REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JULY 19, 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
BOARD APPOINTMENTS AND INTERVIEWS
4. Board appointment
a. Charter Review Board
Motion made to appoint Stan Hetrick to the Charter Review Board made by Councilman Ford and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
b. Volusia Transportation Planning Organization (Bicycle Pedestrian Advisory Committee)
Mary Martin appeared before Council and recommended that they appoint Colleen Nicoulin to serve on BPAC.
Motion to appoint Colleen Nicoulin to the Volusia Transportation Planning Organization’s Bicycle Pedestrian Advisory Committee made by Councilman Burnette and Seconded by Councilman Ford. Motion carried unanimously by voice vote after no public comments.
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 Town Center CRA adjourned at 7:49 p.m.
EASTPORT CRA MEETING
The Eastport CRA meeting convened at 7:51 p.m., which minutes are under separate cover.
The City Council reconvened at 8:10 p.m.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Ted Noftall spoke regarding the blackout on the fire contract. He wants Mayor Green to “show his cards” to the citizens. Discussion was held relating to 175 and opting out of the plan. Attorney Roberts advised Mayor Green that the law limits the discussion on negotiations and cautioned Council on having further discussions.
5. Approval of Minutes
a. June 28, 2011 – Special City Council Meeting (Budget Workshop)
b. June 28, 2011 – Regular City Council Meeting
6. Project Status Report
7. Staff Reports - Building Activity Report and Monthly Development Activity Report for May and June, 2011.
8. Waive Formal Bid Procedures for Perennial Grass
9. Victims of Crime Act (VOGA) Grant
10. Extend Concrete Contract (Bid #09-15)
11. Approval to Piggyback Bay County BOCC contract for Purchasing cards
12. MetLife Dental Contract Proposal
13. Amendment to the Interlocal Agreement for the Transfer of a 30% undivided interest in property to Volusia County
14. City Attorney’s Report
Mayor Green requested that item #10 be pulled for further discussions.
Motion to approve Consent Agenda items #5-9 and 11-14 made by Councilman Burnette and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
Item #10: Mayor Green requested a report on previous concrete work done by this company.
Motion to approve Consent Agenda item #10 made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
REPORT FROM ADVISORY BOARD
Bobby Ball was unable to attend the meeting. No report was given.
FINANCE (John Shelley)
16. Resolution No. 11-30 - Budget Appropriations
RESOLUTION NO. 11-30
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.
Mayor Green read Resolution No. 11-30.
Motion to approve Resolution No. 11-30 made by Vice Mayor Kennedy and Seconded by Councilman Burnette. Motion carried unanimously by roll call.
COMMUNITY DEVELOPMENT (Wayne Clark)
17. Special Exception for an Off-site Parking Lot in the “RD” Zoning District-Brendan Galbreath, 4085 Ridgewood Ave. Case no. 11-70000002
Gwen Perney, Principal Planner, explained special exception and Staff recommendation.
Jenny Farr, owner of adjoining property to the old Chi Ling building, says she is concerned about parking. The applicant has worked with her, but she is now having problems with the apartment complex. She says people walk through her yard and she would like assistant in stopping them. She wants to make sure Aunt Catfish people don’t walk through her property, too. Mayor Green explained that he walked the property and thought it would be difficult for the City to handle, but Staff will take a look. Councilman Ford suggested that they talk to the police. Mr. Parker advised they talk to Wayne Clark, Community Development Director.
Motion to approve special exception as recommended by Staff made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
PARKS AND RECREATION (Susan Lovallo)
18. Resolution No. 11-29- Piggybacking City of Ormond Beach’s Agreement with Sunshine State Officials Association, Inc. to provide youth and adult sports officials (umpires and referees) for the various athletic programs sponsored by the City of Port Orange
RESOLUTION NO. 11-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, TO AUTHORIZE AND APPROVE PIGGY-BACKING THE AGREEMENT BY AND BETWEEN THE CITY OF ORMOND BEACH AND THE SUNSHINE STATE OFFICIALS ASSOCIATION, INC., TO PROVIDE SPORTS OFFICIALS FOR THE VARIOUS ATHLETIC PROGRAMS SPONSORED BY THE CITY OF PORT ORANGE; AUTHORIZING PAYMENT THEREFOR; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Resolution No. 11-29.
