REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL
JULY 20, 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
Candidates running for political office who were present introduced themselves and stated what office they are running for. Mayor Green encouraged citizens to get to know the candidates and get their family members involved.
SPECIAL RECOGNITION AND PROCLAMATIONS
4. Recognition of Youth Achievement Award Winners
Shannon Lewis, Assistant City Manager, said the Program was developed to recognize young individuals who make a significant contribution to the welfare of the community. There were seven persons nominated and a selection committee reviewed materials submitted. All of the applicants were exceptional and showed a lot of creativity and leadership. The committee selected Roshan Patel as the 2010 Youth Achievement Award Winner for his community, volunteerism, leadership and accomplishments. Special recognition went to two others, Cheyenne Conrad and Adele Pietras. Mr. Patel was presented with an Ipod and plaque. Mr. Patel said he was honored and humbled. He thanked his parents and teachers who recommended him.
CITIZEN PARTICIPATION (Agenda)
Mr. Parker said that item is being removed from the Agenda and continued to the 27th.
6. Presentation from Daytona Dirt Riders Association
Mike Ulrich, Assistant Director of Public Utilities, said each year the Daytona Dirt Riders Association holds the Alligator Enduro motorcycle event on City Wellfield property during Bike Week. A portion of their proceeds is given to a charitable organization. Mr. Ulrich introduced Steve Pettenger of the organization who presented a check to Bob Frazier of the Port Orange Police Athletic Association for $1,500. The Dirt Riders Association was presented with a plaque.
7. Request for Reduction of Lien –
Mr. Parker said the representative of Kondaur Capital Corporation emailed and said due to an injury she was unable to attend. She asked that the item be rescheduled.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
He has spoken to Mayor Green
regarding 100 foot frontage on
8. Approval of Minutes:
a. May 4, 2010 – Regular City Council Meeting
b. May 18, 2010 – Special City Council Meeting
c. May 18, 2010 – Regular City Council Meeting
d. May 25, 2010 – Special City Council Meeting
e. May 25, 2010 – Regular City Council Meeting
f. June 1, 2010 – Special City Council Meeting
9. Update on Construction Projects
10. Update on Recreational Facilities
11. Road Construction Report
12. Administrative Code Change
13. National Night Out Against Crime
14. Approval to Start Negotiations with Port Orange POP Warner Football and Cheer Association for Joint Partnership to Construct a Football Field at Coraci Park Sports Complex
15. Addendum No. 1 to Contract with Information Access Systems, Inc. for an Electronic Document Management System
16. Amendment to the Ground Lease for Signs with the Lamar Company, LLC (Lease No. 290-01)
17. Amendment to the Ground Lease for Signs with the Lamar Company, LLC (Lease No. 305-01)
18. Cooperative Economic Development Agreement with Team Volusia Economic Development Corporation
19. Contract Extension – “Piggyback”
20. Building Activity Report and Monthly Development Activity Report for May and June 2010
21. Victims of Crime Act (VOCA) Grant
22. Revalidation for “Piggyback” of City of
Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to approve Agenda Item Nos. 8-21, less Nos. 11, 14, 18 and 21. Motion carried unanimously by voice vote.
11. Road Construction Report
Mayor Green said South Williamson is coming to a closure. He asked about penalties and do we still have inspections and will the City get any of that money. Mr. Parker will follow up on that. He said County staff has worked hard trying to get the work completed.
Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve Agenda Item No. 11. Motion carried unanimously by voice vote.
14. Approval to Start Negotiations with
Mr. Parker said a letter of interest has been received. Mayor Green said the City needs to be careful of what it commits to financially and any maintenance responsibility. Mr. Parker said Port Orange POP Warner is thinking that too.
18. Cooperative Economic Development Agreement with Team Volusia Economic Development Corporation
Margaret Roberts, City Attorney, passed out an amended page 1 that changes the funding figure. She asked that any approval be conditioned upon assignment approved the City Attorney and City Manager. The $17,183 figure represents 3 quarterly payments, one of which had already been made before TEAM Volusia formed. Mayor Green asked for a recap of costs expended.
