REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS - CITY HALL

1000 CITY CENTER CIRCLE

JULY 20, 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

 

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)

 

5.         Port Orange Family Days Community Trust Presentation

 

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 Lien724 Nixon Lane

 

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)

 

Jack McVeigh, 5431 Anna Court, spoke regarding the City’s budget. He gave an overview of his background and why he moved to Port Orange to retire.  Originally he saw how meticulous the City was, but now does not see that in the way roadways and landscaping are maintained. He feels the City needs to take over from their contractors and mow medians or get after the County.  He has called County and been told they have gone to 4 mowings a year on roads they are responsible for.  That will not work. Mr. McVeigh commented on the property at  Madeline and Williamson, an unfinished church. That is a gateway to Port Orange and has been an eyesore since he has been here.  He suggested the City get Planning and Development and Economic Development involved in marketing the parcel.

 

Ted Noftall, Chickadee Drive, asked how the City Council comes to their decisions. They so frequently vote 5-0. He asked if Council could have a discussion tonight on the unfunded pension liability, bonding, special tax, etc. He disagrees with what is proposed. He asked where the City Council stands on a proposed contract with the Sheriff’s Department. Is it their intent that the contract be so saddled such that any proposal would not be equal to or be higher than the current police budget. Mayor Green said that item cannot be discussed now.  It is the responsibility of this Council to look at all alternatives. Spreadsheets are needed for comparison purposes. The unfunded pension issue is just a beginning discussion. Mr. Parker said there is a workshop session the first week  in August with the Sheriff.  He will come and discuss this with the Council on exactly how he sees providing service, the right number of people, etc. Mr. Noftall asked why it is not appropriate to have citizen observation when meeting with the Sheriff.  Mayor Green said it is primarily a fact finding session.

 

Eric Gill, 4393 Ridgewood Avenue, spoke regarding a Veterans Memorial.

 

He has spoken to Mayor Green regarding 100 foot frontage on Dunlawton Avenue near Sugar Mill Apartments that would be valuable to some one who develops it. His view of its use has changed.  He suggested a bronze statute for Veterans of the Iraq War. Mr. Gill said there is a filmmaker who is in the process of doing a documentary of what took place in this community over time.  Mayor Green said the property is part of an old subdivision that was never built, and there is a smaller parcel on the south side of Dunlawton Avenue that could be used for drainage.  This needs to be made an Agenda item. Mr. Gill has some great ideas of how to put this together. Mr. Gill introduced the Chris Hoch, film maker from Ormond Beach, who was in attendance.  Mr. Hock said he has seen the benefits of the Mayor’s work over the years and how very low key some things have been kept but how important they are. Mayor Green said it is an emotional issue and more people need to be honored.

 

CONSENT AGENDA

 

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” Volusia County School Board Office      Products

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 Orlando Bid #B109-2539 for Pump             and Motor Repair Services Awarded to Stewarts Electric Motor Works,

            Inc.

 

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 Port Orange POP Warner Football and            Cheer Association for Joint Partnership to Construct a Football Field at      Coraci Park Sports Complex

 

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

 

Ted Noftall, Chickadee Drive, asked where the $53,882 comes from.  Police Chief Monahan said they are federal funds and are distributed through the State Attorney’s Office.  Mr. Noftall asked how this gets to be a City responsibility and how the victims are picked. Chief Monahan explained the program is about assisting victims for issues such as health, domestic batteries, notifying next of kin, etc.  He described how staff administers the program. It relates to any victim of crime. They are directed where to go to get help needed.  Mr. Parker said when the City went for grants many years ago they viewed it as working hand in hand with patrol officers and detectives coming together as a team.  This puts some professionally trained people in to help situations. Chief Monahan explained what a Victim Advocate does. The program has received numerous awards.    The Department has been awarded $53,881 for the 2010/2011 funding cycle. The City’s match will be $13,470.

 

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

Page 6

 

FINANCE

 

23.       Resolution No. 10-46 – Budget Appropriations

 

RESOLUTION NO. 10-46

 

 A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-46.  Motion carried unanimously upon roll call vote.

COMMUNITY DEVELOPMENT

 

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. – 5521 South Ridge     Avenue, Unit No. 5

 

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 Port Orange resident for 15 years and worked for a local business doing design work for 15 years.  He would now like to operate his own business, however, due to zoning restrictions in the LDC, he would not be able to operate the type of business he would like without a special exception being granted.

 

Ms. Perney said that tattoo parlors are permitted in the “RD” zoning district through a special exception in the Ridgewood Business Center.  It has two buildings with five tenant spaces. If the Special Exception is approved, no further site improvements will be needed to bring the property into compliance.  All the LDC requirements have been previously met. The subject property is surrounded by fencing along the sides and rear.  The commercial properties on either side have a combination of chain link and aluminum fencing.  The lot lines abutting the residential properties at the ear have opaque fencing. There is also a great deal of landscaping that screens the visibility of the commercial buildings.  The unit the applicant is proposing to use is located in the building closest to Ridgewood Avenue. Other discussion included accessing the site, fencing, parking spaces, and a common service drive. The site was developed with a landscaping buffer in accordance with the LDC.

 

Councilman Steindoerfer said there is already a tattoo parlor on Ridgewood Avenue.  Ms. Perney said there are two in the area, about ¾ of a mile up the road.  The site meets code requirement for separation. Mayor Green asked how many units are there. Ms. Perney said 10. Mayor Green asked if other tenants spoke at the Planning Commission Meeting. Ms. Perney said no. Vice Mayor Martin said she has no problem with the request with the conditions. She is  familiar with the area. There is the front building and storage units behind it and no families, etc. Councilman Pohlmann asked if anyone is there now. Ms. Perney said it is vacant. Councilman Pohlmann asked about health inspections. Ms. Perney said that will go through the County and State and Business Tax Division will go through the City. Councilman Kennedy has no objection. He is intrigued with the proposed business. It sounds as if the applicant is more of an art dealer and tattoos are done on an on call basis and it will not be a walk-in type business. He wants to make sure it is well run as far as sterilization.   

 

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.

 

Tom Jordan, 5683 Riverside Drive, urged Council to deny the request.  He believes in property rights, however, this is a request for a special exception and he questions how it all fits together. People in the community have worked hard to try and improve the district. Recently there has been a lot of good business development in the area and a lot of private development. He does not feel this fits the area.   

 

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 No. 10-0301 – 4679 Chardonnay Drive

 

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 Spruce Creek Road that has been hanging.  Mr. Allman said the City can now board the property up.

 

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 4679 Chardonnay Drive, Port Orange, if the Order of the Code Enforcement Board, to clean and secure the property, has not been complied with by July 18, 2010. Motion carried unanimously upon roll call vote.

 

    PUBLIC UTILITIES

 

27.       Resolution No. 10-47 – Contract for Sale and Purchase of Real Property   for Drainage Improvements – Strasser – 538 Dagwood Circle

 

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 Ruth Street. There are always standard assumptions what appraisal references, i.e., environmental conditions appraiser may not be aware of. They have to assume that those conditions are not going to exist and be contrary to the value of the land.  Mayor Green said the question often gets asked why the City is spending the money. There is a State Road in our community that gets flooded and the City has to try to rectify that. It is unfair.  You get an appraisal and the question comes up is it needed. The answer is yes. He asked about capacity for this property and a preliminary design.  Warren Pike, Public Works Director, said you will get some storage. How much will not be known until there is an event to test it. The question is asked is it a big benefit. Mr. Warren said he has seen the roads wiped out 4 times while employed.  There is some capacity to hold water.  Councilman Pohlmann said using the May 2009 flooding as an example, how would it help if we owned the property and build retention. Mr. Pike said it would keep one lane open, but it also depends on conditions.

 

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 is a State Road. Is there any chance of recovering any of the money.  Mr. Parker said there is always the chance.  Staff has met with their Legislative Representatives regarding this. Councilman Kennedy commented the entire thing is being put together as a system. There are many opportunities in the area.  The City is flooding the bill for something causing problems that are a State road. The City has stepped up and done the right thing. Councilman Pohlmann said this could potentially be one of the few areas left in Port Orange that has major drainage issues. This is a community effort and the City needs to do the right thing.  Vice Mayor Martin said it is a project that is much needed.  The area was devastated in 2009. This can solve some of the problems. Market value and appraised value are usually two different things. Councilman Steindoerfer said it upsets him that it is a State road.    The State reportedly was going to assist and the money allocated until it was pulled at the last minute. It upsets him that we do not have State Legislators that  will step forward and demand it be taken care of by the State. Mr. Parker said there is always the possibility the City can get some reimbursement.  Staff has met with Tallahassee representatives and the project is still being pushed. It is important to the State Highway System to keep it open.  It is a major evacuation route. He commented on how the money was pulled back and our State Legislators did not know it. Mayor Green commented on how the road had to be closed. You could have had major road failure had it remained open because of the water and you continued to have traffic in that area. He commented on how the State had to approve reopening of the road. Following that event the City went around area and identified properties they thought would be of a benefit. Mr. Parker explained how a project can be moved forward more quickly if you have property if you are using Federal dollars. Their standards are different.

 

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.

