REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JUNE 28, 2011
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:02 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
SPECIAL PRESENTATIONS, RECOGNITIONS, AND PROCLAMATIONS
4. Representative Dwayne Taylor
State Representative Dwayne Taylor addressed Council regarding redistricting. There is a meeting on July 12, 2011 from 6-9pm at the News Journal Center in Daytona Beach regarding redistricting for Volusia County.
Mayor Green thanked Representative Taylor for being accessible and knowledgeable.
Discussion was held with Council regarding the Dunlawton project, which was not granted by the Governor.
Councilman Pohlmann thanked Rep. Taylor for his service.
Councilman Burnette also thanked him for his service and for coming to speak to Council. He asked about the mood in Tallahassee relating to pension reform. Rep. Taylor advised that he believes they will continue to work on pension reform over the next few years. It is not over. Councilman Burnette asked what the big challenges are for the future. Rep. Taylor said jobs, need to get jobs in Florida, and redistricting issues. He and the committee are traveling around Florida discussing redistricting with communities.
Councilman Ford thanked him for attending and advised that he wants a closer relationship with the City’s representatives in Tallahassee. He asked Rep. Taylor to work on clarifying gambling issues.
Mr. Parker gave kudos to Rep. Taylor for his work on a committee that Mr. Parker sat in on.
5. Local Business Spotlight
Debbie Connors, Chamber of Commerce advised that Houligans was the business to be spotlighted, but they could not attend.
6. Report from KemperSports Management regarding Cypress Head Golf Course
Mike Collins gave the report for Kempersports relating to the golf course. Although rounds played were up, May’s financials were down with $115,000 in revenue; however, $124,000 was budgeted. The shortfall was based upon an expense to aerate the greens earlier than was originally budgeted.
Vice Mayor Kennedy is glad to see some positives.
Councilman Pohlmann asked if/how Venetian Bay’s golf course has hurt them. Mr. Collins advised that he does not believe it has because their numbers have been increasing.
Councilman Burnette is concerned that the momentum was lost.
Councilman Ford is not happy that there is not a profit. He expects the golf course to pay for itself each month.
Mayor Green reminded and further explained the expense of aerating the greens, which was earlier than originally budgeted.
Kate Minnock thanked the Parks department for their work on the Mayor's golf tournament. She advised that there were 144 golfers and all were happy. Ms. Minnock advised that Golf Daytona was voted out and the monies will be used to promote the Ocean Center rather than golf venues. She also explained the new packages with the hotels in Daytona and handed out a folder of brochures.
7. Board Appointments and Interviews
Motion to re-appoint Summer Clayton, Debbie Connors, Wayne Wilcox, and Henry “Bud” Harden to the Charter Review Board made by Councilman Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Mayor Green reminded Council that there is one more opening still.
Tyler Kameh, student at Spruce Creek High School introduced himself to Council.
Motion to appoint Tyler Kameh to the Youth Advisory Board made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
CITIZEN PARTICIPATION (Agenda)
8. Fraternal Order of Eagles, Port Orange Aerie #4089
Bob Tedeschi, President of Port Orange Eagles #4089 addressed Council and requested a reduction in the building permit fees paid and due on their new building.
Mayor Green explained that some of the fees cannot be waived because of the restrictions with the bonds.
Mr. Parker advised that the organization will have credits coming on water and sewer impact fees from their old building. Most of the City's impact fees are “doable”. Mr. Parker asked Council for the authority to work with the Eagles regarding their credits so that the amount is manageable.
Kerry Lleuzinger, Building Official, obtained a count on the old building and a credit will be given for the new building.
Councilman Burnette believes that Council needs to take into consideration that there was an old building serving the same number of people. He asked what is usual and customary in other cities.
Mr. Parker advised that others are looking at local areas where they want to do targeted development and working with the builders/owners on the fees that can be adjusted.
Councilman Burnette wants to be very friendly with businesses who want to rebuild on Ridgewood.
Mayor Green cautioned Council about business owners not investing in their businesses.
Councilman Pohlmann asked Mr. Parker what he meant that the impact fees are “doable”. Mr. Parker explained that the credits will make the project more doable because what is being presented right now is not the final bill. He advised that county fees are also included in the amounts that the City cannot waive.
