REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

MARCH 15, 2011

 

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 Bob Ford

                                                                        Councilman Donald Burnette

Councilman Bob Pohlmann

                                                                        Vice Mayor Dennis Kennedy

                                                                        Mayor Allen Green

 

                                    Also Present:                        Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk

 

SPECIAL RECOGNITION AND PROCLAMATIONS

 

4.    Boy Scouts of America – Three Rivers District

 

Mayor Green presented the proclamation to Boy Scouts of America – Three Rivers District. Several Boy Scouts were on present to represent the Three Rivers District. Mayor Green asked each scout to introduce themselves to the Council.

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Ted Noftall requested that the City Charter be changed from a strong City Manager to a strong Mayor type of government. He would like the Mayor to consider the change because he feels we need a strong elected official. Mayor Green asked the City Attorney to gather data to discuss same. He advised Mr. Noftall that the complexity of running a City is huge and the difficulty comes when there are contracts that we have to deal with, sometimes making necessary changes might be a possibility.

 

CONSENT AGENDA

 

5.    Approval of Minutes

a.    February 22, 2011 – Goals/Vision Workshop

b.    February 22, 2011 – Recognition of Police and Citizens

c.    February 22, 2011 – Regular City Council Meeting

d.    March 1, 2011 – Special Meeting (Innoprise Shade Meeting)

e.    March 1, 2011 – Regular City Council Meeting

6.    Staff Reports - Building Activity Report and Monthly Development Activity Report for January and February 2011

7.    Request for Approval to Submit Projects for the 2011 Transportation Improvement Program Priority List

8.    Quentin Hampton Associates – Engineering Fees for Construction Phase of Spruce Creek Estates Drainage Improvements

9.    “Letter of No Objection” for Samsula Farms Plat Abandonment requested by County of Volusia

10. 2010 Flu Program Revenue and Expenditures

11. Flu Serum Donation

12. Request City Council waive 6 copies of the RFP requirement and regard the missing copy as “not a substantial deviation” regarding health/dental proposal from Reames.

 

Item #10 pulled by Mayor Green. Councilman Burnette requested that the report include revenue and shots for past 3 years. Mr. Parker advised that Staff will provide that at next week’s meeting. Consensus is to bring the item back next week with more information.

 

Motion made by Councilman Pohlmann to approve Consent Agenda items #5-9, 11 & 12, Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

REPORT FROM ADVISORY BOARD

 

13.  Citizen Advisory Committee for TPO

 

Staff was advised that there were no new issues to be reported; therefore, no report was given.

 

 

 

FINANCE (John Shelley)

 

14. Resolution No. 11-12 – Budget Appropriation

 

RESOLUTION NO. 11-12

 

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

 

Resolution No. 11-12 was read by Mayor Green.

 

Motion made by Vice Mayor Kennedy to approve Resolution No. 11-12, Seconded by Councilman Pohlmann.

 

Mayor Green requested more information. Mr. Parker advised that Staff can provide same at next week’s meeting. Consensus was to return it to Staff for more details.

15. SRF Loan Repayment Proposal

 

Mr. Parker advised that this item is what was discussed at the last City Council meeting and now needs approval.

 

Motion made by Councilman Ford to approve the SFR Loan Repayment Proposal presented by Staff, Seconded by Councilman Pohlmann.

 

Mayor Green doesn't want to take the revenue from one activity to pay down another. Mr. Parker assured him that is not what we are doing. This plan will save the City money. Vice Mayor Kennedy asked if the goal with this proposal is to reduce spending and save money in interest. Mr. Parker confirmed same. Councilman Pohlmann asked if we were refinancing any of the debt. Mr. Parker said no, just retiring debt. Mayor Green asked for public comment, there being none, Mayor Green called for the vote.

 

Motion carried unanimously by roll call vote.

COMMUNITY DEVELOPMENT (Wayne Clark)

 

16. Second Reading – Ordinance No. 2011-4 – Adoption of the 2010 Capital Improvements Element Annual Update

 

ORDINANCE NO. 2011-4

 

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

 

Mayor Green read the proposed Ordinance. Planning Commission recommends approval. There was no person from the public who wished to speak.

 

Motion made by Vice Mayor Kennedy seconded by Councilman Pohlmann, to approve Ordinance No. 2011-4 on second reading. Motion carried unanimously upon roll call vote.

 

17. Resolution No. 11-13 - Supplemental LAP Agreement for turn lane at Willow Run/Clyde Morris Blvd.

 

RESOLUTION NO. 11-13

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCAL AGENCY PROGRAM AGREEMENT (FPN 427621-1-38-01); RELATING TO THE RIGHT TURN LANE AT THE INTERSECTION OF WILLOW RUN AND CLYDE MORRIS BOULEVARD; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Resolution No. 11-13. There was no person from the public who wished to speak.

