Town of Ponce Inlet Town Council Regular Meeting Minutes October 11, 2018

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 2 3 Town of Ponce Inlet Town Council Regular Meeting Minutes October 11, 2018 1. CALL TO ORDER. Pursuant to proper notice, Mayor Smith called the meeting to order at 6:00 p.m. in the Council Chambers at 4300 S. Atlantic Avenue, Ponce Inlet, Florida. 2. PLEDGE OF ALLEGIANCE. Mayor Smith led the Pledge of Allegiance. 3. ROLL CALL. Town Council: Mayor Smith, Seat 1 Councilmember Milano, Seat 2 Vice-Mayor Hoss, Seat 3 Councilmember Perrone, Seat 4 Councilmember Paritsky, Seat 5 All five members of Council were present. Staff members present: Ms. Cherbano, Human Resources Director/Deputy Clerk Mr. Disher, Assistant Director, Planning & Development Department Chief Fabrizio, Police Chief Mr. Gunter, Public Works Manager Ms. Hunt, Administrative Assistant Mr. Joulani, Director, Planning and Development Department Chief Scales, Fire Chief Attorney Shepard, Town Attorney Ms. Witt, Town Manager Ms. Zengotita, Cultural Services Manager 4. ADDITIONS, CORRECTIONS OR DELETIONS TO THE AGENDA. Mayor Smith asked if there were any corrections to the agenda. Ms. Witt removed Consent Agenda item 6-G, Approval of on-call services contract with Mead & Hunt for inspections and site plan reviews; there were no other changes. Mayor Smith requested public comment hearing none, he closed public comment. Councilmember Paritsky moved to adopt the agenda as amended; seconded by Vice- Mayor Hoss. The motion PASSED 5-0, consensus. 5. PROCLAMATIONS, PRESENTATIONS, AND AWARDS: A. Proclamation recognizing October 22 28, 2018 as Florida City Government Week. Mayor Smith read the proclamation declaring October 22 28, 2018 as Florida City Government Week and presented it to Ms. Zengotita. 6. CONSENT AGENDA: Mayor Smith asked if there was any item Council would like to remove from the consent agenda or discuss hearing none he closed Council comments. Mayor Smith asked for public comment Paul Roxenberg, 122 Beach Street expressed his support of consent item 6-J, noting that the cost of the stretcher can be justified by preventing injuries to first responders and patients. Mayor Smith closed public comment. A. Approval of the Town Council regular meeting minutes September 20, 2018.

51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 B. Approval of the payment of legal bill in the amount of $12,676 ($9,916 of which is related to the Pacetta Lawsuit) dated October 3, 2018. C. Approval of request for leave of absence from Elviria LaBarre for the Cultural Services Board meetings of September 11 th and October 1 st. D. Approval of request for leave of absence from Joe DiCarlo for the Planning Board meetings of September 25 th, October 23 rd, and November 27 th. E. Approval of request for leave of absence from Judy DiCarlo for the Code Enforcement Board meetings of October 22 nd and November 26 th. F. Approval of interlocal agreement with the City of New Smyrna Beach in accordance with airport zoning requirements adopted as mandated in section 333.03, Florida Statutes. G. Approval of on-call services contract with Mead & Hunt for inspections and site plan reviews, as requested by the Planning & Development Department. Removed by Ms. Witt under agenda item 4. H. Authorization to purchase replacement boardwalk materials for Ponce Preserve west, in the amount of $77,026, as provided for in the FY 18/19 budget. I. Authorization for the Public Works Department to purchase a replacement vehicle for public works, a Ford F-250 with safety lighting for $35,000, as provided for in the FY 18/19 budget, and to declare a 2003 Ford F-150 as surplus equipment. J. Authorization for the Fire Department to purchase a powerlift stretcher in the amount of $51,983; this amount is $1,983 over the amount provided in the FY 18/19 budget and will require a budget amendment in that line item. K. Approval of request for co-sponsorship of the Ponce Inlet Women s Club Holiday Boutique and Fashion Show; co-sponsorship is limited to the purposes of advertising, as no special event permit fee or staff assistance is needed for the event. Councilmember Paritsky moved to approve the Consent Agenda as amended, with removal of item 6-G; seconded by Vice-Mayor Hoss. The motion PASSED 5-0, consensus. 7. OLD/NEW BUSINESS ITEMS PREFERRED AT THE BEGINNING OF THE MEETING: A. Presentation of Bicycle-Pedestrian Feasibility Study. Mr. Joulani provided the history behind this item, noting that this study is the first step to prove the project is feasible, which allows for grant funding. He explained that this would be considered a long-term project that would be completed in phases. He stated the goal of the project is to improve bicycle and pedestrian safety. He added that this concept plan should be used as a guide to identify safety, drainage, and ADA concerns. Ms. Witt thanked Mr. Joulani for his work with the Transportation Planning Organization (TPO) and the consultant on this study and Mr. Gunter for his work with the consultant in reviewing the entire sidewalk on foot. Councilmember Perrone asked about the costs Town Council Regular Minutes Page 2 10/11/2018

99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 associated with the project, noting the inflation rate continues to rise. He also expressed concerns that the County could raise the municipality s participation costs from 10% to 25%. Stephan Harris, Transportation Planner and Project Manager with the River-to-Sea TPO stated the agency reviews its policies each November and we ll know then if the co-sponsorship will remain at 10% (noting that the Review Committee recommended keeping the participation at 10%). Mr. Harris stated that the practice has been that once a project is approved by the TPO, it is recognized at the level of participation of that time which would currently be the 10% match. Mr. Harris then explained the steps the Town should take if it wished to be considered for funding. Councilmember Perrone asked if the Town would be required to do every improvement that is outlined in this document. Mr. Harris stated that the report is meant as a guide; the Town can make changes, as it is a conceptual plan. Mr. Harris explained that grants are paid with Federal funds, so the Town must become certified to be eligible to receive and disburse Federal funds or the Town can partner with an entity, such as the County, that is already certified. Councilmember Milano asked what happens if the Town is unable to obtain the necessary easements. Mr. Harris stated that if negotiations with the property owner fails, the project could be modified. Councilmember Paritsky stated the Town would be under no further obligation at this point and suggested that public workshops and recommendations from the Town s Advisory Boards would be necessary prior to starting a project of this magnitude. Mr. Joulani stated that a survey and draft design would have to be completed and provided first so residents would have the opportunity to review and provide comments. Mayor Smith opened public comment Robert Bullard, 4802 S. Peninsula Drive stated, you do not build sidewalks and then install underground infrastructure. He stated his professional opinion that South Peninsula Drive was not constructed properly and suggested the Town create a Master Plan to include sidewalks, drainage, utilities, and infrastructure, and then rebuild South Peninsula Drive. Paul Roxenberg, 122 Beach Street stated he negotiated with the Town during a sidewalk expansion in his area and asked Council to be mindful that asking for a foot or two here and there, may cause some property owners to object to the entire project. Mayor Smith closed public comment. Councilmember Paritsky moved to accept the Bicycle-Pedestrian Feasibility Study; seconded by Vice-Mayor Hoss. The motion PASSED 5-0, consensus. B. Consideration of appointment of alternate member to the Planning Board. Ms. Witt confirmed to Council that Mr. Mauldin was present. Vice-Mayor Hoss thanked Mr. Mauldin and stated she was impressed with his education and experience. Mr. Mauldin provided a summary of his education and experience as a professional engineer. He stated he attended the September 25, 2018 Planning Board meeting and if appointed, would miss the October meeting due to a prior commitment. Councilmember Paritsky thanked Mr. Mauldin for his interest in serving on the Board. Ms. Witt suggested that Council could make Mr. Mauldin s appointment effective in November, so that he would not start off with an absence. Mayor Smith opened public comment hearing none, he closed public comment. Vice-Mayor Hoss moved to appoint Don Mauldin to Alternate Seat 2 of the Planning Board effective November 1, 2018; seconded by Councilmember Paritsky. The motion PASSED 5-0, consensus. 