Motion made by Councilman Pohlmann, seconded by Councilman Kennedy, to approve the Cooperative Economic Development Agreement with TEAM Volusia for Economic Development Assistance, conditioned upon assignment as outlined by the City Attorney. Motion carried unanimously upon roll call vote.
21. Victims of Crime Act (VOCA) Grant
Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve the Victims of Crime Act (VOCA) Grant. Motion carried unanimously by voice vote.
Regular City Council Meeting Minutes
July 20, 2010
23. Resolution No. 10-46 – Budget Appropriations
RESOLUTION NO. 10-46
A RESOLUTION OF THE CITY OF
Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-46. Motion carried unanimously upon roll call vote.
Planning Commission recommends approval.
24. Second Reading – Ordinance No. 2010-17 – Amending Chapters 2, 16, 17 and 18 of the Land Development Code Relating to Green Roofs and Community Gardens
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.
Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Ordinance No. 2010-17 on second and final reading. Motion carried unanimously upon roll call vote.
25. Special Exception – Chris Hawkins Creations, Inc. –
Planning Commission recommends approval.
Gwen Perney, Planner, gave the staff overview. This is a request for approval of a Special Exception request under Chapter 17, Section 25(c)(10) and Chapter 18, Section 3(b)(20) of the City’s Land Development Code. If the special exception request is approved, Chris Hawkins, applicant, is proposing to operate a tattoo parlor in the “RD” (Ridgewood Development) zoning district.
Staff recommends approval.
Chris Hawkins, applicant, stated
that the majority of the tenant space would be dedicated to the custom design
business, but a portion of the space would be used for tattooing. The applicant has been a
Ms. Perney said that tattoo
parlors are permitted in the “RD” zoning district through a special exception
said there is already a tattoo parlor on
Chris Hawkins introduced himself. He has lived here all his life and has been a custom artist all his life. He wants to open an upscale place. Councilman Pohlmann said a lot of young people want tattoos. Mr. Hawkins said with consent they can get them at age 17, but prefers not to.
Motion made by Vice Chairman Martin, seconded by Councilman Kennedy, to approve the Special Exception for Chris Hawkins Creations Inc. to allow a tattoo parlor in the “RD” (Ridgewood Development) zoning district, as recommended by the Planning Commission. Motion carried 4-1 upon roll call vote, with Mayor Green voting no.
26. Code Enforcement Case
Mr. Parker said this is a request from staff that Council grant authorization for staff to initiate civil litigation against GMAC Mortgage, LLC, current property owner, if the Code Enforcement Order has not been complied with by July 18, 2010.
Scott Allman, Code Compliance
Inspector, said that as of today the only items left to be done are fumigation
and sanitizing. Mayor Green said he has
been told what was found inside the residences. He asked if staff can find a
way to compress the time for getting the property cleaned up. Mr. Parker said
this is a foreclosure. Ms. Roberts, City Attorney, said this case moved as fast
as any code enforcement case she has seen.