Motion to approve Resolution No. 11-29 made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
PUBLIC SAFETY (Jerry Monahan)
19. Proposed Mandatory Spay or Neuter Ordinance
Mr. Parker explained that several area cities have enacted this same ordinance. Jerry Monahan, Public Safety Director, explained the main points of the proposed ordinance. He advised that enforcement of the ordinance will be on contact because of a complaint (reactive, not proactive). Vice Mayor Kennedy agrees with the proposed ordinance and believes the City has a huge problem with unloved and unwanted animals. Councilman Pohlmann also supports the proposed ordinance. Councilman Burnette is concerned about the enforcement issue. He believes there is a bigger problem with the feral cat population. He wants to discuss trap, neuter, and release. He asked about the unaltered animal permit. Jerry Monahan said a process is needed. Mr. Parker explained that other cities have already enacted the process and Staff will follow their rules. Councilman Ford is concerned about the expense on animal owners. He doesn't like the idea that the ordinance won’t be enforced. He is also concerned about the feral cats. Mr. Parker reminded Council that City Staff did not bring this to Council, rather Council asked for the item to be brought up for discussion.
Pat Mihalic, Concerned Citizens for Animals addressed council advising that $2.5 million is spent each year to kill animals in Volusia County. She explained that it is healthier for the animals to be spayed and neutered and advised that the wording should be changed as to breeders.
Councilman Burnette asked how many animals get euthanized in Volusia County annually. Ms. Mihalic responded 21, 000.
Stan Hetrick asked if the $2.5 million is county-wide or city. Ms. Mihalic said county-wide. Mr. Hetrick advised that the ordinance does not address exotic pets. He doesn't support the mandatory ordinance.
Mr. Parker explained that the County's spay and neuter bus has been in Port Orange several times at fire station #73. Mr. Hetrick advised every Friday the Pet Vet is available.
Vice Mayor Kennedy agrees that it is taking away some people’s decision making. He relates it to the seat belt law. People chose not to wear their seat belts until it was the law even though they knew it was better for them.
Councilman Pohlmann advised that PETA supports the ordinance, and statistics show that euthanizing animals declines with these laws in place. He believes it’s the right thing to do.
Councilman Burnette supports the ordinance.
Councilman Ford wants Council to take it seriously if they want to implement it. He believes the City will need an additional clerk and officer to implement and enforcement of the ordinance. He doesn't think this should be what is important, rather feral cats should be the issue. He believes this is “feel good” government and he does not support it.
Mayor Green wants POPD to educate people. He suggested the use of VIPS. He doesn't want it to be expensive for pet owners. Mayor supports the ordinance.
Mr. Parker advised that Staff will look at the administrative process. Attorney Roberts will tighten up the language.
20. Crime Report - Moved to the July 26, 2011 Agenda
21. Comments/Concerns from Council Members
Councilman Burnette advised that South Daytona has voted to go into the utility business.
Councilman Pohlmann asked Mr. Parker about the solid waste contract. Mr. Parker explained that the contract was written but Council asked for changes. Councilman Pohlmann asked about CNG stations. Mr. Parker advised that he has a meeting with Veolia coming soon. Councilman Pohlmann asked about the City waiting to purchase any vehicles. Mr. Parker advised that nothing will be purchased until Spring 2012.
Vice Mayor Kennedy advised that a resident contacted him who is having an issue that he is being required to put plants down his new driveway. Mr. Parker advised that Staff will find out more and check on it. Vice Mayor Kennedy gave the resident Wayne Clark's name and number. Vice Mayor Kennedy asked if they can get a Council calendar emailed to them.
Mayor Green wants code enforcement on weekends to pull signs, including real estate signs.
Mr. Parker reminded Council that Tuesday, July 26th at 5:30pm is a CIP workshop, and other upcoming dates, including the Saturday all day budget workshop on July 30, 2011 at 9am. And August 2, 2011 at 6pm is the National Night Out Against Crime, there will be no early meeting.
Mayor Green asked that a proclamation be prepared for John Decarie for his service on the BPAC.
Mayor Allen Green
Kenneth W. Parker, City Manager