REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JULY 26, 2011
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:05 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
Boy Scout Troop 441 introduced themselves-Gary Sault, Scoutmaster. Council members all thanked the Troop for attending and encouraged them to continue to the Eagle Rank.
SPECIAL PRESENTATIONS, RECOGNITIONS, AND PROCLAMATIONS
4. Recognition Awards – Police Department Award of Achievement
Jerry Monahan, Public Safety Director, and Wayne Miller, Assistant Police Chief, presented awards to two officers for Award of Achievement. Council thanked officers for their service.
5. Recognition Awards - Police Department Award of Merit
Item moved to 8/16/11 Agenda.
6. Report from
KemperSports Management regarding Cypress Head Golf Course
Report given by Mike Collins, Ricardo Catarino and Dennis Pickavance. Cypress Head was voted best golf course in Volusia County by News-Journal.
CITIZEN PARTICIPATION (Agenda)
7. Faith DesLauriers – Sewer project at Nixon Lane
Faith DesLauriers addressed Council regarding the Nixon Lane project and the impact and connection fees the residents will be incurring when the project is complete. Mayor Green said Staff will contact the homeowners to schedule a meeting and work on a plan for payment.
Gail Boudreau addressed Council regarding flooding on her property on Nixon Lane. Mayor Green addressed her concerns and advised that Staff will contact the residents to meet with them and discuss a plan.
Mike McKena addressed Council and wants Council to work with him as well. Mayor Green said Staff will work with all of them.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Jodi Hunt, Director of Community Affairs of Florida Hospital was introduced by Mayor Green. She advised Council that a new imaging and rehab facility is coming to the Pavilion.
Ted Noftall asked if there was any news on the fire actuary. Mr. Parker explained that the reports were not acceptable to the State. The City has asked the fire pension board to meet immediately to address the issue. The City’s actuary was discussed.
8. Approval of Minutes
a. July 12, 2011 – Special City Council Meeting (Solid Waste Bid Protest)
9. Project Managers’ Report
10. Solar Power Project Change Order to Contract – Quentin L. Hampton Associates, Inc.
11. Solar Power Project Change Order to Contract – H.J. High Construction Company
Mayor Green pulled items #10 and #11.
Motion by Councilman Burnette to approve Consent Agenda items #8 and #9, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Mr. Parker advised Council that the proposal (item #11) is changed from the bid specs and Staff cannot recommend approval. FPL project discussed.
Motion to reject item #11 by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
Item #10 was withdrawn by Staff. Consensus of Council was to accept the withdrawal of item #10.
FINANCE (John Shelley)
12. Resolution No. 11-31 – Energy Charges
RESOLUTION NO. 11-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING ENERGY FEES FOR WATER, SEWER, AND RECLAIMED WATER SERVICES SUPERSEDING PRIOR RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Resolution No. 11-31.
Motion to approve Resolution No. 11-31 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
13. Resolution No. 11-32 – City of Port Orange Conservation Cost Share Project with St. John’s River Water Management District
RESOLUTION NO. 11-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO APPROVE AND EXECUTE THE WATER CONSERVATION COST-SHARE AGREEMENT BETWEEN ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF PORT ORANGE; PROVIDING AN EFFECTIVE DATE.
Mayor Green read Resolution No. 11-32.
Motion to approve Resolution No. 11-32 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
14. SRF Loan DW6413010 – Amendment 4
Attorney Roberts advised that a resolution may be needed and asked that the motion include language to approve a resolution should it be needed.
Motion to approve Amendment 4 of the SRF loan agreement and authorize a resolution should it be needed made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
15. Monthly Financial Report
John Shelley, Finance Director, gave the monthly financial report for June 2011. YMCA and Cypress Head Golf reports are included.
COMMUNITY DEVELOPMENT (Wayne Clark)
16. Second Reading – Ordinance No. 2011-11 – Rezoning/216 acres (portion of Woodhaven/Stanaki PUD) east of I-95, west of the Spruce Creek Preserve, south of Spruce Creek, Case No. 11-6000001
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.
Mayor Green read Ordinance No. 2011-11.
Motion to adopt Ordinance No. 2011-11 on second reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
PUBLIC SAFETY (Jerry Monahan)
17. Crime Report
Jerry Monahan, Public Safety Director, presented the crime report. Chief Monahan advised Council that the correct homicide number should be one, not two. He explained that the simple assault crimes are mostly from domestic cases, and are not random. Chief Monahan explained the criminal activity in certain areas, as well as the police department’s response to the activity. He advised that the City of Port Orange has the lowest crime rate in the county.
