REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS - CITY HALL

1000 CITY CENTER CIRCLE

JUNE 22, 2010

 

THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:00 p.m.

 

Pledge of Allegiance

 

Silent Invocation

 

Roll Call:                                  Present:           Councilman George Steindoerfer

                                                                        Councilman Bob Pohlmann

                                                                        Councilman Dennis Kennedy

                                                                        Vice Mayor Mary Martin

                                                Mayor Allen Green

 

                        Also Present:   Kenneth W. Parker, City Manager

Margaret T. Roberts, City Attorney

Shirley M. Kelly, Deputy City Clerk

Glenda Leftwich, Recording Secretary

 

  

Political candidates in attendance introduced themselves. They stated what office they are running for and gave a brief overview of their background.  Citizens were encouraged to get to know the individuals and all of the issues.

 

The City Council recessed 7:05 p.m. to hold the Town Center CRA Meeting, which minutes are under separate cover.

 

Recess:        7:05 p.m.

Reconvene:  7:17 p.m.

 

CITIZEN PARTICIPATION (Agenda – 15 Minutes)

 

4.         Discussion  - Electronic Sign Policy

 

Mr. Parker, City Manager, said the City received an inquiry regarding the City’s electronic sign policy, adopted by Resolution No. 02-79.  The policy says who and when a message can be placed on it. The policy requires that City Council approve the Palmer and YMCA message, Council has, however, always allowed staff to handle that as long as there are no conflicts.  Mr. Parker said the question before Council is do they wish to leave the policy as is or amend it to reflect past practice. Councilman Kennedy asked how this discussion came about.  Is it in response to someone?  Mayor Green said there was a concern that the YMCA is advertising and they are a Christian based organization. Councilman Kennedy asked if there has been any consideration to charging.  Mr. Parker said no charge was ever considered. One concern was that they were trying to limit discussion on the electronic sign to City activities or on City property here at City Center.  Councilman Kennedy asked how many times the sign has been used by Palmer or the YMCA.  Mr. Parker said the YMCA has used it more than Palmer. Maybe 1-2 times a month but it may be several days during that period.  Palmer does not use it as frequently.  Usually it is when they are welcoming new students or having a special event. Councilman Pohlmann said he is a proponent of separating Church and State, however, he does not see the YMCA advertising in that fashion. He supports the policy as is.  Vice Mayor Martin supports the existing policy. She has seen nothing promoting religion. Councilman Steindoerfer agreed.

 

Robert Reinhagen still has concerns. Those are private organizations. How do you avoid granting to another? As far as religion, they are a Christian organization.  On their website they refer to their Christian mission. He has been unable to get an EEOC Statement from them. 

 

Don Burnette said it has to do with City owned land at City Center. He suggested considering if you want to use it for other City owned property, i.e. the Adult Activity Center.

 

Mayor Green said he is amazed at the number of people who do not know what YMCA stands for. He said they are an integral part of this community and suggested leaving the policy alone.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Ted Noftall, Chickadee Drive, said he is curious as to how much money is being spent tonight.  He sees a disconnect between conversation. This is hard economic times. He does not feel that the City Council appreciates the economic train wreck coming for the country.  Volusia County has the second highest taxes in the State. There are a lot of items on the agenda on which money is being spent. He feels Council should get off the notion that something is a good deal because it is grant funded. He asked why the City should spend money on brownfields. There are already boating restrictions in the river.  All levels of government should cut back on spending. 

 

Daniel Zurla, Long Grove Land, spoke regarding the Constitution and what he believes Port Orange is violating regarding being not allowed to walk at Cypress Head Golf Course.

 

CONSENT AGENDA

 

5.         Project Managers’ Report

6.         Approval of Additional Engineering Fees – Quentin Hampton Associates;             Sleepy Hollow Storm Water Ditch Improvements Projects

7.         Change Order No. 1 to the Miller Pipeline Contract for Sanitary Sewer        System Rehabilitation Work at the Dunlawton Avenue 30” Gravity Sewer       Collector System

8.         Extension of Continuing Surveying Services Contracts

9.         Voting Delegate – Florida League of Cities Conference

10.       Waive Bid Procedures and Award B-23 Canal Dredging Contract to Ryan             Southern, Inc.

11.       Public Improvements Agreement for Varcelo Development, Inc.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to approve the Consent Agenda. Motion carried unanimously by voice vote.

