Town of Ponce Inlet
TOWN COUNCIL MINUTES
Regular Meeting of February 18, 2010
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 4300 South Atlantic Avenue, Ponce Inlet, Florida.
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 Lewis, Seat #3
Councilmember Davis, Seat #4 (arrived late 6:20 p.m.)
Councilmember Rutledge, Seat #5
Staff Members Present:
Ms. Cherbano, Human Resource Coord/Deputy Clerk
Ms. Clauss, Town Manager/Town Clerk
Mr. Gunter, General Manager of Public Works
Mr. Joulani, Director of Planning and Development
Chief Lurcock, Acting Police Chief
Mr. Marks, Chief Building Official
Chief Scales, Fire Chief
Mr. Shepard, Town Attorney
Ms. Trepasso, Administrative Assistant
Ms. Yoon, Planner
4. ADDITIONS, CORRECTIONS, OR DELETIONS TO THE AGENDA: Mayor Goudie asked for any Council objection to removing item 13-C, Discussion of canal dredging in the Town from the agenda – hearing none – item 13-C was removed. Vice-Mayor Derr requested to add a Discussion of April Regular Town Council Meeting to the agenda. Mayor Goudie hearing no objection – assigned the item number 13-C.
5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS:
A. Certificate of Appreciation to Glenn Johnson for his work on the Code Enforcement Board. Mayor Goudie presented Mr. Johnson with a certificate for his hard work and dedication for the many years of service as a volunteer member of the Code Enforcement Board.
B. Certificate of Appreciation to Raul Rio for serving as the Director of Ponce Inlet’s Third Annual Mardi Claws Parade. Mayor Goudie presented Ms. Lisa Genovese, on behalf of Mr. Rio who was not present, with a certificate of Appreciation for the Town’s Third Annual Mardi Claws Parade and spoke about the enjoyable time everyone had.
C. Presentation of Ponce Inlet Lighthouse Preservation Association Annual Report from ED Gunn, Executive Director. Mr. Gunn, Executive Director of the Ponce Inlet Lighthouse Preservation Association gave a brief comprehensive overview of the Lighthouse Annual Activity Report for Fiscal Year 2008-2009; which outlined the scheduled and non-scheduled restoration and preservation work, revenues, sales, memberships, educational programs, and the Community Outreach programs. Mr. Gunn stated that this was not the Annual Financial Report, which is provided to the Town’s auditor each year. Mr. Gunn also informed that the “Lighthouses of the World” project is complete with a touch screen monitor that will bring up photos and information on all
the lighthouses in the world and invited everyone to U.S. Airways exhibit that will be opening on February 27th, 2010. Council members thanked and acknowledge the hard work that Mr. Gunn and his staff has done during these hard economic times.
6. OLD/NEW BUSINESS REQUESTED FOR THE BEGINNING OF THE MEETING:
A. Appointment of member to the Code Enforcement Board. Ms. Clauss stated that Mr. Johnson has resigned from Seat 1 of the Code Enforcement Board and Mr. Hinson has submitted an application for this board. The Code Enforcement Board voted to recommend Mr. Hinson as a full time member to Seat 1. The filling of this seat will leave Alternate Seats 1 and 2 vacant. Councilmember Lewis moved to approve the appointment of Mr. Jim Hinson to Seat 1 on the Code Enforcement Board; seconded by Mayor Goudie. Mayor Goudie asked Mr. Hinson for any comments. Mr. Hinson, 4745 S. Atlantic Avenue, thanked the Council for considering appointing him to the Code Enforcement Board.
Mayor Goudie thanked Mr. Hinson for volunteering to participate on the board and asked for any other comments from Council – hearing none – closed comments. Mayor Goudie asked for public comment – hearing none - closed public comment. Roll Call Vote 5-0 PASSED with the following vote: Councilmember Lewis – yes, Mayor Goudie – yes, Councilmember Davis – yes, Vice-Mayor Derr – yes, and Councilmember Rutledge – yes.