Chief Monahan reminded Council and citizens that August 2nd from 6-8pm is National Night Out Against Crime at City Center.
CITY MANAGER (Ken Parker)
18. Resolution No. 11-33 - Perpetual easement to FDOT for Parcel 809 required for Interstate 4 Widening Project
RESOLUTION NO. 11-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, FLORIDA, GRANTING A PERPETUAL EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OVER A PORTION OF THE SOUTHWEST ¼ OF SECTION 26, TOWNSHIP 16 SOUTH, RANGE 31 EAST, VOLUSIA COUNTY, FLORIDA FOR TRANSPORTATION PURPOSES WHICH ARE IN THE PUBLIC INTEREST AND WILL SERVE THE PUBLIC WELFARE; AUTHORIZING EXECUTION OF THE DONATION LETTER AND PERPETUAL EASEMENT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CLOSING DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Green read Resolution No. 11-33.
Motion to approve Resolution No. 11-33 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
19. Approval of FY 2011 – FY 2015 Community Development Block Grant (CDBG) Consolidated Plan and FY 2011 Annual Action Plan
Donna Steinebach, Assistant to the City Manager, presented the CDBG Consolidated Plan for FY2011-15 and FY2011 Annual Action Plan and explained the types of usage.
Motion to approve plans by Councilman Ford, and Seconded by Councilman Burnette.
Ted Noftall addressed Council and asked them to reject the CDBG program completely.
Motion carried 4-1 by roll call vote, with Mayor Green voting no.
20. Acceptance of the donation of lots in Sugar Forest Phase III subdivision from the HOA
Mr. Parker advised Council that the HOA is in the process of dissolving and wants to donate their common areas to the City. Discussion was held relating to the actual lot(s) and which HOA is involved. Mr. Parker discussed his legal concerns in transferring the properties to the City.
Councilman Ford suggests the City accept the property if the HOA is not going to take care of it. He prefers that the HOA keep it but if they are going to dissolve, he feels the City should take it.
Councilman Burnette feels the City should be careful in taking over property from an HOA but would consider it.
Councilman Pohlmann is hesitant to take over a property in an HOA.
Vice Mayor Kennedy questioned what the advantage is to the City.
Mayor Green explained that there is going to be a cost to the citizens whether or not the City owns the property if it is not maintained by the HOA. Mayor Green wants to know what can be done with the property before Council decides to take the property or not.
Council agrees to have Staff research the legal concerns before a decision is made.
21. Comments/Concerns from Council Members
Vice Mayor Kennedy asked about mowing frequencies. Mr. Parker explained the increases in frequencies and the pricing.
Councilman Burnette also questioned the maintenance of the medians. He wants to maintain what the City already has rather than putting in a bunch of money to replace trees and shrubs.
Mr. Parker asked if Council would authorize Staff to accept the pricing quote for additional mowings. Council agreed.
Mayor Green said he wants orange stripes for the police cars and he wants street numbers addressed.
22. City Council Committee Reports
Mr. Parker reported that a meeting will be held in August.
Councilman Ford reported that the next meeting will be held in August. July’s meeting was cancelled.
Vice Mayor Kennedy advised that he was unable to attend the last library meeting.
Councilman Pohlmann reported that the next meeting is a special meeting regarding the State’s rejection of the reports set for August 4, 2011 at 2pm. The regular meeting is August 22, 2011.
Vice Mayor Kennedy reported that the next meeting is in August.
Councilman Ford reported that there is a bid out for an actuary and the last meeting consisted of a presentation from public employees union.
Mayor Green advised that the report was done earlier in the meeting by John Shelley. Councilman Pohlmann also advised that there was no meeting in July. The next one is in August.
Mayor Green reported that there was no VCOG meeting.
Mayor Green advised that the next meeting is Thursday.
Councilman Burnette reported that there is ongoing summer camp for kids. There was no quorum in July but they discussed their financial position.
Councilman Burnette reported that the Putt and Crawl is Friday night from 6-9pm; Food Fun and Drink is $15; Aug 26th is the Chamber retreat and planning session.
Mayor Green advised that the Golf report was given earlier in the meeting by Kemper Sports.
Mayor Green reported that the next meeting is Thursday at 9am.
Mr. Parker reminded Council and the Citizens of the Saturday Budget workshop beginning at 9am. Coffee will be served at 8:30.
Mayor Allen Green
Kenneth W. Parker, City Manager