per month – was higher than that of any of the surrounding cities. Ms. Blissett stated that she had originally proposed a lower rate to offset their existing debt service but that a preference was indicated to look at what they would need to fund the entire debt service. She stated that a lower fee would be fine – just to get the mechanism in place and assist with repayment, in light of declining amounts of pledged revenues. Mayor Epps opened for public comment. Bud Salano, 67 Beverly Hills Avenue, stated that he doesn’t like this being done as a monthly fee – but felt that it should be handled in the annual budget. Gary Comfort, 85 Oceanway Drive, stated that he disagreed with most of what had been said in support of this. He felt that the Town was in good financial shape – not like their sister cities which stayed at the rolled-back rate for so many years that their capital projects were not maintained. He stated that he was very pleased that more than seventy percent of the Town’s revenue was derived from ad valorem taxes because those come off their income tax bill. Placing this as a fee had the effect of increasing the cost by one-third due to the effect on their Federal tax bill. He referred to the original proposal for stormwater improvements when they were assured this would be paid for out of their gas taxes, which had a limited use. Fundamentally, he felt that fees were only appropriate for things that they can control their use of and this is not one of them. He disagreed that stormwater was a benefit only to developed properties, seeing a good stormwater system as a benefit to anyone owning property in the area. Ginger Bayer, 55 Jennifer Circle, stated her preference that the funding for this remains in ad valorem taxes. Mayor Epps closed citizen comment. Vice-Mayor McCormick moved to APPROVE the second reading of Ordinance 2008-04, no second was made. Motion DIED for lack of a second.

9. CITIZENS’ PARTICIPATION:

Gary Comfort, 85 Oceanway Drive, stated that their will be a topic at the Volusia League of Cities meeting tomorrow night on hometown democracy. He asked that the Council maintain their previous stand to take a neutral role and support only the educational aspect – not opposition to something for which the voters will decide.

Constance Hunter, 4329 South Atlantic Avenue, stated that she is very upset about boat storage facilities and she wants protection for the Town from this. Mayor Epps stated that this will be discussed under item 14-D.

Harvey Bach, Ponce Inlet Corvette Club, thanked the Town for their co-sponsorship in the Vettes at the Light event held on May 17^th.