B. Appointment of member to the Historic and Archaeological Preservation Advisory Board. Ms. Clauss stated the Ms. Comfort’s term ended December 31, 2009 and she has not reapplied for reappointment to the board. Ms. Betty Bayard applied for the Board and on February 4, 2010 the Board voted to recommend to the Council that she fill vacant seat #4, a term which expires in 12/31/2012. Councilmember Lewis move to appoint the appointment of Betty Bayard to Seat #4 on the Historic and Archaeological Preservation Advisory Board; seconded by Vice-Mayor Derr. Mayor Goudie asked for any more Council comments – hearing none – closed and opened for public comment – hearing none – closed public comment. Roll Call Vote 5-0 PASSED with the following vote: Councilmember Lewis – yes, Vice-Mayor Derr – yes, Mayor Goudie – yes, Councilmember Davis – yes, and Councilmember Rutledge – yes.
7. PUBLIC HEARINGS / QUASI-JUDICIAL MATTERS: None.
8. PUBLIC HEARINGS / NON-QUASI-JUDICIAL MATTERS:
A. Second reading / adoption of Ordinance 2010-02, adopting the Volusia County MPO traffic impact analysis plan. AN ORDINANCE OF THE TOWN OF PONCE INLET, FLORIDA, AMENDING THE CODE OF ORDINANCES, PART III LAND USE AND DEVELOPMENT CODE (LUDC), ENTITLED “CRITERIA FOR DETERMINING CONCURRENCY,” BY AMENDING SECTION 4.10.1.B, NEWLY ENTITLED “TRAFFIC IMPACT ANALYSIS METHODOLOGY AND REQUIREMENT”, AND DELETING SECTIONS 4.10.1.C, 4.10.1.D, AND 4.10.1.E, AND ADOPTING THE VOLUSIA COUNTY METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION IMPACT ANALYSIS METHODOLOGY BY REFERENCE; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE. Attorney Shepard read Ordinance 2010-02, by title only. Ms. Clauss stated that this is the second reading of Ordinance 2010-02 that was presented to Council by the Planning Commission and Karl Welzenbach of the Volusia County MPO for consideration of the Traffic Impact Analysis (TIA) Methodology and its adoption for future implication of scenarios, interlocal agreements, and future funding from the MPO for the Town. This would allow Ponce Inlet to be more in-line with other municipalities and to be included in the processes as applications are submitted to MPO that could affect the transportation routes for the Town residents and visitors. Mayor Goudie asked for Council comments – hearing none – asked for a motion. Vice-Mayor Derr moved to approve Ordinance 2010-02, adopting the Volusia County Metropolitan Planning Organization’s Traffic Impact Analysis Plan; seconded by Mayor Goudie. Mayor Goudie asked for public comments – hearing none – closed public
comment. Roll Call Vote 5-0 PASSED with the following vote: Vice-Mayor Derr – yes, Mayor Goudie – yes, Councilmember Davis – yes, Councilmember Lewis – yes, and Councilmember Rutledge – yes.
9. CITIZENS’ PARTICIPATION: Charles Lawrence, 4445 S. Atlantic Avenue, stated that the Town has beautiful sidewalks for its residents but was disappointed about the limited streetlights on Atlantic Avenue and Peninsula Drive. He asked the Council to look into putting more lights along these two streets.
10. ORDINANCES (FIRST READING) AND RESOLUTIONS:
A. Ordinance 2010-01, adopting Chapter 1 of the 2007 Florida Building Code and the 2009 International Property Maintenance Code both with Town amendments. – AN ORDINANCE OF THE TOWN OF PONCE INLET, FLORIDA, AMENDING SECTIONS 18-5 AND 18-31 OF THE CODE OF ORDINANCES, RELATING TO BUILDING CODES ADOPTED; ADOPTING THE 2007 EDITION OF THE MODEL ADMINISTRATIVE CODE PUBLISHED BY THE BUILDING OFFICIALS ASSOCIATION OF FLORIDA; AMENDING SECTION 18-411 BY ADOPTING THE 2009 CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, WITH CERTAIN AMENDMENTS THERETO PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. Attorney Shepard read Ordinance 2010-02, by title only. Ms. Clauss stated this ordinance is to
continue with the State standards for the Building and Property Maintenance Codes. The international code allows for leniency and flexibility from the State code language. The Town has adopted this in prior years and these types of Codes have decreased the cost of insurance for the residents. In the area of inspections, State Law requires an outside contractor to inspect the dwelling either by a third party inspector or the Town Building Inspector even when a certified contractor is used. This ordinance does not put anymore constraints above and beyond what is required. Mayor Goudie asked for Council comments – hearing none – closed Council comments and asked for a motion. Vice-Mayor Derr moved to approve Ordinance 2010-01, adopting Chapter 1 of the 2007 Florida Building Code and the 2009 International property Maintenance Code, both with Town amendments, seconded by Councilmember Lewis. Mayor Goudie asked for
Council and Public comments – hearing none – closed comments. . Roll Call Vote 5-0 PASSED with the following vote: Vice-Mayor Derr – yes, Mayor Goudie – yes, Councilmember Davis – yes, Councilmember Lewis – yes, and Councilmember Rutledge – yes.
B. First reading of Ordinance 2010-03, establishing a new Planning Board to replace the current Planning Commission and Board of Adjustment. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PONCE INLET, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CODE OF ORDINANCES AND THE LAND USE AND DEVELOPMENT CODE TO CREATE A NEW PLANNING BOARD TO COMBINE THE DUTIES OF A PLANNING COMMISSION AND A BOARD OF ADJUSTMENT, CONSISTENT WITH THE TOWN’S CHARTER; AMENDING VARIOUS SECTIONS OF THE LAND USE AND DEVELOPMENT CODE TO RECOGNIZE THE DISTINCTION BETWEEN QUASI-JUDICIAL AND LEGISLATIVE DECISIONS TO ASSIST THE PLANNING BOARD IN ITS DUTIES; AMENDING “DUE PUBLIC NOTICE” REQUIREMENTS FOR PUBLIC HEARINGS; CREATING DUTIES OF THE PLANNING BOARD AND AMENDING
PROCEDURES FOR REVIEW OF DEVELOPMENT PLANS TO PROVIDE THAT SUCH PLANS COME BEFORE THE DEVELOPMENT REVIEW TEAM; PROVIDING THAT APPLICANTS OF CERTAIN QUASI-JUDICIAL HEARINGS ARE ENTITLED TO REPRESENTATION AND FAILURE OF AN APPLICANT TO APPEAR AT A HEARING MAY RESULT IN DENIAL OF THE APPLICATION; AMENDING PROCEDURES FOR REZONINGS AND AMENDMENTS TO THE LAND USE AND DEVELOPMENT CODE; AMENDING SECTIONS OF THE CODE OF ORDINANCES WHICH ARE OBSOLETE; PROVIDING DIRECTION TO THE INTERIM TOWN MANAGER, PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR CONFLICTS AND AN EFFECTIVE DATE. Attorney Shepard read Ordinance 2010-03 by title only. Ms. Clauss gave a brief overview on the foundation of this ordinance stating that it was based on combining the functions of the Planning Commission and Board of Adjustments into one board that could handle both functions. Council voted to direct staff to create an ordinance that would combine these two boards into one and to
allow for the changes in the Code and LUDC as required. Ms. Clauss stated that if Council approves this first reading then the Town would start taking applications for a seven member board with two alternate members. Mayor Goudie asked for public comment. Robert Bullard, 4802 S. Peninsula Drive, asked for clarification from the Town Attorney with the combining of the two boards concerning the issue of quasi-judicial and advisory hearings. Attorney Shepard stated that the Attorney General opinion allows this type of combining of boards and this ordinance addresses how to handle each of these types of hearings. Mr. Bullard inquired if it will be difficult for the board members to handle both of these hearings in the same meeting. Attorney Shepard stated that there is an attorney present at these meetings and there are safety measures within the ordinance to assist in the quasi-judicial hearings. Jim Hinson, 4745 S. Atlantic Avenue, inquired if the
meetings would be broken into two parts much like the Council agendas. Attorney Shepard stated that the agenda will be set-up in the same format as a Town Council agenda but they have not gotten to that point at this time. Councilmember Davis inquired how the members will be selected and will the LPA be staying with the Town Council. Attorney Shepard stated that the Town Council will select members from the application. These applications are open to all interested individuals. The LPA, at some point in the future, will go to this board but only at the direction of the Council with either a resolution or an amendment to this ordinance. Councilmember Davis questioned line 215, Special Conditions; if the board would be able to attach special conditions to the request/application as typically this usually done only by Council and how does an individual appeal this board decision. Attorney Shepard stated that Council would only hear
quasi-judicial or variance upon appeal and then Council can set special conditions as needed. Attorney Shepard gave a summary on the appeal procedure and also stated that there was a memo that clarified the procedures. Mr. Shepard stated that Council did not ask for his firm to streamline the appeals process but they could if Council desires. Councilmember Davis stated that all appeals should go directly to the Town Council with the understanding that there are certain administrative appeals that must go to the Courts such as interpretations of the building or fire marshal codes. Mr. Joulani stated that Council hears all variances except for “article 5 Variances” even in this ordinance. There was a discussion on which variances come before the Council and which ones went to the BOA. Attorney Shepard and Mr. Joulani will get together on section 5 and Article 10 concerning the variance and route them appropriately to the Planning
Board as Council directs. Councilmember Lewis stated that Article 10 and the LPA should be reviewed at the same time. She reinforced the need for education for these board members. Mayor Goudie stated that this ordinance was to elevate vacancy within the two boards which would benefit citizens and staff. Vice-Mayor Derr agreed with Councilmember Davis that all variances should go before Planning Board and clarified that all appeal should go to the Town Council or Court. She voiced her concerns with the noise article and the number of written warnings. Attorney Shepard stated that to change this area of the ordinance would be changing the law and this ordinance only deals with combining these two boards. Ms. Clauss asked Council for clarification on direction of the variances specifically if they would prefer all variance to go directly to Planning Board as well as all appeals to go directly to Council. Council agreed.
Councilmember Lewis moved to approve first reading of Ordinance 2010-03 with a title correction (to remove interim), line 111 correction. Also to incorporate the additional variances that currently go before Council to instead go to the new Planning board as well as any appeals to go to Town Council instead of going externally, seconded by Mayor Goudie. Mayor Goudie asked for any public comments – hearing none – closed public comments. Roll Call Vote 5-0 PASSED with the following vote: Councilmember Lewis – yes, Vice-mayor Derr – yes, Councilmember Davis – yes, Mayor Goudie – yes, Councilmember Rutledge – yes.
C. First reading of Ordinance 2010-04, adopting the latest regulations of the County for water conservation/landscape irrigation. AN ORDINANCE OF THE TOWN OF PONCE INLET, VOLUSIA COUNTY, FLORIDA, RENAMING ARTICLE III, CHAPTER 78, OF THE CODE OF ORDINANCES; VACATING AND DELETING SECTIONS 78-131 THROUGH 78-138 OF THE CODE OF ORDINANCES AND ADOPTING NEW PROVISIONS IN SAID SECTIONS TO PROVIDE FOR IMPLEMENTATION OF THE MOST RECENT WATER CONSERVATION RULES FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND VOLUSIA COUNTY, PROVIDING DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY
OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDI9NANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE. Attorney Shepard read Ordinance 2010-04 by title only. Ms. Clauss stated that Volusia County has adopted these new water restrictions and in accordance with County Charter it is mandated for all municipalities to adopt these new water rules. Ms. Clauss stated that the Town Code is not up-to-date for water regulations, yet the Town citizens are bound by the same restrictions as the County. She expressed concern that there could be confusion for citizens due to this. The County allowed the municipalities to set the penalty fees and allowed for only two warnings. She has spoken with Betty DiFranco, representative of the Parks, Recreation, and Tree Board and Ms. DiFrance has some good ideas for education and water wise
landscaping for new homes. Councilmember Lewis expressed her concern over the mandate of this ordinance and the complexity of the restrictions in this ordinance. Betty DiFranco, Parks, Rec. and Tree Board member stated that the Parks, Rec. and Tree Board in conjunction with WAV started a Ponce Inlet Water-Wise Award for homes with landscaping that have minimal irrigation and asked Council to convey the need for water saving landscaping suggestions. Councilmember Davis agreed with this ordinance and applauded the Park, Rec. and Tree Board for their efforts in educating residences in this area. Councilmember Rutledge expressed the need for the whole systemic change beginning with the St. John’s River Management and ending with the residents. Mayor Goudie stated that this is a controversial issue and affirmed that there is a consumption problem in Florida. Julie Davis, 87 Jennifer Circle stated the use of Astro-turf.
Councilmember Davis moved to approve Ordinance 2010-04, seconded by Vice-Mayor Derr. Mayor Goudie asked for any other Council comments – hearing none – closed Council comments and opened public comments – hearing none – closed public comments. Roll Call Vote 5-0 PASSED with the following vote: Councilmember Davis – yes, Councilmember Lewis – yes, Councilmember Rutledge – yes, Vice-mayor Derr – yes, and Mayor Goudie – yes.