 

 

Motion made by Councilman Pohlmann to approve Resolution No. 11-13, seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

18. Resolution No. 11-14 – Supplemental LAP Agreement for turn lane at Dunlawton/Village Trail

 

RESOLUTION NO. 11-14

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCAL AGENCY PROGRAM AGREEMENT (FPN 427632-1-38-01); RELATING TO THE RIGHT TURN LANE AT THE INTERSECTION OF DUNLAWTON AVENUE AND VILLAGE TRAIL; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Resolution No. 11-14. There was no person from the public who wished to speak.

 

Motion made by Vice Mayor Kennedy to approve Resolution No. 11-14, Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.

19. Special Exception for a Game/Recreation Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49

 

Motion to Approve the Special Exception for a game/recreation facility as presented subject to the conditions proposed by the Planning Commission made by Councilman Burnette and Seconded by Vice Mayor Kennedy.

 

Tim Burman, Principal Planner, presented a power point presentation and advised Council that the Staff recommends approval subject to the four conditions as proposed by the Planning Commission. Mayor Green advised that he met with the Attorney for applicant and asked Mr. Burman if the parking lot can accommodate the 40 computer spaces being proposed by the applicant. Mr. Burman replied yes. Mayor Green asked if they can make changes to the interior of the building. Mr. Burman replied yes, it could but it needs to be done with the proper permits.

Vice Mayor Kennedy stated that there are a lot of questions in people’s minds. It sounds to him like this is an internet gaming function. He needs to hear something to convince him otherwise. He asked if there was food or alcohol involved; asked how they are going to make their profit by renting internet time. Vice Mayor Kennedy asked if the applicant is willing to adhere to the conditions of the Planning Commission. Mr. Burman advised that the applicant wants to be open until 1:00 a.m. Vice Mayor Kennedy confirmed that this special exception would only apply to this applicant, and if they go out of business, the business is done. He does not like the idea of the business staying open until 1am and doesn't see why we should go later than 11pm.

Councilman Pohlmann confirmed that the moratorium was enacted but this application was entered prior to the moratorium and asked what the special exception is. Mr. Burman advised that the special exception is required to limit the number of facilities in the City and/or in one location.

Councilman Burnette is glad and agrees with limiting the time, and asked how the residential lines are determined. Mr. Burman explained the process for determining residential lines.

Councilman Ford stated that SB476 is going through the Senate now. He doesn't like the Land Development Code regarding distance from residences, and he would ask that that issue come back to Council to consider changes. Councilman Ford asked if children allowed. Mr. Burman believes there is an 18 or 21 age requirement.

Laura Lee, Attorney for Allied Veterans of the World, confirmed that she was able to meet with Mayor Green and some others about the business. She advised that this is a legal business that wants to come into Port Orange and the decision needs to be whether or not this meets the zoning codes, which she believes they have met. She confirmed that Allied Veteran’s application was submitted prior to the moratorium and they are a nationally recognized 501(c) 19 company. The money raised goes to veterans, nursing homes, schools, etc. within the local area. Scholarships have been given to local students thru JROTC. Ms. Lee showed pictures of other facilities, including the Tallahassee facility, which is what the Port Orange location would look like. She confirmed that there is no alcohol, no smoking, and no minors allowed. Ms. Lee gave examples of other companies selling internet time and advised that internet classes are offered free of charge. The Company will hire local people and continue to give back locally. The company is legal at this time.

Councilman Ford stated that his concern is that less than 10% was given back to the community in other areas. He advised Ms. Lee that we are a home town, family community and he doesn't want to bring this burden to our citizens. He is also concerned about the hours of operation.

Councilman Burnette asked Ms. Lee if they had met with the locals to discuss their concerns as the Planning Commission asked. Ms. Lee advised Council that she sent letters inviting the locals to attend a meeting at Booth's Bowery. They provided dinner for those who attended and addressed their concerns.

Councilman Burnette is concerned that the dollars brought in go directly to local organizations. Ms. Lee advised that the funds received at the local level are returned to the local community. Discussion was held regarding the tax return vs. revenue and donations.

Mayor Green reminded all that the issue is zoning and he voted on the zoning issue based on his interpretation of the ordinance.

Councilman Pohlmann asked if it a privately own company. Ms. Lee said no. There are no owners, but a Board of Directors with memberships. Councilman Pohlmann asked why is the State trying to regulate the industry. Ms. Lee advised that they are not trying to regulate Allied Veteran’s, but rather they are trying to regulate others in the industry.

Councilman Pohlmann clarified that 97% of the members must be veterans or the Board of Directors. Ms. Lee advised that 97% of the members must be veterans.

Vice Mayor Kennedy discussed the prizes with Ms. Lee. Ms. Lee advised that there is no nudity involved. Porn sites are not allowed on the computers. Vice Mayor Kennedy asked if it makes it an adult entertainment facility since children are not allowed. Ms. Lee said no.

Attorney Laura Lee reminded Council that this is a zoning issue not a moral issue. She advised Council that the Company is committed to opening in Port Orange. Attorney Roberts advised Council to disregard informational meetings and to keep their decision based on what has been presented tonight as it relates to the agenda item.