10. ORDINANCES (FIRST READING) AND RESOLUTIONS:

A. First reading of Ordinance 2008-06, submitting to the electors a proposed Charter amendment to allow for the reconstruction of buildings higher than 35 feet which are substantially damaged from accidental fires or natural disasters. Ms. Cassady read this ordinance by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF PONCE INLET A PROPOSED AMENDMENT TO SECTION 7.02 OF THE CHARTER OF THE TOWN OF PONCE INLET REGARDING BUILDING HEIGHT LIMITATIONS; PROVIDING BALLOT TITLE, BALLOT SUMMARY AND QUESTION, AND TEXT FOR THE PROPOSED AMENDMENT; PROVIDING DIRECTIONS TO THE TOWN CLERK; PROVIDING FOR THE DATE OF EFFECTIVENESS OF CHARTER AMENDMENT IF APPROVED BY A MAJORITY OF ELECTORS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE FOR THIS ORDINANCE. As per the request of the Town Council, Ms. Cassady prepared this ordinance and explained via the attached memorandum (C). Councilmember Goudie expressed concern about creating an inequity by addressing this and not the floor area ration ordinance. Ms. Cassady stated that they need to address this Charter issue first and then they can address the other through the comprehensive plan. Councilmember Hinson stated that he had requested they take a look at this issue because people would be prevented from building back for the height issue and they could be without a home – the floor area ration ordinance doesn’t prevent build back of the structure – just limits the square footage of such. Mayor Epps opened for citizen comment. Gary Comfort, 85 Oceanway Drive, stated that he felt the basic intent behind this ordinance is very good and he understands that the far ordinance inequities are better dealt with later. Mr. Comfort expressed concern about the mechanical terminology being too broad and Mr. Marks explained that only equipment that is required by Code is allowed higher than 35 feet. Mr. Comfort inquired about the inequity this ordinance may cause and felt that a 95% threshold would accomplish what it set out to and would avoid that. He also expressed concern that they were putting too much detail in the charter when they’ve been told that the details are best left to the land development code and that the comprehensive plan is meant to be a broad brush vision and it seems the charter would be even broader than the comprehensive plan. Ms. Cassady responded to each of these – feeling the percentage threshold was too much to put on someone to “prove-up” after an emergency. As for the detail, if the charter is to address this topic as ours does, it needs detail to convey the desire of the public via referendum so that there is no confusion. Larry Fornari, 4926 Sailfish Drive, confirmed that the buildback of 24 months was not a completion date. That is correct, as one need only submit their application within the 24 months. He also stated that he thought the floor area ration ordinance was a bad idea in 2005 and feels they should address it as soon as possible. Kris Derr, 148 Bounty Lane, asked if there was going to be anything that prevents someone from rebuilding at a higher grade level than they originally had. (Editors note: This question was not fully answered at this meeting but upon review afterward it was determined that the land use and development code does limit the amount of allowable fill. Article II, Section 2.2 Definitions states: Filling:~The deposit or burial of materials, such as land clearing debris, soil, rock or other solid minerals, onto any land, water or wetlands. This definition does not include land filling with garbage or other similar waste matter. Within the context of this code, the only filling that is permitted is the depositing of approved material to bring any proposed building site to an elevation that is one foot above the base flood elevation.) Mayor Epps closed citizen comment. Given the discussion, Ms. Cassady requested that she be permitted to work on revisions to this ordinance and recommended they not pass the first reading at this meeting. Council agreed to postpone the first reading of Ordinance 2008-06 until the regular meeting in June.

B. First reading of Ordinance 2008-07, revising the fees for Town business tax receipts. Ms. Cassady read this ordinance by title and confirmed that she had approved for legality and form: AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, INCREASING MUNICIPAL BUSINESS TAX RATES BY NOT MORE THAN FIVE PERCENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABIITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Blissett stated that business tax receipts, formerly known as occupational licenses, are regulated by Section 205 of the Florida Statutes. Section 2.05.0535(3) permits local governments to increase business tax rates up to five percent every other year upon a majority-plus-one vote of the local governing body. The Town increased it’s rates in 2004 and had not done so previously since 1995. This ordinance proposes a rate increase of slightly less than five percent for all license fees. Mayor Epps opened for citizen comment. Seeing none, Mayor Epps closed citizen comment. Councilmember Goudie moved to APPROVE the first reading of Ordinance 2008-07, seconded by Councilmember Hinson. This motion PASSED 4-1 with the following vote: Councilmember Sturno – yes, Councilmember Hinson – yes, Vice-Mayor McCormick – no, Councilmember Goudie - yes, and Mayor Epps – yes.

C. Resolution 2008-07, authorizing a two year extension to the sunset date of the Town Land Acquisition Advisory Committee. Ms. Cassady read this resolution by title and confirmed that she had approved for legality and form: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, FLORIDA AMENDING RESOLUTION 2006-12 RELATING TO THE LAND ACQUISITION ADVISORY COMMITTEE TO EXTEND THE SUNSET DATE OF SAID COMMITTEE TO MAY 2010; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Ms. Blissett stated that the Land Acquisition Advisory Committee was established by Resolution 2002-13 to advise the Town Council on land acquisition strategies and alternatives. The original term of the Committee was one year, with extensions granted by Resolutions 2003-03, 2004-11, and 2006-12. The current sunset date for the Committee is May 2008. During the last six years, the Committee has been actively engaged in the land acquisition process and was instrumental in recommending the acquisition of the eight acre parcel known as Timucuan Oaks Botanical Garden and the twenty-two acre parcel known as the Wilbur Bay Wetlands. The Ponce Preserve Conservation Project remains on Volusia Forever’s “A-List”. The proposed resolution would provide a two year extension to this Committee – May 2010. Council expressed their appreciation for the accomplishments of this Committee. 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 2008-08, establishing stormwater utility fees and the formula for calculation of credits for certain privately owned/maintained stormwater areas. This item was removed from the agenda because Ordinance 2008-05 did not pass earlier in the meeting.