 

FINANCE

 

12.       Resolution No. 10-41 – Utility Service Agreement – Colony in the Wood    Mobile Home Park

 

RESOLUTION NO. 10-41

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING AN UTILITY SERVICE AGREEMENT FOR COLONY IN THE WOOD MOBILE HOME PARK REGARDING WATER/SEWER SERVICES, IMPACT FEES, EXISTING IMPROVEMENTS AND OTHER MISCELLANEOUS MATTER RELATED TO UTILITY SERVICE TO AND ON THE PROPERTY LOCATED AT 400 SOUTH CLYDE MORRIS BOULEVARD; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

 

Margaret Roberts, City Attorney, said there is one paragraph still being addressed.  Robert Merrell, Attorney for the applicant, said there is some tweaking that needs to be done. Ms. Roberts said the changes are consistent with the Finance Department’s wishes and can be made without changing the substance of the Agreement.

 

There was no person from the public who wished to speak.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-41, subject to minor revisions to the wording by the City Attorney and City Manager. Motion carried unanimously upon roll call vote.

 

13.       Resolution No. 10-42 – Proposed Revisions to the City’s Investment          

 

RESOLUTION NO. 10-42

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE CITY’S INVESTMENT POLICY; SUPERSEDING PRIOR RESOLUTIONS; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

 

John Shelley, Finance Director, said no terms of the policy are changing. Staff is looking at various components to update and keep current.

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to adopt Resolution No. 10-2.  Motion carried unanimously upon roll call vote.

 

14.       Monthly Financial Report

 

John Shelley, Finance Director, gave the Financial Report for the month of May 2010.  All five major operating funds are within budgeted perimeters.  Revenues for year to date have been reviewed and found to be at budgetary levels.  In the Water/Sewer Fund there has been a slight decrease from where it should be.  This is felt to be due to wet weather. We are going into the summer months and it depends on weather as to whether this will pick up.  Mr. Parker said that Roger

 

Smith, Public Utilities Director, is already making adjustments to keep that budget in line. Mr. Shelley said the YMCA is ahead of their projections through May, in excess of over $97,000. The golf course report was discussed earlier in the meeting. The number of rounds is down. Wet weather has also affected them.   Expenses are trying to be maintained but still they are not able to keep on same level. Staff will pay particular attention to their operation over the next few months and make changes where needed.

 

Mr. Parker said the budget was discussed during a conference call yesterday. They were told their revised plans need to be revised even further. They need to be more in alignment of where they see this year's budget and not expecting an increase in next years in terms of total dollars. They can start with their own management team.

 

COMMUNITY DEVELOPMENT

 

15.       Second ReadingOrdinance No. 2010-13 – Annexation – Colony in the Wood Mobile Home Park

 

ORDINANCE NO. 2010-13

 

(Colony in the Wood)

 

 AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ANNEXING PROPERTY LOCATED AT 400 SOUTH CLYDE MORRIS BOULEVARD; BEING CONTIGUOUS TO THE CITY OF PORT ORANGE; REDEFINING BOUNDARIES OF THE CITY OF PORT ORANGE; ASSIGNING ANNEXED PROPERTY TO CITY COUNCIL DISTRICT 2; DIRECTING CITY CLERK TO PUBLISH NOTICE OF ANNEXATION AND TO PROVIDE COPY OF NOTICE TO VOLUSIA COUNTY COUNCIL; DIRECTING CITY CLERK TO FILE ORDINANCE WITH CLERK OF CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF VOLUSIA COUNTY AND DEPARTMENT OF STATE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to adopt Ordinance No. 2010-13 on second and final reading, subject to approval of the final language of the utility service agreement. Motion carried unanimously upon roll call vote.

 

16.       Second ReadingOrdinance No. 2010-14 – 10-1 Lange-Scale       Comprehensive Plan Amendment (Colony in the Wood)

 

ORDINANCE NO. 2010-14

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AMENDMENTS TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Ms. Roberts, City Attorney, requested any approval be subject to the annexation ordinance being finalized.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to adopt Ordinance No. 2010-14 on second and final reading, subject to the annexation ordinance being finalized. Motion carried unanimously upon roll call vote.

 

Vice Mayor Martin said if Amendment 4 was in force now this item would have to go to referendum.  Councilman Pohlmann pointed out this is a voluntary annexation.