She described what had happened before code enforcement got
involved. Code took emergency action to
get their orders initiated and when GMAC took title they took action against
them too. Mr. Parker gave an overview of
the code enforcement process. Ms. Roberts said the issue has been access. In
this case the City needed to go inside the property. Mayor Green said he was
told the doors were open and anyone could go in. Mr. Allman said that is not
the case to his knowledge. Wayne Clark,
Community Development Director, said that Dena Joseph, Code Compliance
Inspector, was the case worker on this case. He described under what
circumstances the City found out about the property. The case moved forward to code enforcement
within a week. He explained what has taken place since the case was first heard
on June 2, 2010. GMAC knows they are required to deal with the property and
complete the cleanup. The neighbors are happier than they were but not totally
satisfied yes. Staff is trying to come up with ways to deal with high grass
quicker. Councilman Pohlmann said there
should be a way to declare an emergency to get inside such a property and deal
with paperwork later. Mr. Allman said with the new ordinance there is a way to
deal with safety issues quicker, depending on the situation. Councilman
Pohlmann commented on a garage door at a house on
Motion made by Vice
Chairman Martin, seconded by Councilman Pohlmann, to authorize the City
Attorney to initiate civil litigation against GMAC Mortgage, LLC, current
property owner of
27. Resolution No. 10-47 – Contract for
RESOLUTION NO. 10-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING A CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY GENERALLY LOCATED AT 538 DAGWOOD CIRCLE IN THE DAGWOOD ACRES SUBDIVISION FOR THE DUNLAWTON AVENUE/SPRUCE CREEK ROAD DRAINAGE PROJECT; AUTHORIZING EXECUTION OF SAID CONTRACT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CLOSING DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
Mr. Parker, City Manager, opened
discussion by asking Linda Johnson, City Right of Way Agent, a series of
questions. The questions apply to all
three appraisal items. All are for
market value. Ms. Johnson defined market
value. There are extraordinary or limiting conditions regarding Dagwood and
Roger Smith, Public Utilities
Director, said that Andrew Giannini, Quentin Hampton, has represented we would
be able to leave one lane open in both directions. One intention is to harvest
water and send it to the reclaim water reservoir to send to our western
neighbors. Mayor Green said the property is not just for flooding but other
uses too. Councilman Pohlmann said he toured the property and feels the
location is ideal. He commented on whether there is a difference in the market
value as opposed to an appraised value. Ms. Johnson said appraisers will determine
a value. They have provided a market value. This can be done for various
reasons. One of those before them is a market value which can be a range. These properties are fair values in her
opinion. Councilman Kennedy commented it is a gamble. Councilman Pohlmann asked
was $800,000 not put aside last year for this acquisition. Mr. Parker said yes. Vice Mayor Martin agreed that the parcels are
needed. Councilman Steindoerfer said it
Bob Ford said it is a good project but questions the timing considering budget issues. He suggested the City should stop buying land for a couple of years and get through this bad fiscal time. No projects other than those totally necessary should be pursued.
renewed his objection to city acquiring land in this area. He said the story
keeps changing. The only way to keep from flooding is to raise the roadbed. You will not solve the
Carol Stewart said she has been a realtor for several years. She agrees that the market value is what a buyer will pay. The City should be making an offer. The City is not desperate for land. She suggested they be stronger in their negotiations.
John Junco said recent emails indicate the City has been bailed out by the Utility Department because they make so much money. He asked if there are any projections regarding what revenues property could produce longterm. Mr. Parker explained the different approaches that could be taken regarding stormwater and it being sold in a wholesale manner. He spoke regarding the WMD involvement and what they are trying to have people do. He spoke regarding the difference in soils and ability to recharge on the west side being a little bit better and how that could help us on some days.
Mike Arminio believes this is one of the land acquisitions that the City needs to be looking at. He asked Ms. Roberts, City Attorney, if the City takes no action and there is flooding in this area again, is the City legally responsible. Ms. Roberts said no.
Mayor Green said it is difficult to pay this amount of money. The problem is how community has been networked together and longterm resolutions. Concept is to assist everybody and everybody pays their share. Councilman Pohlmann asked was there negotiations. Ms. Johnson said yes. The City has been speaking to the property owner since last Sept.
Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-47. Motion carried unanimously upon roll call vote.
28. Resolution No. 10-48 – Contract for
RESOLUTION NO. 10-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING A CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY GENERALLY LOCATED AT 542 RUTH STREET IN THE DAGWOOD ACRES SUBDIVISION FOR THE DUNLAWTON AVENUE/SPRUCE CREEK ROAD DRAINAGE PROJECT; AUTHORIZING EXECUTION OF SAID CONTRACT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CLOSING DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to adopt Resolution No. 10-48. Motion carried unanimously upon roll call vote.