Vice Mayor Kennedy wants to see what the City can do since there is an existing building there and wants to know if there are any credits or changes because it is in the Ridgewood corridor.
Mayor Green requested time for Staff to work on the numbers and apply the credits.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Bob Sharpe advised and invited Council to the event on July 3rd from 10am-3pm at the dog park.
Mayor Green asked Mr. Sharpe about smoking in the dog park. Mr. Sharpe said there has been no problem, the smokers are generally respectful of the non-smokers. However, he is concerned about getting a sidewalk in the park for disabled people.
9. Approval of Minutes
a. June 21, 2011 – Special City Council Meeting (Lawsuits Shade Meeting)
b. June 21, 2011 – Regular City Council Meeting
10. Project Managers’ Report
11. PFM Fourth Amendment to Investment Advisory Agreement
12. Construction Inspection Services for the Williamson Blvd. & Hockney Court Signalization
13. Post Design Engineering Services for the Dunlawton Ave. Turn Lane at Village Trail
14. Post Design Engineering Services for Willow Run Turn Lane at Clyde Morris Blvd.
15. Construction Inspection and Local Agency Program compliance for the Dunlawton Turn Lane at Village Trail
16. Construction Inspection and Local Agency Program compliance for the Willow Run turn lane at Clyde Morris Blvd.
17. Revalidation of Sole Source Vendor and Approval of Purchase Order to Biological Consulting Services for Establishment of Hydrologic Monitoring for Port Orange Mitigation Bank
18. National Night Out
19. Amendments to FY2006-2010 CDBG Consolidated Plan and FY2010 Action Plan
Mayor Green asked that item #18 be pulled for further discussion.
Motion to approve consent agenda items #9-17 and #19 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Mayor Green asked Officer Dave Miller to approach. Mayor Green thanked Officer Miller for his time and service to Port Orange. Officer Miller explained the National Night Out. It will be held on Tuesday, August 2, 2011 from 6-8pm.
All Council members thanked Officer Miller and Officer Miller thanked Council for their support throughout the years.
FINANCE (John Shelley)
20. Monthly Financial Report
John Shelley, Finance Director, gave the financial report for the month advising that the water and sewer fund is under by about 1% based on projected amounts. The YMCA thru May, 2011, has a net positive revenue of approximately $41,000.
Vice Mayor Kennedy asked if the spill had an impact on the YMCA. Mr. Shelley said it was minimal because it was contained in the reservoir.
21. Resolution No. 11-26 - Budget Appropriations
Mayor Green read Resolution No. 11-26.
RESOLUTION NO. 11-26
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 to approve Resolution No. 11-26 made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy.
Councilman Burnette asked about having the discussion about renaming Eastport CRA before spending money on a sign. Mr. Parker said he will advise staff accordingly.
Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
22. First Reading – Ordinance No. 2011-11–Rezoning of 216 acres (portion of Woodhaven/Stanaki PUD) east of I-95, west of the Spruce Creek Preserve, south of Spruce Creek, Case no. 11-60000001
Mayor Green read Ordinance No. 2011-11.
ORDINANCE NO. 2011-11
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING PROPERTY CONSISTING OF APPROXIMATELY 216 ACRES LOCATED EAST OF I-95, WEST OF THE SPRUCE CREEK PRESERVE AND SOUTH OF SPRUCE CREEK FROM PUB (PLANNED UNIT DEVELOPMENT) TO GPU (GOVERNMENT/PUBLIC USE); AUTHORIZING REVISION OF OFFICIAL ZONING ATLAS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2011-11 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.
Councilman Burnette asked if any plans have been discussed for the property. Mr. Parker advised that the county may do passive trails/park area, but nothing active.
Mayor Green asked for public comments. Ted Noftall asked what's happening with the other 9 acres. Penelope Cruz, Principal Planner explained that that property is already zoned Wetland Conservation and there was no need to rezoning the property to GPU.
Motion carried unanimously by roll call vote.
23. Resolution No. 11-25 -11-1 Large-Scale Comprehensive Plan Amendment/Case No. 11-20000002
RESOLUTION NO. 11-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ACCEPTING PROPOSED AMENDMENTS TO THE CITY OF PORT ORANGE COMPREHENSIVE PLAN 2010-2025 AND AUTHORIZING SUBMITTAL TO THE STATE LAND PLANNING AND OTHER AGENCIES; AND PROVIDING AN EFFECTIVE DATE.