11. FROM THE TOWN COUNCIL

A. Councilmember Sturno, Seat #5, gave an update from the WAV meeting this morning. The SJRWMD wants to change the water restrictions from 2 days per week year-round to one day in the fall and two in the summer. They also would like to regulate the use of grey-water, which is contradictory to why distribution of it was set-up in the first place which was to use it up and prevent it from being dumped into the river.

B. Councilmember Hinson, Seat #4, reminded everyone that the Citizen of the Year Award will be presented at the Community Center tomorrow night.

C. Vice-Mayor McCormick, Seat #3, referred to the stormwater fee ordinance and stated that he had supported this item in particular due to all of the projected doom and gloom regarding local government revenues. Some of this was discussed that the Legislative Delegation Breakfast that several of their members attended recently. At that breakfast, they mentioned legislation like the anti-bullying act, FCAT grading to be adjusted to incorporate college credits earned while attending high school, and that the plan for light rail (CSX) was still underway. Vice-Mayor McCormick referred to the News Journal article on the upcoming referendum of constitutional changes and encouraged everyone to educate themselves on these before they cast their vote.

D. Councilmember Goudie, Seat #2, referred to this same Breakfast and stated that there will be a 17.5 million dollar cut in educational funding in Volusia County alone and that this issue is being faced across the State. He agreed there was a lot of projected doom and gloom but in spite of that so far Representative Dorothy Hukill had managed to get them $270,000 for Ponce Preserve – though this is still subject to the Governor’s veto. The light rail remains on the table because people are still looking for mass transportation, particularly with the continued rise of fuel prices. Councilmember Goudie referred to the Cook Shack and stated that he would like to look into the possibility of allowing a non-profit business the use of it (this is currently restricted to government agencies through its public/institutional zoning). All agreed that this item would be placed on the agenda for discussion at their next meeting.

E. Mayor Epps, Seat #1, referred to the Breakfast as well and stated that the preview of declining revenue was why she also supported the stormwater fee and other user fees as well. She stated that she believes they will be addressing this again in the future because it is going to get worse before it gets better. Mayor Epps gave an update from VCOG: They meet regularly with Volusians for Tax Reform and are forming a good partnership as they seek good tax reform that will prevent either party from being harmed too much. They also continue to meet with Smart Growth Committee on issues of growth management – addressing urban sprawl and environmental issues. VCOG managed to lower its budget for next fiscal year by ten percent and still maintained a fifty percent reserve (approximately $126,000). Mayor Epps mentioned that the Corvette Show last weekend was great again.

12. CONSENT AGENDA

A. Approval of Town Council Special Meeting Minutes – April 5, 2008.

B. Approval of Town Council Regular Meeting Minutes – April 16, 2008.

C. Acceptance/Approval of Town Manager’s annual evaluation from each Council member.

D. Approval of submitting a grant request in the amount of $4,462 for wildfire equipment to the Division of Forestry – if awarded, Town match would be $2,231.

E. Approval of declaring one gravely power trim wood chipper as surplus equipment.

F. Approval of continuing a piggy-back contract with Grubbs Emergency Services for debris removal in the event it is needed.

G. Approval of full appointment of Aref Joulani as Director of Planning & Development (formerly Interim Development Services Director).

Mayor Epps read the items A through G proposed for approval on the consent agenda. Mayor Epps opened for public comment. Seeing none, Mayor Epps closed public comment. Councilmember Goudie moved to APPROVE items A-G on the consent agenda, 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.

13. OLD BUSINESS: None.

14. NEW BUSINESS:

A Discussion of the ECHO Grant and relationship with the Davis House Historic Preservation, Inc. Due to time constraints, this item was postponed until the regular meeting in June.

B. Discussion of ECHO Grant for Ponce Preserve project as it relates to the FRDAP Grant. Due to time constraints, this item was postponed until the regular meeting in June.

C. Discussion of validity of proposed Charter amendment regarding dry boat storage facilities. As per the request of the Town Council, Ms. Cassady explained the issues with regard to this via the attached memorandum (D). They may now petition the courts for declaratory relief in time to meet the August 26^th deadline of the County Supervisor of Elections office for placement of a question on the November ballot. Mayor Epps and Councilmember Goudie referred to the findings of the Legal Advisory Committee and one of the things they encouraged was that they not go to court with their citizens. They would prefer they sit down with the political action committee and try to work out the language issues like they did with last year’s Political Action Committee on the citizens’ initiative referendum. Ms. Cassady explained that unlike last year, she would not be able to actually write mutually agreeable language because the topic itself is not one in which they are mutually agreeable as exhibited by the Town Council’s vote to transmit the recent comprehensive plan amendment. She could sit down with them and express the same concerns noted within her memo but it would be up to them to pursue alleviation of such so that the Town would not need to seek a declaratory judgment. Mayor Epps opened for public comment. Rick VanRensselaer, 4880 Sailfish Drive – member of Political Action Committee, happy to sit down with the Town attorney to make whatever changes are needed and go back out and get more signatures. Gary Comfort, 85 Oceanway Drive, stated that he felt this was a good route to go and that he felt that it would be wrong for the Town to do anything that would impede getting this question on the ballot – the will of well more than the number of citizens than statutorily required. Mr. Comfort stated that he takes issue with a couple of statements within Ms. Cassady’s memo – feeling the interpretation is a stretch to say that this amendment does not change from the present criteria regarding boat storage facilities. Allan Watts, Cobb & Cole, stated that he agrees with Ms. Cassady’s opinion as stated within this memo and noted that additional issues are at hand which cannot be corrected. First, the police power for use of land may only be regulated by the governing body unless it is a nuisance and then equal treatment must be applied across the board. However, since this appears to be focused on three properties it is further prohibited from this type of regulatory measure for as it is fewer than five parcels of land. Constance Hunter, 4329 South Atlantic Avenue, expressed concern that the transmitted comprehensive plan amendment would increase their traffic issues and affect their emergency evacuation. Due to the time, Councilmember Goudie moved to EXTEND the meeting by twenty-five minutes, seconded by Councilmember Hinson and APPROVED by consensus. Larry Fornari, 4926 Sailfish Drive, stated that regardless of these legal opinions, in excess of twenty percent of the Town’s population wants this addressed and the Council should place it on the ballot and let the people decide. Mayor Epps closed public comment. Councilmember Goudie stated that there are legal opinions in direct contrast to Mr. Watts statements. Mayor Epps confirmed that all agreed that Ms. Cassady is directed to sit down with the members of the Political Action Committee and express the same concerns noted within her memo that they might pursue alleviation of such so that the Town would not need to seek a declaratory judgment. All agreed.

D. Discussion of resolving conflict regarding dry boat storage facilities and structures larger than 5,000 square feet in a Planned Waterfront District. Due to time constraints, this item was postponed until the regular meeting in June.

15. FROM THE TOWN MANAGER. Ms. Blissett thanked the Council for their support in her role as manager this passed year. She then asked that they determine the date they would like to hold the Volunteer Appreciation Banquet – Tuesday, June 17^th was agreed upon.

16. FROM THE TOWN ATTORNEY. Ms. Cassady indicated she had nothing further to report.

17. ADJOURNMENT. Mayor Epps adjourned the meeting at approximately 10:15 p.m. announcing the Regular Council Meeting of June 18^th, 2008 at 6 p.m.

Respectfully submitted by:

Jeaneen P. Clauss, CMC,

Assistant Town Manager/Deputy Clerk