 

17.       Second ReadingOrdinance No. 2010-16 – Adoption of 2009        International Property Maintenance Code with Local Amendments 1

 

ORDINANCE NO. 2010-16

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REPEALING SECTIONS 14-26 THROUGH 14-28; INCLUSIVE, OF THE CITY OF PORT ORANGE CODE OF ORDINANCES; RELATING TO THE UNSAFE BUILDING ABATEMENT CODE; ESTABLISHING THE CITY OF PORT ORANGE CODE OF ORDINANCES; CHAPTER 14, ARTICLE II, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING AMENDMENTS; REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES FOR PURPOSES OF PUBLIC SAFETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Planning Commission recommends approval.

 

Kerry Leuzinger, Building Official, was present to answer questions.  Discussion included permitting and what type is required by the City. He said they will make people aware of these items as much as possible. Mayor Green raised the issue of persons having to be certified to do demolition work as it relates to structures with lead paint.  Contractors need to be given the opportunity to become certified in this area. 

 

Wayne Clark, Community Development Director, said over 60% of the City’s dwelling units that were built pre 1978. In a later email to the City Manager he corrected that to state that through September 30, 2009, less than 40% of the City’s dwelling units were built before 1980.

 

Motion made by Councilman Pohlmann seconded by Vice Mayor Martin, to adopt Ordinance No. 2010-16 on second and final reading. Motion carried unanimously upon roll call vote.

 

18.       First ReadingOrdinance No. 2010-17 – Amending Chapters 2, 16, 17                 and 18 of the Land Development Code Relating to Green Roofs and           Community Gardens (continued to date certain of June 22, 2010)

 

Planning Commission recommends approval.

 

ORDINANCE NO. 2010-17

 

   AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTERS 2, 16, 17 AND 18; ESTABLISHING REGULATIONS FOR GREEN ROOFS AND COMMUNITY GARDENS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Penny Cruz, Principal Planner/Long-Range Planning, gave an overhead presentation.  This is an administrative request for approval to amend Chapters 2, 16, 17, and 18 of the Land Development Code (LDC), related to green roofs and community gardens.  If approved, the subject amendments will incorporate new definitions and establish requirements and incentives for green roofs and community gardens.

 

Discussion included some of the new definitions and requirements, the background of green roofs, benefits included and community gardens.  The amendment will enable non-residential and mixed-use developments that include a green roof to count the green roof area toward the required open space for the development. Community gardens would be a permitted use in all residential zoning districts, most commercial zoning districts, and in the GPU zoning district.  They would be permitted to account for up to 50% of the required common open space for a residential development.  This has been reviewed by VCARD and the Environmental Advisory Board with no objections. You would have to follow the Florida Building Code.  There would be ways to retrofit buildings but it would have to be certified. 

 

Councilman Steindoerfer questions if people in Port Orange would want to do this.  Ms. Cruz said the main goal is to not stand in their way if they do.  Vice Mayor Martin said her main concern is with weight. Ms. Cruz said you would have to meet the Florida Building Code. Councilman Kennedy said the weight load on any structure would definitely have to be considered. At the request of Councilman Pohlmann, Ms. Cruz explained how building height would work.  Mayor Green has a concern with possible rotting depending on materials used.

 

Phil Klema, Phil Klema, Azalea Point, said the University of Central Florida. has a green roof. He described the system they use and what works better than grass.    He asked about community gardens and how parking will be handled.  Ms. Cruz said the ordinance provides for a parking study being provided for each community parking area.  On site sale of products would not be allowed.  There are provisions to look at each request on a case by case basis.  Mayor Green asked if the City has any property that could be sectioned off to allow its use for classes that may be conducted by the University of Central Florida. Mr. Parker said yes. Bob Ford said he is concerned with the how open space may be affected and buffering. Ms. Cruz said staff has been looking at some communities that have a 3 to 1 ratio. The City of Port Orange has high standards regarding that and she cannot see a situation where you would loose all your open space. Staff feels a 1 to 1 ratio is appropriate for our community.  Mayor Green commented that design criteria will have to be monitored closely. Councilman Pohlmann asked staff if some one comes forth with a proposal to let Council know.

 

Motion made by Councilman Pohlmann, seconded by Vice Mayor Martin, to adopt Ordinance No. 2010-16 on first reading. Motion carried unanimously upon roll call vote.

 

19.       Resolution No. 10-43 – Fiscal Year 2010-2011 Community Development Block Grant (CDBG) Action Plan

 

RESOLUTION NO. 10-43

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL TO APPROVE THE COMMUNITY DEVELOPMENT BLOCK GRANT FY 2010-2011 ACTION PLAN; AUTHORIZING AND DIRECTING THE MAYOR AND CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Councilman Pohlmann asked if this will be a “hard” building. Mr. Parker said no, it cannot be used as a shelter. It will, however, have to meet windload requirements. Mayor Green asked that the building have a generator available to them in case of a major event.  He spoke about how before mobile home residents were unable to communicate with their loved ones to tell them they were okay during storms.  Vice Mayor Martin commented that is one area where the VIP’s really come in handy. Councilman Kennedy feels it is a great idea for the facility to have a generator.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-43. Motion carried unanimously upon roll call vote. 

 

PUBLIC SAFETY

 

20.       Presentation Regarding Feasibility of a Golf Cart Ordinance

 

Police Chief Monahan made a power point presentation regarding the requirements for operation of golf carts on City streets.  Discussion included the definition of a golf cart, per Florida Statutes, persons exempt from operating a golf cart and drivers license requirements, low speed vehicle definition and requirement for possession of a drivers license, vehicle registration and insurance, how a county or municipality may prohibit the operation of low-speed vehicles in the interest of safety, statutory requirements-golf carts, ordinances created under Section 316.212 F.S. and how city ordinances governing the use of golf carts may be more restrictive than State Statute, ordinance implementation considerations, Insurance Institute for Highway Safety and their thoughts and results of recent crash tests,

 

Some comments and concerns expressed by Council Members included age required for a drivers license, having lost your drivers license and still being allowed to operate the vehicle. A vehicle with seat belts, lights, turn signals, etc. has to have a license, be registered and be insured, crossing a road, restrictions that can be imposed by the City, Chief Monahan said a lot of work goes into the examination of streets and preparing an ordinance.  A qualifying engineer firm, in his opinion, should do any necessary studies. Signage is also a consideration.  Regarding inspections for mechanical conditions and other equipment compliance, who would be responsible for that?  There is also the liability issue and who would verify insurance. The City of South Daytona had a study done at a cost of $30,000 plus.

 

Mr. Parker said around 1997 a similar type of study was done. It was the recommendation of the Police Department and City Manager not to allow them.  The same safety concerns that still exist.  Chief Monahan said the County or State has to do a study regarding crossing certain road and either approve it or not.

 

Mayor Green commented can you not issue citations for persons making violations on bikes? Chief Monahan said yes.  Mayor Green does not see this being in the best interest of the community. Councilman Steindoerfer is not in favor of it. Vice Mayor Martin cannot see it working in Port Orange. There are too many small subdivisions and not that many areas where they could be driven.  Councilman Pohlmann does not support it.  would be driven.  There is a lot of new technology for battery operated vehicles. Mayor Green said they are driving them illegally in Venetian Bay.  Councilman Kennedy believes with the move toward green you will begin to see more initiatives like this.  He asked if FDOT has done anything on this.  Chief Monahan said no. State Statutes does allow subdivisions that are split by a county or state road to cross them. The consensus of Council was that they are not in favor of this.

 

ADMINISTRATION

 

21.       Second ReadingOrdinance No. 2010-15 – Amending Chapter 54,          Article III, Section 54-48 of the Code of Ordinances Relating to Voluntary          Member Contributions

 

ORDINANCE NO. 2010-15

 

 AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO GENERAL EMPLOYEES’ RETIREMENT SYSTEM; AMENDING ARTICLE 54, CODE OF ORDINANCES, CITY OF PORT ORANGE, AMENDING SECTION 54-48 RELATING TO CONTRIBUTIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Ms. Roberts, City Attorney, said this is to be amended to have an effective date of October 1, 2009 to tie into negotiations. Mr. Parker, City Manager, gave an overview of the matching contribution. Councilmen Pohlmann and Kennedy asked about costs. Mr. Parker said it is budgeted already and is very nominal.

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to adopt Ordinance No. 2010-15 on second and final reading amended as stated by the City Attorney. Motion carried unanimously upon roll call vote.

 

22.       First ReadingOrdinance No. 2010-18 – Amending Sections 74-216        through 74-223 of the Land Development Code Relating to Water       Conservation

 

ORDINANCE NO. 2010-18

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE CITY OF PORT ORANGE CODE OF ORDINANCES SECTION 74-216 THROUGH 74-223, INCLUSIVE, RELATING TO WATER CONSERVATION AND IRRIGATION; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; 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 THE APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Mr. Parker, City Manager, said to be eligible to apply for Cost-Share funds from the WMD for installation of FlexNet Water transmitters and Water Meters and education efforts, the City must adopt a Landscape Irrigation Ordinance that reflects the District’s promotion of resource conservation through new methods, technology and education efforts.  Mr. Parker said he and Ms. Roberts, City Attorney, feels the City’s existing Ordinance compliance but this one will be more specific.

 

Mr. Parker said homes that have a water to air unit may have a sticker placed on their home and be exempt.

 

Phil Klema asked if this covers private wells. Mr. Parker said yes.

 

Vice Mayor Martin has no problem with the Ordinance, however, feels there are other methods available that are better in determining the use of water and are more economical.  Mr. Parker said the WMD is looking at the enforcement side.  Mayor Green said you should be able to find a way to store water going into the river. Mr. Parker noted that Port Orange is the only City than can take any portion of its water and move it anywhere.  Reuse will come back as a separate ordinance.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve Ordinance No. 10-18 on first reading. Motion carried unanimously upon roll call vote.

 

23.       Resolution No. 10-44 – St. Johns River Water Management District             Water Conservation Cost-Share Grant Application – Installation of Water   Meters and FlexNet Devices in the Older Sections of the City of Port     Orange

 

RESOLUTION NO. 10-44

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO SUBMIT AN APPLICATION FOR FINANCIAL ASSISTANCE TO THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; WATER CONSERVATION COST-SHARE PROGRAM FOR THE INSTALLATION OF WATER METERS AND FLEXNET DEVICES AT 700 HOMES TO INCREASE WATER CONSERVATION EFFORTS; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AGREEMENTS OR CONTRACTS; PROVIDING FOR MATCHING FUND CONTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Ted Noftall asked about costs and has this been budgeted already. Mr. Parker said the City will be focusing in older areas where we have breakages. One benefit of this type of reading is it will allow the City to identify broken water lines or unusual use coming in and they can intervene early to reduce usage and help customers control their bill. Mayor Green said some cost savings is with vehicles too. Mr. Parker will come back with a report regarding where these have already been installed. The cost each is about $240.  Mayor Green asked if the City is still selling meters back. Mr. Parker said it depends on their age.

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to adopt Resolution No. 10-44. Motion carried unanimously upon roll call vote.

 

24.       Resolution No. 10-45 – Authorizing the Dredging and Restoration of the B-          23 Canal and Removal of Certain Structures

 

RESOLUTION NO. 10-45

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE DREDGING AND RESTORATION OF A PORTION OF THE B-23 CANAL, REQUIRING THE REMOVAL OF ALL STRUCTURES THAT WOULD DELAY THE DREDGING PROJECT; AND PROVIDING AN EFFECTIVE DATE.

 

Shannon Lewis, Assistant City Manager, updated Council regarding the dredging and restoration of the B-23 Canal and removal of structures.  Discussion of the project included timing and economics of doing it now. In December Council authorized staff to move forward with Indemnity Agreements. They started with 33 and are now down to 32.  Waivers have been received from all but four property owners.  Signatures are still being sought on a couple.  Three are in trust.  Backup material provided only includes those that releases have been received on. They have agreed to hold the City harmless and gave permission to access property only if  they have a structure that falls into the canal and impedes the contractor. They will have to be given sufficient notice and time to remove the structure. There is one property that has been sold. Staff is working with them.  There are three that do not want to participate and have signed statements to that effect. They are on the northern end of the canal in the same proximity. They are now looking at less than full dredge of the canal with a 15 foot buffer around properties. They may have to back off cubic yardage more but will adjust to this in the field. They will stick to a 15 foot buffer around those that will not provide releases. Ms. Lewis described under what conditions the contractor will work with the City. They are looking at beginning dredging in August. Following further discussion, Council agreed they have to work with what authorizations they have been provided.  Councilman Pohlmann asked if the three property owners who do not agree are further up. Ms. Lewis said one is and the other two are near the Causeway.  She understands their concerns.  They are trying to find a template to provide them with assurance that their property is protected.

Shailesh Patel, DMC, spoke regarding those locations and why they feel comfortable that the material will not move that much. They feel with a buffer they should be able to move much of the muck in that area.

 

Councilman Pohlmann asked how many private structures will come down. Mr. Lewis said there are seven properties with structures on City land. They were sent a separate letter. None of the structures have been removed. She feels they have been waiting to see what Council would do. This Resolution will provide a means to get rid of them. Councilman Steindoerfer is not much in favor of dredging beyond the Main Street bridge. Mr. Parker said some conditions have changed over the years.  The B-23 is no longer a free flowing canal at that location.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-45.  Motion carried unanimously upon roll call vote.

 

25.       Police Forfeiture Trust Account

 

Police Chief Monahan requested authorization to use the $10,000 from  the police forfeiture trust fund as a reward for information leading to the whereabouts of Laurel Rogers. Ms. Rogers is a Port Orange resident and has been missing since February 1, 2010.  This is outside the norm; however, Florida Statute 932.7055 does allow it.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve the use of $10,000 from the police forfeiture trust as a reward for information leading to the whereabouts of Laurel Rogers. Motion carried unanimously upon roll call vote.

 

COUNCIL COMMENTS

 

26.       Comments/Concerns from Council Members

 

Councilman Kennedy has received calls from citizens regarding the condition of the retention pond on Wishing Well Drive.  Mr. Parker will check and see who is responsible for the pond. Councilman Kennedy commented on phone calls he is getting from an 84 year old man regarding a $700 plus water bill. Reportedly the City installed a pipe that broke.  Councilman Pohlmann spoke regarding pool safety and young children.  He asked if there might be any type of program the YMCA could provide free. Vice Mayor Martin spoke regarding complaints at U.S. 1.  A lot of asphalt has dropped off of trucks and it is making the roadway rough.    Mr. Parker said that is a FDOT issue. It is probably coming off of their project. Vice Mayor Martin said pontoon boat rides are now being given on Spruce Creek and breakfast is available at Cracker Creek on weekends. You can also rent a canoe or kayak. Councilman Steindoerfer asked the status of a broken tree branch he reported on previously. Mr. Parker said it is not the City’s responsibility.  Code found two live branches. FP&l when they trimmed they left one branch toward Nova and one to the property.

 

27.       City Council Committee Reports

 

a.         City Investment Committee

 

No meeting. 

 

b.         Metropolitan Planning Organization (MPO)

 

Vice Mayor Martin said they met today and heard a report on where they stand regarding the long-range transportation plan.  I-95 and Pioneer Trail was brought up. While there is general support there is no funding.  It will not be put in the plan itself but the plan can be changed.  There is a new program with FDOT and the commuter assistant program.  They are rethinking single occupancy mass transit or car pooling and sharing rides.  Eighty percent of Floridians drive to work alone each day. They also talked about trail systems.

 

c.         Library Advisory Board

 

Did not meet.

 

d.         Municipal Firefighters Pension Board

 

Did not meet.

 

e.         Municipal Police Officers Retirement Trust

 

Discussed earlier in the meeting. 

 

f.          General Employees Retirement Trust

 

Councilman Steindoerfer said the market has been rough lately, but for the year they are doing okay.

 

g.         YMCA

 

Councilman Pohlmann said they are performing fairly consistent. They are reinvesting in some areas with new wood flooring and carpeting. In July they will come out with a new logo. Mayor Green asked if there is any consideration to expanding west of the Interstate. Mr. Parker has a meeting with YMCA representatives next week and will ask that question.

 

h.         Volusia Council of Government (VCOG)

 

Mayor Green said they will meet next month. 

 

i.          Volusia League of Cities

 

Will meet in July.

 

j.          ArtHaus

 

Councilman Steindoerfer reported their summer classes are nearly full. 

 

k.         Port Orange/South Daytona Chamber of Commerce

 

No report.

 

l.          Golf Course Board of Directors

 

Mayor Green said they met earlier.

 

m.        Communications Interlocal Agency (CIA)

 

No report.

 

ADJOURNMENT: 9:40 P.M.

 

 

 

                                                                                    _____________________

                                                                                    Mayor Allen Green

 

Attest:

 

 

 

_____________________________

Kenneth W. Parker, City Manager