Mayor Greed read Resolution No. 11-25.
Motion to Approve Resolution No. 11-25 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.
Penelope Cruz, Principal Planner, explained the amendments to Council.
Councilman Burnette asked if any businesses requested these changes. Ms. Cruz explained that the idea came to her after business owners complained that they could not rent their properties because of zoning problems. This option seemed to make sense.
Councilman Pohlmann asked if this would be submitted to DCA. Ms. Cruz replied yes.
Mayor Green asked for public comments and there were none.
Motion carried unanimously by voice vote.
24. Discussion relating to City Council Redistricting –Census 2010
Mr. Parker explained to Council that this item is for discussion only pursuant to the City’s Charter. The Ordinance will not be voted on at this meeting, but rather Staff and the Districting Committee are providing the Committee’s recommendation and report to Council.
Jim Meadows, Districting Committee Chairman, addressed Council regarding the committee. He explained his concerns with the proposed option (2 revised) from the committee.
Penelope Cruz, Principal Planner, explained to Council that Exhibit A in their packet is the same as option 2 revised that the Committee recommended be adopted.
Mr. Meadows felt like he was being kicked out of district 3 and doesn’t agree with that. He personally recommends option 4a be adopted.
John Junco, Districting Committee member, addressed Council regarding the committee. He advised that their goal was to affect the least amount of people within the city while meeting the legal obligations. He advised Council that option 2 revised was voted unanimously by the Committee. The meeting was tense but the Committee believed option 2 was best for City as a whole.
Mary Martin, Districting Committee member, addressed Council regarding the committee. She thanked Staff for their work on the maps. She advised Council that option 2 revised allowed most people to remain in their current districts.
Discussion was held regarding population growth areas.
Attorney Roberts advised that Council can request that the committee meet again in 5 years to reconsider the population of the city.
Discussion was held regarding the ordinance requirements with the legal description. Mr. Parker explained the target number of residents for each district.
Attorney Roberts again advised that Exhibit A is the same as option 2 revised.
Mr. Parker explained that guidance is needed from Council so that the legal description can be obtained and an ordinance prepared. Then the ordinance will be brought back to Council for approval, but Staff did not want to spend money on obtaining the legal description until Council approved the boundaries.
Lynn Bramerel, Districting Committee member, addressed Council and advised that she would rather start from scratch but the goal was to make the least amount of change for the least amount of residents.
Mr. Meadows believes the redistricting allows the City to start over from scratch and believes Council should look at option 4a.
Stan Hetrick, Districting Committee member, addressed Council reminding them that the committee recommended option 2 revised.
Councilman Ford doesn't like to seconded guess the committee but likes clean lines.
Councilman Burnette feels the same as Councilman Ford. He doesn't feel districts mean much because he is going to help any citizen who calls him. He ran city-wide and most people don’t know their district.
Councilman Pohlmann also believes not many people know what district they are in and he likes option 4a the best. He asked if population is a major concern. Mr. Parker said yes, it needs to be as close to 14,138 as possible. Councilman Pohlmann advised that he also likes option 1 because of the clean lines. He is willing to support what the committee recommended.
Vice Mayor Kennedy asked about the numbers on option 1 and 2.
Ms. Cruz explained the error in GIS when the maps were converted to 11x17 size. She advised that when the Committee voted, they voted with the correct numbers.
Vice Mayor Kennedy believes option 4a is much cleaner. He would like to see Council recommend the committee meet again in 5 years. He supports the committee’s decision.
Mayor Green asked for public comments, there were none.
Mr. Parker advised that Staff needs a consensus of Council to move forward, or they can recommend that the Committee meet again.
Mayor Green asked for a roll call.
Councilman Ford voted yes to accept the recommendation.
Councilman Burnette voted yes but he wants the Committee to revisit the issue in 5 years.
Councilman Pohlmann likes option 1 or 4a, votes no on accepting the Committee’s recommendation of Option 2 revised.
Vice Mayor Kennedy voted yes, but wants the Committee to revisit it in 5 years.
Mayor Green voted no.
Mr. Parker confirmed that Council’s consensus is to have the committee reconvene in 5 years, Council said yes.
Councilman Pohlmann asked if it's too late to study the options more. More discussion was held regarding growth.
Mr. Parker explained that Council can send it back to the Committee or ask Staff to come up with options to present to Council.
Mr. Junco advised Council that the committee knew the growth options. The committee didn't want to predict a growth in population. They believed it was best to even out the current population between the districts.
Consensus of Council is option 2 revised.
25. Special Exception for an off-site parking lot in the “RD” Zoning District; Steve & Cheryl Woide, 5933 Ridgewood Avenue, Case no.: 11-70000004
Tim Burman, Principal Planner, advised Council of the Planning Commission's recommendations. Applicant, Steve Woide introduced himself to Council.
Vice Mayor Kennedy asked if he had any problems with making the changes as recommended by the Planning Commission. Mr. Woide said no, but had a few questions, which were discussed and resolved.
Linda Brown, President of the homeowner’s association in Harbor Oaks, introduced herself and advised Council that they are concerned about the driveway disrupting the neighborhood. She asked who would be enforcing the recommendations of the Planning Commission. Mayor Green advised her that the City would enforce it.
Linda Bramerel, resident of the affected area, addressed Council advising that she is against opening Magnolia to all the traffic. She doesn't believe it's safe, believes entrance and exit should be on US 1 only.
Mr. Woide clarified that the Magnolia gate would be for personal use not a public entrance and exit.
Councilman Ford doesn't like the idea of people walking on US 1. He asked Mr. Burman how City Staff can be sure they will do the recommended steps. Mr. Burman advised that the applicant will have to get a building permit to perform the work. Mayor Green asked if they need to go back to FDOT for the sidewalk. Mr. Burman said yes.
Councilman Ford has concerns about the noise level. Mr. Burman explained the current fence and the recommendation from the Planning commission. Mayor Green said the fence is not sufficient and would recommend a concrete type fence to control noise.
Councilman Burnette agrees a sufficient noise buffer is needed.
Councilman Pohlmann also agrees, as does Vice Mayor Kennedy. He also wants to make sure the light issue is taken care of as well.
Mayor Green wants the business to be successful but doesn't want to hear from the neighbors either. He does not want the gate on Magnolia and would recommend a concrete block type fence for noise control.
Cheryl Woide, applicant, asked about the fence.
Motion to approve with amendment that concrete or other appropriate material fence is built where the commercial property meets any residential property and no gate to Magnolia made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. There being no public comments, the Motion carried unanimously by roll call vote.
PARKS AND RECREATION (Susan Lovallo)
26. Resolution No. 11-27- Approve five year renewal agreement with the City of Daytona Beach Leisure Services and the City of Ormond Beach Department of Leisure Services providing a special needs summer camp for the reciprocal use of Municipal recreation facilities and provision for Therapeutic Recreation Programs for Special Needs Children with Disabilities per Resolution No. 06-31 and Interlocal Agreement dated April 18, 2006
RESOLUTION NO. 11-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING AN EXTENSION TO THE INTERLOCAL AGREEMENT BETWEEN THE CITIES OF PORT ORANGE, DAYTONA BEACH, AND ORMOND BEACH PROVIDING FOR THE RECEIPROCAL USE OF MUNICIPAL RECREATION FACILITIES AND PROVISION FOR THERAPEUTIC RECREATION PROGRAM FOR SPECIAL NEEDS INDIVIDUALS WITH DISABILITIES, AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Resolution No. 11-27.
Motion to approve Resolution No. 11-27 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. After no public comments, the Motion carried unanimously by roll call vote.
PUBLIC UTILITIES (Roger Smith)
27. Resolution No. 11-28-Addendum to Interlocal Agreement between the City of Port Orange and Utilities Commission of New Smyrna Beach, Florida
Mayor Green read Resolution No. 11-28. Attorney Roberts advised Council that page 3, Term should be excluded and will be addressed under a separate agreement. Consensus with Council is that this item be brought back when it is complete, with both agreements.
PUBLIC WORKS (Warren Pike)
28. Appeal of the Evaluation Committee’s Determination of Non-compliance of Bid Specifications
(a) Solid Waste Bid Protests
29. Award of Solid Waste Contract
Mayor Green advised that it is difficult to process the bid protests that were received on the day of the meeting.
