REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MAY 17, 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
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
4. Town Center CRA appointment
Councilman Burnette advised that Suzette Blahnik was caught up at work and can't make it, but he knows her personally and recommends her appointment.
Motion to Appoint Suzette Blahnik of Blahnik Eye Care, Inc. to the Town Center CRA Board, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
TOWN CENTER CRA MEETING
The City Council meeting was recessed at 7:05 p.m. to hold a Town Center CRA meeting, which minutes are under separate cover.
The City Council reconvened at 7:13 p.m.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Ted Noftall addressed Council and asked Council to explain the City's form of government as it relates to operation.
5. Approval of Minutes
a. April 26, 2011 – Special City Council Meeting (Budget Workshop)
b. April 26, 2011 – Regular City Council Meeting
c. May 3, 2011 – Special City Council Meeting (Budget Workshop)
d. May 3, 2011 – Regular City Council Meeting
6. Staff Reports - Building Activity Report and Monthly Development Activity Report for February and March, 2011.
7. Entering into an agreement with Bert Fish Medical Center, Inc. to perform after hours post-accident drug and alcohol testing
8. Change Order #1 to the Miller Pipeline Contract for Sanitary Sewer System Rehabilitation Work
9. Extend Concrete Contract (Bid #09-15)
10. Authorization to Issue a Request for Proposals (RFP) for a Redevelopment Project in the Riverwalk Area – RFP #11-14
11. Proposed License Agreements – Part of Lot 12, Plantation Acres Subdivision (Nixon-Biro Stormwater Pond) for 760 Biro Drive (tax parcel ID 6337-04-00-0121)
Mayor Green pulled item #9 for further discussion.
Motion made by Councilman Pohlmann to approve Consent Agenda items #5-8, #10-11, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
Item #9: Mayor Green wants information relating to the concrete company and a copy of the contract. He asked what tests are being done to ensure the concrete is being poured correctly and meets codes. Mr. Parker said staff will check on it and report back. Councilman Ford voiced concerns about the grading of the concrete at Summertrees.
Motion to approve item #9 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
REPORT FROM ADVISORY BOARD
Bill McCord, Principal Planner, filled in for Bobby Ball and gave the TPO report. Mr. McCord advised that TPO will be discussing roadway changes this summer. The committee approved 15 amendments to TIP, including 6 laning of I-4 (44 to I-95), could be under construction within a year. Additional funding is available for fiber optic installation for Dunlawton from the interstate to US 1. Mr. Parker asked if this would be a County or State project. Mr. McCord advised that it is a County project but paid for by both for signal coordination. Mr. Parker advised that there is already fiber in that area so they may not have to run as much. Mr. McCord will advise the TPO.
Mr. McCord explained that there are railroad crossing funds available. TPO also approved moving forward with two corridor studies on US 1 and 17-92.
There are no changes to next year's TIP. National Trails Day is June 14; June 7 there is a conceptual public meeting for Orange Ave bridge replacement; Votran plan is available on their website.
Councilman Ford advised that he told them the City has no money. They want CRA's to support the Votran.
Vice Mayor Kennedy asked about Tomoka Farms Road and wonders if there is still talk about extending the road. Mr. McCord said there was no discussion on it.
Mayor Green asked about the sidewalk on Herbert. Mr. McCord informed Council that there is 100% funding for a sidewalk from Silver Sands Middle School to Nova Road for design only.
COMMUNITY DEVELOPMENT (Wayne Clark)
13. First Reading – Ordinance No. 2011-8 - Moratorium Extension on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Clinics and Pain Management Clinics in the City of Port Orange
ORDINANCE NO. 2011-8
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, EXTENDING AND ESTABLISHING A MORATORIUM RELATING TO THE ISSUANCE OF PERMITS FOR PAIN CLINICS AND PAIN MANAGEMENT CLINICS; MAKING FINDINGS; PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS, BUILDING PERMITS, ZONING APPROVALS, AND FOR BUSINESS TAX RECEIPTS FOR PAIN CLINICS AND PAIN MANAGEMENT CLINICS IN THE CITY OF PORT ORANGE; PROVIDING AMENDMENTS AFFECTING THE CITY OF PORT ORANGE CODE OF ORDINANCES AND LAND DEVELOPMENT CODE; PROVIDING FOR THE DURATION OF THE MORATORIUM AND METHOD OF HANDLING APPLICATIONS AND PERMITS DURING OR PRIOR TO THE MORATORIUM; PROVIDING FOR INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Ordinance 2011-8.
Motion to approve Ordinance No. 2011-8 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.
Mayor Green asked what happened on the state level. Attorney Roberts said it did not affect the City’s ability to enter a moratorium but it was approved.
Vice Mayor Kennedy said prescription abuse is high and he believes the City needs to do what they can to prevent these places from opening.
Councilman Ford is concerned with defining "pill mill". He wants to see what the state does. He believes it is reasonable for the city to get involved.
Motion carried unanimously by roll call vote.
14. First Reading – Ordinance No. 2011-9 - Moratorium Extension on the issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the Operation of Internet Cafes, Game/Recreational Facilities, Adult Arcades Amusement Centers, and other similarly operated facilities in the City of Port Orange
ORDINANCE NO. 2011-9
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, EXTENDING AND ESTABLISHING A MORATORIUM RELATING TO THE ISSUANCE OF PERMITS FOR INTERNET CAFES, GAME/RECREATIONAL FACILITIES, ADULT ARCADE AMUSEMENT CENTERS AND OTHER SIMILARLY OPERATED FACILITIES; MAKING FINDINS; PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS, BUILDING PERMITS ZONING APPROVALS AND FOR BUSINESS TAX RECEIPTS FOR INTERNET CAFES, GAME/RECREATIONAL FACILITY, ADULT ARCADE AMUSEMENT CENTERS AND OTHER SIMILARLY OPERATED FACILITIES IN THE CITY OF PORT ORANGE; PROVIDING AMENDMENTS AFFECTING THE CITY OF PORT ORANGE CODE OF ORDINANCES AND LAND DEVELOPMENT CODE; PROVIDING FOR THE DURATION OF THE MORATORIUM AND METHOD OF HANDLING APPLICATIONS AND PERMITS DURING OR PRIOR TO THE MORATORIUM; PROVIDING FOR INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read ordinance No. 2011-9.
Motion to approve Ordinance No. 2011-9 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.
Mr. Parker advised council that staff has planned a workshop relating to this ordinance for the next meeting.
Councilman Ford wants to get involved in the preparation of ordinances since Council has to approve them.
Councilman Burnette agrees with Councilman Ford but he doesn't think Council needs to be involved with every ordinance. Councilman Burnette asked if this ordinance is 6 months beginning at the adoption of this Ordinance or 6 months from July when the first ordinance was adopted. Attorney Roberts said 6 months from adoption of this new Ordinance. Councilman Burnette requested a copy of the Seminole County ordinance.
Councilman Pohlmann supports this moratorium.
Vice Mayor Kennedy agrees with Councilman Ford that Council should be involved with the preparation of some ordinances. He asked for a copy of the Jacksonville ordinance. Attorney Roberts will provide Council with a copy of both Ordinances.
Councilman Burnette believes they need to get the codes right so that it reflects clearly what the Council's intent is.
Motion carried unanimously by roll call vote.
15. Special Exception for a Bar in the “CC” Zoning District Mad Men Ventures, Inc. (3510 Nova Road, Units 101 & 102, Case No. 11-70000003)
Tim Burman presented staff report and staff recommends approval of the special exception for World of Beer. Mayor Green asked about the hours of the bar. Mr. Burman advised that the special exception allows for the business to be open from 7am-12am and they can also apply for extended hours, which would allow them to remain open till 2am.
Vice Mayor Kennedy said there are other bars in the area so he doesn’t see a problem with this special exception. He asked if the neighbors were ok with it. Mr. Burman advised that they were all mailed a notice and there were no homeowners in attendance to object.
Councilman Pohlmann asked if that was a permitted use. Mr. Burman said no, that is why they need the special exception.
Councilman Burnette said there are other businesses in the area that serve alcohol; he hasn't heard from citizens like before; and the planning commission was ok with it, so he is ok with it.
Councilman Ford is concerned that the City is putting these types of facilities in and around neighborhoods. He doesn’t believe the businesses themselves are the problem; it's the happy patrons leaving. He is not opposed to this sports bar but just concerned of the noise levels.
Attorney Roberts said staff is looking and working on the ordinance change per Councilman Ford's request.
Councilman Ford would like the special exceptions to be broader in interpretation. He thinks the code should read that it is consistent with the neighborhood.
Mayor Green asked what the boundary is between the business and the neighborhoods. Mr. Burman said bushes/trees and 6 foot concrete wall. Mayor Green believes that is not enough. The wall needs to be higher.
The owners of MAD Men, Inc.: Mike Ainbinder and Ben Novelo - introduced themselves to Council and explained the concept of World of Beer. They have 13 operations currently and it is not a “frat party” type of bar. There is no smoking allowed and no spirits, just craft beer.
Vice Mayor Kennedy asked where the sports bar title came from. Mr. Novelo believes it stems from the fact that they have lots of TVs.
Keller Williams agent, Michael Ledley, addressed Council. Keller Williams has an office in the same complex. He has no objection to the project.
Another agent spoke in support of the project. He has owned a sports bar in the past.
Discussion was held relating to the hours.
Motion made by Councilman Burnette to amend recommendation and limit closing time to midnight. Seconded by Councilman Ford.
Ryan Deets, Real Estate Agent addressed council and would like council to consider awarding a closing time of 2:00 am on the weekend.
Mayor and Councilman Burnette believe that midnight is good and would like to see a track record before 2:00 a.m. is allowed.
Mr. Ainbinder would like to be open to 2:00 a.m.
More discussion held regarding the hours.
Councilman Pohlmann said he would support 2:00 am and then revoke it if there's a problem.
Vice Mayor Kennedy asked what the hours are for other facilities.
Mr. Novelo said most of the others have the ability to be open till 2:00 a.m. but choose to close earlier because of demand.
Further discussion was held regarding closing hour.
Councilman Burnette would like to be consistent with the other businesses in the area relating to the hours.
Mayor Green called for the vote of the motion on the floor.
Roll Call taken:
Councilman Ford and Mayor Green-yes. Councilman Burnette, Councilman Pohlmann, and Vice Mayor Kennedy-no 2-3 Motion denied.
Tim Burman explained to Council that the recommendation is for closing at midnight, not 2:00 a.m. The applicant will need to apply for an extended hours permit with the police department if they want to stay open longer.
Roll Call re-taken: motion carried unanimously by roll call vote.
CITY MANAGER (Ken Parker)
16. Discussion of Manatee and Environmental Trust Fund & Boat Slip Allocation Process
Shannon Lewis, Assistant City Attorney, addressed Council and asked for input relating to the Manatee and Environmental Trust Fund and Boat Slip allocation process. She advised that a draft ordinance and resolution were provided in the packets. Background was given to Council by Ms. Lewis.
Councilman Ford asked if all potential docks are included in the count. Ms. Lewis said yes, staff included every home that is on the water and able to have a dock whether or not they currently have one. Councilman Ford asked if canals count. Ms. Lewis said she’s not sure. She is still researching that part. She explained that 50% limitation does not have to be in the ordinance and resolution. Councilman Ford said he'd rather it not be in there.
Councilman Burnette asked how many splits are in Riverwalk. Ms. Lewis said 300-400.
Councilman Pohlmann agrees with Councilman Ford that the City needs to make sure homeowners can get docks if they want them. Ms. Lewis said yes, there are enough.
Vice Mayor Kennedy agrees that staff needs to preserve homeowner’s rights to have a dock.
Mr. Parker explained that it is already pulled out of the allotment.
Councilman Ford asked about providing a police officer on the water. Ms. Lewis explained it would be extra staffing and fuel during busy times. Councilman Ford does not believe the extra police officer should be a priority.
Mayor Green is concerned with how the money is spent. He wants to reinvest in the shoreline and in the river and he wants to allocate correctly.
17. Hazard Mitigation Grant Program Award – Dunlawton Ave. Pond Design & Permitting Phase 1 (HMGP 1840-07-R)
Mr. Parker explained that it is phase 1 of the Dunlawton Ave drainage project design. The full accounting was provided earlier via email.
Vice Mayor Kennedy asked if this project fits in with the Halifax canal. Mr. Parker said yes.
Councilman Pohlmann supports moving this forward.
Mayor Green primary reason is to keep the road open;
Councilman Burnette supports this item.