 

Ted Noftall 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 Dunlawton Avenue issue. Then, he said the story flips to a   mining business. That is not what the City needs to do.  The lady’s home is not a City issue.  He was here a while back regarding the purchase of other property and he was scolded. He asked about a fair market value and the story then changed.  He said what he thinks the market value is. Mr. Noftall objects to spending money at this time.

 

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 Sale and Purchase of Real Property   for Drainage Improvements – (Strasser – 542 Ruth Street)

 

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 Sale and Purchase of Real Property   for Drainage Improvements – Dagley

 

RESOLUTION NO. 10-49

 

 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 CONSISTING OF NINE VACANT

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.

 

ADMINISTRATION

 

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 Lane at Spruce Creek Road

 

RESOLUTION NO. 10-50

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, FLORIDA, APPROVING THE TRANSFER OF LAND BY QUIT

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 Spruce Creek Road and Dunlawton Avenue. She explained the transfer. The property is part of the right-of-way that was deeded to the City several years ago by FDOT as part of the transfer of the stormwater retention pond at this location.  There is a power pole that will need to be removed.  Mayor Green commented on the power pole stating it does not make sense to him why it should have to be removed when a protective barrier could be used. Vice Mayor Martin agrees. It could sit on a traffic island. Mr. Parker said when FDOT originally deeded the property to the City it did not charge anything.

 

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 Edgewater is interested only in contingency transport.  Some other communities want full transport. The City of Port Orange has not done a feasibility study but does have some broad numbers. Staff would have to go in and pull some numbers to make an economic decision. If, however, Council is interested a letter needs to be sent. Mayor Green said the County Council’s Agenda for Thursday has Items 13-26 all related to this issue. The County still controls what we do. We need to spend more time to get a copy of the County Council Agenda. Vice Mayor Martin said even though it may not be financially feasible right now, the City should keep the door open and indicate an interest, especially for contingency transport and send a letter.  Mayor Green said all of the information needs to be obtained to be able to make an informed decision. The question is economics. Councilman Steindoerfer commented on his prior involvement in fire services and how inefficient he believes this system to be. Common sense says one or the other has to do the medical calls.  Councilman Pohlmann is not sure he agrees with that.  He feels that firefighters should fight fire.  Pension benefits and how much goes toward that is a major issue. He supports contingency.  To go into a total ambulance transport is a major expense. He agrees that the existing system is inefficient. Councilman Kennedy agrees the City needs to keep the contingency option open. This issue needs a lot more answers and there are a lot of variables. It does, however, seem there are economic incentives for the City transport. It could amount to needing more personnel.  Mr. Parker said Mike Mellon, EVAC, is working on putting together some proposals. Councilman Pohlmann suggested this item be work shopped with EVAC too. Mayor Green commented on the percentage of calls that are medically related.  Consensus was for the City Manager to submit a letter to the County Council expressing the City’s interest in a contingent transport policy.  They also requested a workshop with EVAC be scheduled. 

 

COUNCIL COMMENTS

 

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 Dunlawton Square.  They are not looking at an area near the Social Security Administration building. Staff has been discussing this with them and will continue to. Mr. Parker said there is an item coming up at the County Council Meeting on Thursday related to a small scale comp plan change that would allow a piece of property to go from ag to a commercial location. The property is located at the corner of Airport Road and Pioneer Trail. The City has previously sent letters to the County saying we felt like that corner is not appropriate for that type of development at this time. The County is now saying they did not hear from Port Orange again so they will go ahead and hear the case. Mr. Parker asked does the City want the same letter sent back to the County. Mayor Green said it is Item No. 41 on the County Council Agenda. Some day it will be changed but he too feels it is inappropriate for it to be changed now.    Councilman Kennedy asked which corner it is on. Mr. Parker said the northeast.  Mayor Green said there will probably be another drugstore or Publix located there. He suggested a stronger letter than the first be sent to the County. Mr. Parker suggested Council meet with the Sheriff to discuss law enforcement coverage in a meeting outside of a regular Tuesday City Council Meeting.  His office will work on scheduling this. He also wants Council to workshop the YMCA. They may be able to schedule that during a regular Council meeting. There are only two regular Council meetings in August. Ms. Roberts gave an update on the Colony in the Wood utility agreement.  It is being fine-tuned and language provided to Council in the mail. Also, there is a change to Port Orange Landings for construction for Phase II Plat. She is available to address questions. Mayor Green commented on the Blazer Team now being ranked again and the City needs to acknowledge them.

 

ADJOURNMENT: 9:45 P.M.

 

 

 

                                                                        ______________________

                                                                        Mayor Allen Green

 

Attest:

 

 

 

______________________________

Kenneth W. Parker, City Manager