11. CONSENT AGENDA:
Mayor Goudie read the consent agenda and asked council if there was anything they would like to remove from this agenda. Councilmember Davis asked for item I and K to be removed from the consent agenda. Hearing no objections Mayor Goudie stated that item I will be item 13-D and item K will be item 13-E under New Business.
A. Approval of the Town Council special meeting minutes – January 12, 2010.
B. Approval of Town Council regular meeting minutes – January 21, 2010.
C. Approval of Town Council special meeting minutes – January 27, 2010.
D. Approval of payment of January legal bill in the amount of $14,085 – dated February 4, 2010.
E. Approval of Town’s co-sponsorship of the Second Annual Ponce Inlet Christmas Parade scheduled for December 11th, 2010 - requested by Councilmember Davis.
F. Approval of a letter of support for nomination of Davis House Historic Preservation, Inc for a Statewide Preservation Award from the Florida Trust – requested by Councilmember Davis.
G. Approval of accepting a $1,000 grant from the Florida Department of Law Enforcement with a $238 match from the Marine Science Center Security account for the purchase of exterior body armor carriers.
H. Approval of agreements with the City of New Smyrna Beach for the use of their training facility and their pistol range for a fee of $300 per year.
I. Authorization to allow staff to negotiate a contract with White & Smith, LLC for the Land Use and Development Code re-write. Removed from Consensus agenda and placed under New Business 13-D.
J. Approval to proceed with request for proposals for various improvements to Ponce Preserve.
K. Approval of waiver from the requirements of the Code for the number of signs, location of signs and duration of posting from the Garden Club for their annual ice cream social. Removed from Consensus agenda and placed under New Business 13-E.
Mayor Goudie asked for a motion to approve the items on the amended consent agenda. Councilmember Lewis moved to approve the items A-H and J on the consent agenda, seconded by Councilmember Rutledge. Mayor Goudie opened the floor for public participation – seeing none closed public participation. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr – yes, Councilmember Davis – yes, and Mayor Goudie – yes.
12. OLD BUSINESS: None.
13. NEW BUSINESS:
A. Discussion of 2010 Legislative Action Agenda – Requested by Vice-Mayor Derr. Vice-Mayor Derr stated that she attended Volusia League of Cities dinner in Port Orange and that there was a presentation from Scott Dudley, representative of the Florida League of Cities on the 2010 Legislative Action topics which lobby for or against these legislative issues. One item that was directly discussed was the Amendment 4, a proposed constitutional amendment that would require voter approval of all changes to local comprehensive land-use plans, where she stated that the League definitely opposes this amendment. She also stated that she did not know if actual tax dollars was being spent on opposing this amendment due to the
fact that it is not allowed under the Law. Vice-Mayor Derr stated she agreed that citizens should speak on comprehensive plan amendments but prior to when the League puts the Town’s name into the act wanted Council input. Councilmember Lewis explained how these legislative priorities are selected and that the League takes the top priorities to lobby in Legislative session. The League would like each municipality to send a letter to each of their Legislators supporting their stand on each issue. She also stated that Amendment 4 would affect home rule law. Mayor Goudie stated his concern on the legislative process where it concerned blanket endorsements because not all agree with all the language in each issue. Councilmember Rutledge expressed his concern with tax dollars being used for lobbying amendments and that the data being presented is erroneous and out-dated. Councilmember Davis asked the attorney if Council should be discussing
these because under the law local government is prohibited from taking public funds to advocate for the passage or defeat of an amendment, issue, or referendum that will be voted on by the public according to Senate Bill 216. She also inquired on the funds that the Town pays to these types of committees and whether Council was in compliance with the law. Attorney Shepard stated that joining these organizations does not give any obligation to lobby for/against amendments. He stated that Council could inform the organizations that it is tax dollars that allow Council to be members and therefore, the use of tax dollars should not be to pay for lobbying purposes. Attorney Shepard also stated that as a public body on a political issue Council may not want to take a position on amendments that will be voted on by the public. Councilmember Lewis stated that memberships in these organizations can be beneficial to the Town but encouraged Council not to take a
position on amendment 4. Mayor Goudie asked Council if they would like to take a position on any of the issues – Council agreed not to take a position on any of the 2010 Legislative issues.
B. Discussion of establishing anti-tethering regulations. Councilmember Davis stated that this ordinance came from City of Seminole regarding anti-tethering of canines and the need for educating general public. She wanted to know how the Council felt on this issue because the Town does not have anything like this in its animal code. She also stated that Florida Statute 828 deals directly with animal cruelty. Councilmember Rutledge stated that this ordinance basically states that an individual cannot tie up his dog at any time and that this ordinance is too restrictive. Councilmember Lewis expressed her concern with section 1 and stated that she did not see the need for this ordinance. Vice-Mayor
Derr agreed with Councilmember Lewis. Council agreed to table this item indefinitely.
C. Discussion of canal dredging in the Town – requested by Mayor Goudie. Removed from Agenda by Mayor Goudie, until a later date.
Mayor Goudie asked for Mr. Bullard to speak. Mr. Bullard, 4802 S. Peninsula Avenue, would like to see a program developed for the regulation of dredging canals. At a future meeting, Mr. Bullard would like to make a presentation concerning this item. Mayor Goudie stated that this item would be on another meeting and asked Mr. Bullard if he would give his presentation at that time.
C. Discussion of April Meeting. Councilmember Davis stated that three Council member will be attending Advanced Elected Municipal Officials training the night after the regular Council Meeting and asked Council to move the meeting to the April 22nd. Councilmember Davis move to approve the Regular Council meeting to April 22nd, 2010, seconded by Councilmember Rutledge. Mayor Goudie asked for public and Council comments – hearing none – closed comments. This motion PASSED 5-0 with the following vote: Councilmember Lewis – yes, Councilmember Rutledge – yes, Vice-Mayor Derr – yes, Councilmember Davis – yes, and Mayor Goudie – yes.
D. Authorization to allow staff to negotiate a contract with White & Smith, LLC for the Land Use and Development Code re-write. Ms. Clauss stated that the funding for this project was budgeted and approved by Council with $75,000 for the LUDC re-write along with $25,000 for the Riverfront district. There was a full RFP process which brought twelve proposals. Staff reviewed and ranked all proposals for the most qualified and they are recommending White & Smith, LLC. Councilmember Davis inquired that the price is ten thousand three hundred and ninety dollars ($10,390) more than what was budgeted and where would these funds come from. Ms. Clauss stated that it is the intent of staff to get this overage within
budget therefore the reason the proposal is before the Council is to allow staff to negotiate with the company on the pricing. During the negotiations it could be determined that if some of the re-write areas could be done in-house that could possibly assist with lowering the cost. There has been no allocation for more funds within this area of the budget for next year budget realizing that this project could take up to eighteen (18) months. Mr. Joulani stated that the project has been broken down into three phrases with the first being the Comprehensive Plan policies, second phase is the Planned Waterfront Development (PWD) and guidelines associated with that area, and last cleaning up the rest of the code to bring it up-to-date. Councilmember Davis inquired if the PWD was to be taken out of the code what would be the savings? Mr. Joulani stated that the PWD was negotiated with DCA and recommended leaving it in the Comprehensive Plan for a mix
use area. There was a brief discussion on how the Council arrived at the funds for this project and the Lighthouse Overlay District funds of $25,000 where rolled over into the PWD project. The review criteria consisted of ten criteria one being organizational comprehensiveness which means if the firm had a planner, biologist & attorney on board, land use code specialist primarily for municipalities, and other such criteria as qualifications of the team leader and members along with coastal land-use experience. The two firms that ranked the highest in all the criteria were Clarion Associates and White & Smith, LLC. The next area to review was the pricing and the recommendation of White & Smith, the lowest bidder, by Mr. Joulani. Vice-Mayor Derr questioned the workload of each firm and the penalty involved for not staying within the timeline quoted. Mr. Joulani reviewed the workload of each firm and stated that White & Smith, LLC could handle the workload. Mr. Joulani
stated that the penalties will all be worked out with the signing of the contract. Councilmember Lewis stated that the focus is to stay on task within the timeframe projected by the firm. Councilmember Davis moved to approve the authorization to allow staff to negotiate a contract with White & Smith, LLC for the Land Use and Development Code re-write for the amount $110,390, seconded by Vice-Mayor Derr. Mayor Goudie asked for public comment – hearing none – closed public comments. Mayor Goudie asked for any more Council comments – hearing none – closed Council comments. This motion PASSED 5-0 with the following vote: Councilmember Davis – yes, Vice-Mayor Derr – yes, Councilmember Rutledge – yes, Councilmember Lewis – yes, and Mayor Goudie – yes.