Councilman Ford supports this but hesitant because he wants to see numbers. He wants it to be clear that he is not willing to spend millions of dollars on this project. He asked Mr. Parker what the cost would be for this project. Mr. Parker said $1.25 million is the estimate on construction, plus $100,000 and the total project cost estimate is $2.1 million but some of that is already paid out and some will be reimbursed. Staff does not recommend the City paying for this project.
Mayor Green agrees he's not willing to fund it.
Motion by Councilman Pohlmann to approve the grant amount and the City’s match, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
18. Early Retirement Option
Mr. Parker asked Council if they would like to consider offering an early retirement. There have been some employees who have expressed an interest.
Councilman Ford asked if it would save money. Mr. Parker said yes if it is effective no later than September 30, 2011.
Councilman Ford supports it because he believes the City has a terrible succession problem. He supports easing people out to get new people in to train while there are still others employed to help.
Councilman Burnette agrees with the succession part, but believes there are two obstacles: bond debt and unfunded liability. He believes the City needs to offer early retirement as often as possible for as long as possible. He believes the City will obtain cost controls doing this.
Councilman Pohlmann asked if there would be a financial incentive. Mr. Parker said he was thinking no financial incentive at this time but just offer insurance.
Mr. Parker explained that DROP does cost money if the plan doesn't meet the rate of return.
Vice Mayor Kennedy agrees with Councilman Ford but he is leery of continuing to offer early retirement plans. He wants to keep institutional knowledge for as long as possible.
Mayor Green asked about pay scales. Mr. Parker said staff has been looking at it.
Mr. Parker advised that if it is the consensus of Council, he will bring a resolution back to them. Council agreed.
19. RCC Discussion
Mr. Parker gave details regarding meetings relating to RCC consolidation. Staff is in the process of preparing the transitional plan and teams. Shannon Lewis is in charge of transitional team. He has asked Volusia County to do a transitional plan as well. The numbers will continue to change as we get to the end of the year. He advised that not all employees will go to county of Volusia. The City will have some unemployment costs because those positions are being terminated. The big costs are with the software. Records conversion will be approximately $150,000. The Tibaron system will also cost approximately $150,000. Mr. Parker asked Council to look at the spreadsheet provided to be sure that the elements are covered that each of the councilmen believes should be included.
Vice Mayor Kennedy asked about the workshop on Thursday. Mr. Parker said it's at 5pm and will include questions and answers of councils and others. Vice Mayor Kennedy is concerned about the costs vs. savings.
Councilman Pohlmann asked if the costs are Port Orange cost or RCC costs. Mr. Parker said mostly Port Orange costs but some RCC. He advised that staff did a worse case scenario. Councilman Pohlmann asked if the county is willing to help with those costs. Mr. Parker said his understanding is that these are our costs and no, the County will not help. Mr. Parker did confirm that animal control and the VIPS will be dispatched by the County.
Councilman Pohlmann asked when Port Orange taxpayers will see savings. Mr. Parker said 2013 budget year.
Councilman Burnette advised that he is still concerned about the quality of service. He believes we need to ask liability questions. Mr. Parker advised that some of the costs will not be available until September, right before Council approves the budget for 2012.
Mayor Green said the transition needs to be done properly with safety first, employees second, and costs third.
Councilman Ford is not confident that the City won't be required to pay more after the first year. He believes countywide dispatch is difficult. He said the schedule is too aggressive and he is offended that the cities have no say in the governance. His greatest concern is the switchover because they are moving so quickly.
Mr. Parker advised that he will keep Council up to date.
20. Comments/Concerns from Council Members
Councilman Burnette advised that Arthaus has an art exhibit this Thursday from 4-6pm in the Lobby of City Hall. He asked for a status update on the medians - when is the plan going to be presented to council? Mr. Parker advised that staff is meeting in a few days and the report will come at next week’s meeting.
Mayor Green advised that he wants signs and addresses higher so that they are more visible when driving.
Mr. Parker reminded all of the New Resident Breakfast on Saturday at 9am at Adult Activity Center.
Mayor Green asked about the plaque for Doris Dickey. Mr. Parker said Parks and Rec personnel are working on it.
Mayor Allen Green
Kenneth W. Parker, City Manager