Mr. Parker advised that the companies have until Wednesday, June 29, 2011 at 5:00 p.m. to file bid protests. So far four bidders have filed protests. Mr. Parker suggests a special meeting be scheduled to hear all of the bid protests after Wednesday at 5pm. Available dates were discussed. Length of time was estimated at 3-3.5 hours will be needed to hear all of the bid protests and issues. Mr. Parker’s recommendation is to continue the solid waste bid protest to a time certain with 3-3.5 hours reserved.
Motion to continue the solid waste items to July 12, 2011 at 5:30pm made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
CITY MANAGER (Ken Parker)
30. Discussion of insulation and Monier tile for City Hall roof
Neil Samuels, R&R Industries, Inc., addressed Council regarding an energy efficient tile for the City Hall roof.
Mr. Parker advised Council of his concern that this product was not part of the bid. His concern is that the bid specs are being changed after the award. The architect says this does not meet the bid specs. Mr. Parker also advised that the return on investment that FPL shows is a slow pay back. He’s concerned because other bidders did not get to bid on the Monier tile. Mr. Samuels advised that the Monier tile was not available until 2011 so they couldn’t have bid on it during the bidding process.
Mayor Green is concerned that a lawsuit could be filed against the City because it wasn't competitively bid.
Vice Mayor Kennedy asked if the products R&R Industries bid on are acceptable. Mr. Samuels said yes, but this is a better product. He explained the issues with the warranty on the products bid. If the products go through a named storm, the warranty is void.
Vice Mayor Kennedy asked if the warranty was the same for the Monier tile. Mr. Samuels said yes. Vice Mayor Kennedy pointed out that we are in Florida and we are going to go through a named storm so the warranty is no issue, it would be void on both products.
Councilman Pohlmann supports the original bid documents and products.
Councilman Burnette asked what the payback period is.
Mike Zaffudo, Engineer, explained that the architect couldn't say how quick the return on investment would be because there are so many factors to consider.
Councilman Ford doesn't support a change in the bid specs.
Consensus is no changes on the tile.
Mr. Parker advised Council that the architect recommends the insulation be done now if it’s going to be done while the roof is pulled apart.
Mayor Green asked where the budget is now on the project. Mr. Parker said he will get the information together and bring it back to Council.
31. Comments/Concerns from Council Members
Councilman Ford asked where the panel signs are for the Riverwalk sign. Mr. Parker explained that the contractor didn't construct the panels correctly but they should be installed very soon.
Councilman Burnette wants to discuss the YMCA further. Mr. Parker gave some details and will get more.
Vice Mayor Kennedy asked for an update on the feral cat issue & B-23 canal. Mr. Parker explained that the dredging is finished in the B-23 canal and bids are due in mid-July for the seawalls.
Mayor Green advised that he believes they made a mistake by waiving the water bill at the last meeting. He also would like staff to make a better plan for the business tax receipts. He believes the letters are going out and people are ignoring them.
Mayor Green asked Council to look at the Health Challenge that was recently done in New Smyrna Beach.
32. City Council Committee Reports
a. City Investment Committee
No meeting held.
b. Transportation Planning Organization (TPO)
Councilman Ford reported that they met on June 28, 2011 to discuss Sunrail and bike path bridges.
c. Library Advisory
Vice Mayor Kennedy reported that the meeting is July 7, 2011.
d. Municipal Firefighters Pension Board
Councilman Pohlmann reported that a meeting is set for August 22.
e. Municipal Police Officers Retirement Trust
Vice Mayor Kennedy reported that the next meeting is set in August
f. General Employees General Retirement Trust
Mayor Green asked why they meet during the day.
Report was given previously in this meeting by John Shelley.
h. Volusia Council of Governments (VCOG)
Mayor Green will provide a report.
i. Volusia League of Cities
Mr. Parker advised that there is a meeting July 28 in Daytona Beach.
Councilman Burnette reported that the Arthaus has received a grant.
k. Port Orange/South Daytona Chamber of Commerce
Councilman Burnette reported that Friday at 8am there will be a Mix and Mingle. They are continuing to visit businesses, most recently at the business park on Williamson. Chamber membership is up.
l. Golf Course Board of Directors
The golf report was previously given in this meeting by Kempersports.
m. Communications Interlocal Agency (CIA)
Mayor Green advised that information is out on the transition.
Mr. Parker advised everyone that the 4th of July festivities are on and will include fireworks.
Mayor Allen Green
Kenneth W. Parker, City Manager