E. Approval of waiver from the requirements of the Code for the number of signs, location of signs and duration of posting from the Garden Club for their annual ice cream social. Councilmember Davis asked for consideration of a provision in the Code so that the Garden Club would not have to apply for a sign waiver for the annual ice cream social in May and craft show in October every year. Attorney Shepard asked how the Town would distinguish these types of activities between other applicants and on what basis? Councilmember Davis stated it would be for Ponce Inlet organizations only. The Council was concerned with the legal ramifications that this could bring about between organizations in and out of the Ponce Inlet. Mr. Joulani stated that Council could give approval on a waiver to include a timeframe or assign this to the new Planning Board for review. Councilmember Davis moved to approve the Garden Club waiver of application for the sign permit for the Ice
Cream Social in May and Craft Show in October; seconded by Councilmember Lewis. Mayor Goudie asked for public comment – hearing none – closed public comments. Mayor Goudie asked for Council comments – hearing none – closed Council comments and asked for roll call. This motion PASSED 5-0 with the following vote: Councilmember Davis – yes, Councilmember Lewis – yes, Vice-Mayor Derr – yes, Councilmember Rutledge – yes, and Mayor Goudie – yes.
14. FROM THE TOWN COUNCIL:
A. Councilmember Lewis, Seat #5 – stated she will be attending the Waterfront Development Regulatory Requirement and Solutions meeting at VCARD on February 26, 2010. She also encouraged Council and citizens to read the Quality Cities Magazine.
B. Councilmember Davis, Seat #4 – stated that the road paving is progressing nicely and thanked public works. She also gave kudos to the police department for the thief arrest and the fire department for their grant stating that U.S. Congresswoman Suzanne Kosmas was here to present it to them. Councilmember Davis stated that the Mardi Claws parade was wonderful and thanked everyone that participated in the event. She will also be attending the Waterfront Development meeting that VCARD is presenting. She also informed the public that all Council Member emails concerning their positions are public records and governed by the Sunshine Laws.
C. Councilmember Rutledge, Seat #3 – expressed his concern with the Town paying dues to organizations that are lobbying on amendments and wanted to know how to handle this type of issue. Attorney Shepard stated it is fine to tell them to stop lobbying on amendments that will be voted on by voters.
D. Vice-Mayor Derr, Seat #2 – thanked the police department for allowing her to ride along with a police officer to understand what they do on a daily basis.
E. Mayor Goudie, Seat #1 – stated he would be attending the VCARD meeting and that this is a real educational event. He also stated that he is the representative on VCOG and that he would express the opinion of the Council on the lobbying issues that concern the Council if so desired.
15. FROM THE TOWN MANAGER. Ms. Clauss stated that she has provided each Council member with a calendar of events for the month of February. She was pleased to announce that the Town received a one-year extension on the ECHO grant On Monday, March 1st the police department will be doing their annual bicycle registration kick-off. She also gave out the budget workshop meeting dates and times. Ms. Clauss updated Council on the new RFP from the Banking Service Selection Committee that will be advertisement on February 22nd and that this would be on the May Council meeting agenda.
16. FROM THE TOWN ATTORNEY. Attorney Shepard stated there are no litigation updates for the Council at this time, although the Town did receive the funds from Las Olas settlement. Attorney Shepard referred to Mr. Morris’ letter requesting that Inlet Harbor Restaurant and Marina be permitted to make a pre-application presentation to the Town Council. He cautioned that, though this in and of itself is permissible by law, things can change over the course of time so the applicant needs to understand that. He will prepare a letter which clarifies this if a pre-application meeting is desired.
17. ADJOURNMENT. Mayor Goudie adjourned this meeting at approximately 9:27 p.m., announcing the regular meeting scheduled for March 18th, 2010 at 6:00 p.m.
Respectfully submitted,
Jeaneen P. Clauss, CMC,
Town Manager/Town Clerk
Prepared by: Kim Cherbano, CMC, Human Resource Coord/Deputy Clerk
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