8. PUBLIC HEARINGS / QUASI-JUDICIAL: None. 9. PUBLIC HEARINGS / NON-QUASI-JUDICIAL MATTERS: None. 10. CITIZENS PARTICIPATION: Mayor Smith opened citizen s participation. Renato Cappuccitti, 4327 S. Peninsula Drive asked why signs were installed at the park across from his property. Ms. Witt explained that the property known as Wilbur Bay Wetlands was purchased with ECHO grant monies by the Town in partnership with Volusia County in 2006. She stated that the Town is required by the Management Plan to install signage regarding area wildlife and lending credit to where the funds came from for the land purchase. Mr. Cappuccitti stated he heard that a kayak launch and parking lot are going to be constructed at that property. Ms. Witt replied that there is no launch being constructed as the area is considered to have a natural slope area; she Town Council Regular Minutes Page 3 10/11/2018

152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 stated there are no plans to construct a parking lot either. The only outstanding item for this park is that the grant requires the Town to put a shade cover over the area where the picnic table is. Mr. Cappuccitti stated he has heard many stories and asked if the property belongs to the Town or does it belong to the subdivision and expressed concerns about losing his view of the river and wetlands. Ms. Witt stated that the Town has a deed for the property. In response to the view concerns, Attorney Shepard noted that Mr. Cappuccitti was referring to littoral rights which are a landowner s claim to use of the body of water bordering his or her property as well as use of its shore area; Mr. Cappuccitti s property is across the street. If any party wishes to challenge the Town s ownership, they may start with acquiring an Ownership and Encumbrance Report at minimal cost and to prove who or what entity owns the property; the Town does not need this report to prove this, as we have a deed that does such. Mayor Smith closed citizen s participation. 11. ORDINANCES (FIRST READING) AND RESOLUTIONS: None. 12. OLD BUSINESS: None 13. NEW BUSINESS: A. Discussion of proposed Davies Lighthouse Park Renovations and authorization to proceed with preparation of grant application. Ms. Zengotita explained that staff has inspected and reviewed the Town s parks for maintenance and potential improvement projects. She stated the Kay & Ayres Davies Lighthouse Park is the most-utilized park in the Town. She reviewed the recommendation from the October 1, 2018 Cultural Services Board meeting where it concurred with staff s proposed improvements including: replacement of playground equipment, installation of a playground shade structure, swings, picnic tables, water fountains, bench swings, sidewalk expansion to trail width along the perimeter, and upgraded lighting. Ms. Zengotita asked for Council s approval of the proposed renovations and for authorization for staff to work with the Town s engineering firm on conceptual plans and cost estimates for the preparation of a grant application through Volusia County ECHO. She added that monies for this project are available in the Land Acquisition Fund. Councilmember Paritsky stated her support of the proposed renovations and wondered if Volusia County would consider sharing some of the costs since they use it for a summer camp and other events. Councilmember Perrone stated his support and asked what type of surface would be under the playground. Ms. Zengotita stated it would be heat-resistant turf. Councilmember Milano asked about the proposed lighting. Ms. Witt stated that they are looking at lighting with an antique-themed but bollards similar to those they will be using at Pollard Park are possible. Mayor Smith opened public comment Robert Bullard, 4802 S. Peninsula Drive asked who Arugh is (as noted on the playground drawings). Ms. Zengotita stated it is the name of the playground design. Mr. Bullard commented on the quality of the equipment and asked if it would be hurricane resistant. Ms. Zengotita stated that all equipment must be engineered to meet the current wind load and standards. Mayor Smith closed public comment. Councilmember Paritsky moved to authorize staff to work with the Town s engineers on a conceptual site plan and cost estimates for submittal of a grant application to Volusia County ECHO for renovation of Davies Lighthouse Park; seconded by Vice-Mayor Hoss. The motion PASSED 5-0, consensus. B. Approval of Committee to judge entries in the Ponce Inlet Historical Museum Black Heritage Month Essay Contest. Ms. Zengotita stated that the Ponce Inlet Historical Museum is hosting a Black Heritage Month Essay Contest with RJ Longstreet Elementary School in celebration of Black Heritage Month, February 2019. The focus of the Essay will be Bill Cocoa Williams and Jesse Linzey, two African American men who lived and worked in Ponce Inlet in the early 1900s. Ms. Zengotita stated that winners will receive a certificate at the February 2019 Council meeting, a personal tour of the Ponce Inlet Historical Museum, tickets to the Marine Science Center or Ponce Inlet Lighthouse, and a Nelly the Lighthouse Cat book. In addition, the essay will be posted in the Town s newsletter, on the Town s website and social media pages. Town Council Regular Minutes Page 4 10/11/2018

205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 Ms. Zengotita stated staff is requesting Council s approval of creating the Committee to judge essay entries, which will be comprised of herself, one member of Council, and one member of the Cultural Services, Historic Preservation and Tree Advisory Board. Vice-Mayor Hoss expressed her desire to volunteer for the Committee. Mayor Smith opened public comment hearing none, Mayor Smith closed public comment. Councilmember Paritsky moved to approve creation of the Committee and to appoint Vice-Mayor Hoss, one member of the Cultural Services Board, and Ms. Zengotita to the Committee to judge entries in the Ponce Inlet Historical Museum Black Heritage Month Essay Contest; seconded by Vice-Mayor Hoss. The motion PASSED 5-0, consensus. 14. FROM THE TOWN COUNCIL: A. Councilmember Paritsky, Seat 5 Stated that October 1 st was a milestone day as Ponce s Law went into effect. She noted that she attended a rally held at the Justice Center in Daytona Beach and was honored to speak at that event along with Mayor Smith, Chief Fabrizio, Sheriff Chitwood, and Representative Leek. She thanked the members of the Council, the residents, all Volusia County municipalities, and Volusia County for adopting the Town s resolution to seek stricter punishment for animal abusers. B. Councilmember Perrone, Seat 4 Stated the Town is seeking a representative to serve on the Bicycle/Pedestrian Committee and asked that anyone interested in serving on the Committee to contact him; noted that 1/3 of the $6 million dollar cost to build the homeless shelter in Daytona Beach has been reported to be defrayed by the sale of the soil being excavated at the site. C. Vice-Mayor Hoss, Seat 3 Stated that the Garden Club scholarships are supported by events held throughout the year and noted that this weekend is the Garden Club s Arts, Crafts and Plants sale at the Community Center. She added that anyone seeking scholarship funds should contact her for more information and to obtain an application. D. Councilmember Milano, Seat 2 - Stated that the Director of the First Step Shelter is working with Catholic Charities and creating an input/processing report with Judge Schumann for a diversion process to assist Shelter residents with addiction recovery, employment opportunities, and affordable housing. E. Mayor Smith, Seat 1 Stated that the Veterans Day ceremony will be held on November 11 th at 10:00 AM and stated Embry Riddle University will provide the color guard. 15. FROM THE TOWN MANAGER Ms. Witt reviewed the calendar, noting that October is the kick-off season for events and we will all be very busy for the next several months. 16. FROM THE TOWN ATTORNEY Attorney Shepard reported the U.S. Supreme Court declined to hear Pacetta s claim so that part is now over; they have a draft Motion to Dismiss ready for the Federal case; and they will be working on their response for the 5 th DCA case. 17. ADJOURNMENT - Mayor Smith adjourned the meeting at 7:44 p.m. Respectfully submitted by: Jeaneen Witt, CMC, Town Manager/Town Clerk Peg Hunt, Recording Secretary Town Council Regular Minutes Page 5 10/11/2018