Councilman Steindoerfer said he feels sorry for those who try to keep their property up and they get flooded. Councilman Pohlmann agreed. He said the homes in this area are very well kept. He does not like the price of the property but feels if the City has the opportunity to purchase it they should. Councilman Kennedy commented it is a part of the continuation project. Mayor Green commented if you raised the road it would compound the flooding on both sides of the road.
29. Resolution No. 10-49 – Contract for
RESOLUTION NO. 10-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
SINGLE-FAMILY RESIDENTIAL BUILDING LOTS IN THE DAGWOOD ACRES SUBDIVISION FOR THE DUNLAWTON AVENUE/SPRUCE CREEK ROAD DRAINAGE PROJECT; AUTHORIZING EXECUTION OF SAID CONTRACT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CLOSING DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
Councilman Kennedy said this project needs to get done. Councilman Pohlmann was interested in the history of the property. Pat Dagley, 530 Powers, gave an overview of her knowledge of the history of the property. Ms. Roberts referenced an email regarding the appraisal value. Ms. Johnson said the appraisal addresses the platted residential lots in an area that have no road or utilities constructed. Placing a value of 9 lots at $24,000 would be $216,000. From there the appraiser goes into reconciliation and monies deducted for roads to be built, etc.
Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-49. Motion carried unanimously upon roll call vote.
30. Second Reading – Ordinance No. 2010-18 – Amending Sections 74-216 through 74-223 of the Land Development Code Relating to Water Conservation
Mr. Parker said the WMD has suggested some changes and he is requesting this item be withdrawn. Consensus of the City Council was to withdraw second reading of Ordinance No. 2010-18.
31. Resolution No. 10-50 – Right-of-Way Transfer to FDOT
for SR 421/Dunlawton Avenue Turn
RESOLUTION NO. 10-50
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF
CLAIM DEED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) OF REAL PROPERTY CONSISTING OF 5,414 SQUARE FEET (0.124 ACRES) AS ADDITIONAL RIGHT-OF-WAY FOR CONSTRUCTION OF A SOUTHBOUND TURN LANE FROM SR 421 ONTO SPRUCE CREEK ROAD; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CLOSING DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
Donna Steinebach, Assistant to
the City Manager, pointed out the location as being the intersection of
Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to adopt Resolution No. 10-50. Motion carried unanimously upon roll call vote.
32. Resolution No. 10-51 – Early Retirement Option
RESOLUTION NO. 10-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ESTABLISHING AND APPROVING AN EARLY RETIREMENT/SEPARATION PROGRAM; ESTABLISHING ONE (1) RETIREMENT SEPARATION DATE; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Mr. Parker said there are actually two options for Council to consider. The first one is where they identified which employees meet certain criteria. There are about 40 persons who meet that criteria. Council gave permission to have discussion with employees to see which ones were interested. There are sixteen who have indicated an interest. On the dais there is a list of individuals and what they wish. If approved, this would free up some positions and some would be filled at a lower value rate. There is a provision that any position refilled could not be any higher of the less than 30% of current value. This is what some other cities have done. Mr. Parker went through an analysis of what the cost is in the initial year if Council grants the early retirement option. Even though interest has been expressed until the employees sign an agreement it is not binding by the employee or the City. The dollar information is an estimate and based upon what they signed but may not be exactly what would occur. There are two resolutions. One is if Council agrees to the program and offers a retirement date of September 30th. That is where you would realize the most reduction going forward in the budget. The second resolution is the one used three years ago when early retirement was offered. That one gives other retirement date options of December 31, March 31, and June 30. There is at least one employee that next September 30 would also be included. John Shelley and his staff did the preparation of information on the dais. The resolution establishes level of years of service regarding a severance portion. Mr. Parker gave an overview of the severance program. There is also discussion of one year health insurance benefit and accrual of sick and vacation time payouts. Mr. Parker said with a potential offering of September 30 there is an indication of about 12 persons interested. With all accruals that would occur that would be $478,000 across the board. Actual paybacks are about 2 years and that is assuming all positions being vacated would have to be refilled. In some cases they would not all have to be refilled. If you do a phased in approach that increases about $140,000, if after Sept. 30th.
Mayor Green said if you take the economics into account any restructuring with the phased approach is better. It allows the employee some flexibility and the City would not loose several employees at one time. Councilman Steindoerfer commented the City would be loosing some valuable employees. Some may have to be replaced with two because of the retiring employee’s knowledge. He feels many will retire anyway and they do not need an incentive. He does not believe the City can recoup the monies in two years. Vice Mayor Martin does not think two people will have to replace one. She agrees with Mayor Green that it would be hard on the City for all the employees to leave at one time. Mayor Green said there are some employees that cannot be replaced because of their knowledge of the City and its system. There will have to be some re-education. You cannot replace some, and there will have to be re-education. Councilman Pohlmann said the accrual payouts will be paid out anyway. He asked if this will be offered again next year. Mr. Parker said Council has not authorized that.
Councilman Pohlmann said it may be wise to offer it every two years. Councilman Kennedy asked about a policy regarding employees who have retired returning to work for the City as a City employee. Mr. Parker said that is not allowed. The comment regarding phasing is true. There was the time when the City lost a lot of people and all in one day and it was horrible for several months. If the City can phase out so you do not loose so many at one time it will make a difference. In some cases it may be good to bring back some retirees for part time work because of their knowledge as temporary fill ins. Mayor Green agreed. He asked that staff make sure there is some way you could do that if you wanted or needed to. Vice Mayor Martin suggested it could be done on a contract basis, but you would not want them to come in and be put in another pension plan. Mr. Parker said what he is hearing is that they could come back but not as an employee but through some other mechanism. The City has those persons that work for Daytona Employment Agency and do work for the City. Councilman Pohlmann asked if you are in DROP are you not excluded from participating in. Mr. Parker said yes. Mayor Green read the proposed phased resolution, Option 2.
RESOLUTION NO. 10-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ESTABLISHING AND APPROVING AN EARLY RETIREMENT/SEPARATION PROGRAM; ESTABLISHING FOUR (4) RETIREMENT/SEPARATION DATE; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-51. Motion carried 4 – 1 upon roll call vote, with Councilman Steindoerfer voting no.
George Travato, County Council Candidate, said this is a big decision. One way of resolving transition is giving them a notice requirement. Mayor Green and Mr. Parker said that is in the document.
33. Discussion – Fireworks
Mr. Parker discussed with Council a different option for the City’s annual fireworks display. It is not believed that Family Days is a viable option because of the safe zone that has to exist. There are logistical issues. It appears the next best date will be the next 4th of July. There are no administrative fees being charged by Santore. Mr. Parker gave an overview of the source of the $18,000 allocated for the fireworks show. The City spends about $18,000-$20,000. Mayor Green suggested the City go back and express what the program is for and maybe get some contributions.
34. Discussion - Ambulance transport
Mr. Parker said there has been
recent discussion at the County Council level and the Chairman has asked each
city to indicate their interest in doing some type of transport service to
advise them. It could include full
transport to contingency transport. The City of
35. Comments/Concerns from Council Members
Councilman Kennedy commented that
Saturday is the annual budget meeting. He asked that citizens attend.
Councilman Pohlmann said there is the potential for organizational changes and
asked will that be discussed. Mr. Parker
said Council can discuss that. Mayor Green said Council needs to decide what the
millage rate will be. They cannot go up once it is set but they can reduce it.
He talked about changing the quality of service and economics. Mr. Parker spoke regarding Votran and them
loosing their transport point at
ADJOURNMENT: 9:45 P.M.
Mayor Allen Green
Kenneth W. Parker, City Manager