REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL
JUNE 22, 2010
THE REGULAR CITY COUNCIL MEETING of the City of
Pledge of Allegiance
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
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
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)
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
8. Extension of Continuing Surveying Services Contracts
9. Voting Delegate –
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.
12. Resolution No. 10-41 – Utility Service Agreement –
Colony in the Wood
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.
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.
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.
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.
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.
questions if people in
Phil Klema, Phil Klema, Azalea
Point, said the
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.
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
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
21. Second Reading – Ordinance 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 Reading – Ordinance 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
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
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
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
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.
26. Comments/Concerns from Council Members
Councilman Kennedy has received
calls from citizens regarding the condition of the retention pond on
27. City Council Committee Reports
a. City Investment Committee
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.
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.
Councilman Steindoerfer reported their summer classes are nearly full.
k. Port Orange/South Daytona Chamber of Commerce
l. Golf Course Board of Directors
Mayor Green said they met earlier.
m. Communications Interlocal Agency (CIA)
ADJOURNMENT: 9:40 P.M.
Mayor Allen Green
Kenneth W. Parker, City Manager