Mayor Green has concerns because it doesn't meet his criteria for health, safety, welfare, and compatibility.

Councilman Ford believes it is strictly an adult entertainment center. He asked City Attorney to research if this should be zoned as an adult entertainment center. He would ask Staff to look into if this is an adult entertainment center.

Councilman Burnette has concerns if the Company will be a successful enterprise since they don’t know if they will even make money.

Councilman Pohlmann still has questions as to the special exception since it meets zoning requirements.

Vice Mayor Kennedy doesn't want it to be open beyond 11pm and 7am seems early but ok with that. He would like to buffer the back of the building and requests that there be only one entry from front, no one going in and out the back.

Mayor Green asked if it is the consensus of the Council to send it back to staff.

 

Motion made by Councilman Ford to Table item #19 until Council’s questions can be answered, and Seconded by Councilman Pohlmann.

 

Public comments: Several residents from outside of Port Orange addressed Council advising that they frequent the Allied Veterans in Deland and are happy with the facility. They feel safe and have met new friends at the Deland facility.

Ted Noftall, Port Orange, spoke and asked Council to run Port Orange as a business. He believes this is a way to put money into the schools.

 

No further comments. Motion carried unanimously by roll call vote.

 

Attorney Roberts requests that Community Development assist her in answering all of Council’s questions.

ADMINISTRATION (Ken Parker)

 

20. SHIP Down payment Assistance for Mr. Danny Lee Sloss/5134 Pineland Ave.

 

Donna Steinebach, Assistant to the City Manager, advised that this is the final down payment loan and Staff recommends approval.

 

Motion to approve made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried by a 4-1 vote, with Mayor Green voting no.

21. Authorization to Issue a Request For Proposals (RFP) for a Redevelopment Project in the Riverwalk Area – RFP #11-14

 

Mr. Parker advised Council that this body needs to act in the same way as the CRA.

 

Motion made to approve the Recommendations of the CRA made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Councilman Pohlmann asked about sitting as the proposal evaluation committee. Mr. Parker explained that the City Council or CRA can be the committee, of Staff can do it.

 

Motion carried unanimously by roll call vote.

COUNCIL COMMENTS

 

22. Comments/Concerns from Council Members

 

Vice Mayor Kennedy asked about the feral cat issue. Mr. Parker advised that Staff is gathering information and will have a report at the next meeting. He advised that the County is also working on something along the lines of a catch, neuter and release type of program.  

Councilman Pohlmann had nothing to discuss.

Councilman Burnette reminded all of the American Cancer Society’s Relay for Life coming April 8-9. He also asked about the RFP for the garbage. Mr. Parker advised that it is in the legal department being reviewed. He is hoping to have it out soon. Councilman Burnette asked when the census information is coming. Mr. Parker advised that it is supposed to be out the 1st of April.

Councilman Ford would like time on a future agenda to discuss the Outlaws so that this never happens again. He wants to take immediate action to handle people who blatantly violate our ordinances.

Mayor Green has spoken with Mr. Parker regarding getting something set up to avoid these issues.

Councilman Ford stated that we need regulations on entertainment areas, including revenue enhancements. So that if we are required to grant the special exception, we should regulate them.

Attorney Roberts advised that those are some of the discussions happening now. Mr. Parker advised that a report will be coming next week.

Mayor Green asked about Hidden Treasures - thought we could fine them for repeated false alarm calls.

Mr. Parker reminded Council of the District 1 meeting on Saturday morning at the Adult Activity Center; Thursday starts Kidz Dayz.

Mayor Green asked if Votran can get to the library when we have events like that going on. Mr. Parker said yes, they reroute it but they are supposed to be able to get there. He will talk to Votran people and make sure. Next Tuesday at 5:30pm is the review of the pensions. The CAFAR should be posted on the website this week. The auditors are available to meet with Council members any time.

 

 

23. Budget Workshop - Mandates

 

Mr. Parker explained the functions that Council has control over and what they don't have control over because they are mandated. They briefly discussed SB1128, along with pension issues and insurance issues.

Vice Mayor Kennedy asked who keeps track of the 530+ mandates. Mr. Parker answered stating that each department because they have to submit reports. Vice Mayor Kennedy asked if there is a dollar amount attached to what it costs us to track the mandates. Mr. Parker said no, but we could estimate it. Vice Mayor Kennedy asked how many of the mandates are unfunded. Mr. Parker advised that most of the mandates are unfunded.

Councilman Pohlmann asked Mr. Parker to discuss the discretionary items, which he did; stating that some things that are not required from the State or Federal government, might be a requirement from the City (i.e.: different certifications, etc.) and these are decisions City Councils have voted for over the years.

Councilman Burnette stated that the costs will be blurry because we will incur some of those costs anyway, with or without the mandates.

Mr. Parker gave an example that State law requires the City to have a fire marshal but not a fire department.

Councilman Ford believes we should push back against all of the mandates; there is too much regulation. This has been a wake-up call for him to be more active against regulations.

ADJOURNMENT: 9:16 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager