REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
AUGUST 2, 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. PogTV Film Festival Winners
POGTV film festival winners presented with award by Kent Donahue, Special Assistant to the City Manager. Mr. Parker thanked Mr. Donahue for securing the outside funding needed to have the program and thanked the participants.
CITIZEN PARTICIPATION (Agenda)
5. Volusia County Health Department – Flavored Tobacco
Dr. Bonnie Sorensen, Director & Rakinya Hinson, Program Manager, Volusia County Health Department, along with several students presented material and program regarding flavored tobacco. SWAT group and Volusia County Health Department are requesting that the City enter a resolution to ban the sale of flavored tobacco.
Vice Mayor Kennedy supports Council entering an ordinance.
Councilman Pohlmann thanked the students for attending and he also supports an ordinance.
Councilman Burnette supports an ordinance and encouraged the students to stay involved.
Councilman Ford supports the ordinance.
Mayor Green thanked the students for getting involved and doing what’s right.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Amy Spies, resident, asked Council to extend the smoking ban to the dog park.
Councilman Ford opposes tobacco use but if Council won’t enforce the ordinance he doesn’t want it.
Councilman Burnette supports the ordinance, or a compromise of a smoking area, but also wants it enforced.
Councilman Pohlmann supports banning tobacco products from all City properties.
Vice Mayor Kennedy agrees that it needs to be enforced. He thinks the City could put up a sign asking for consideration.
Mayor Green would like to look at an ordinance to ban smoking.
Mr. Parker advised that the City has been successful at other properties.
Mike Pryor, resident, asked Council to place a moratorium on impact fees. Mayor Green invited Mr. Prior to attend the workshop regarding impact fees on August 23, 2011.
Peter Pirollo, resident, discussed water/sewer fees incurred at his residence. Mr. Parker said Staff can take care of the sewer bill since he filled the pool.
Stan Schmidt, Volusia County School Board Chairman, discussed redistricting in Volusia County. He advised Council of the meeting on Thursday. Mr. Schmidt and Council reviewed all 12 maps on the County’s website. Councilman Ford asked to have Port Orange in the same district rather than split in two. Discussion was held regarding all 12 maps. The consensus of Council is for Mr. Schmidt to recommend plan 10 and plan 9. Shannon Lewis will prepare a letter for Mr. Schmidt to submit.
6. Approval of Minutes
a. July 19, 2011 – Regular City Council Meeting
7. Construction Activity Report
8. Revalidation for “Piggyback” of City of Orlando Bid #BI09-2539-2 for Pump and Motor Repair Services awarded to Stewarts Electric Motor Works, Inc.
9. Approval to Waive Purchasing Policy Guidelines to utilize Nidy Sports Construction Company, Inc. for the thirty-six foot (36’) court construction and blended lines at Airport Road Park as part of USTA’s 100% grant stipulation.
10. Florida League of Cities Voting Delegate
Motion to approve Consent Agenda items 6-10 made by Councilman Pohlmann and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
11. Environmental Advisory Board – quarterly report
Jim Meadows was unable to attend. The written report was accepted by Council.
FINANCE (John Shelley)
12. Resolution No. 11-34 – FY12-FY17 Capital Improvement Program (CIP)
Mayor Green read Resolution No. 11-34.
RESOLUTION NO. 11-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING A SIX YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF PORT ORANGE FOR FY 2011-2012 THROUGH FY 2016-2017; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 11-34 made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
13. FPL Facility Relocation at the Intersection of Spruce Creek Road & Dunlawton Ave.
Motion to approve as presented by Staff made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried by 4-1 vote. Mayor Green voted no.
ADMINISTRATION (Ken Parker)
14. City’s smoking restrictions
Mr. Parker discussed the City's smoking restrictions and the new restrictions with the county buildings. The question for Council is do you want to expand the zone to include the entrances of the City buildings.
Vice Mayor Kennedy supports the extension to include the entrances of the buildings.
Councilman Pohlmann supports no smoking on any City owned property.
Councilman Burnette supports no smoking on all City owned property.
Councilman Ford is concerned about longer breaks because of employees going away from the building to smoke. Councilman Ford agrees to authorize Staff to put a policy in effect to control the smoke around the main doors.
Mayor Green believes the City will lose time from employees either way because of the health issues common with smokers. He doesn't support smoking on City property.
15. Comments/Concerns from Council Members
Councilman Burnette asked what Council's role is for emergency management. Mr. Parker advised that they are there to adopt policies when needed.
Mr. Parker gave background relating to the Veolia CNG site. Warren Pike, Public Works Director, addressed Council and advised the Council of the update for the CNG site. The time constraints were the main issue. Bill Stublebine, Veolia representative, addressed Council and advised that Veolia would miss the deadline if they move their site to Port Orange. He advised that the trucks and other equipment are on order and will be in place for the current December 31, 2011 deadline. He would request the deadline extended to March 31 if Council wants the site moved to Port Orange. Vice Mayor Kennedy supports an extension for Veolia as long as it can be done legally. Councilman Pohlmann agrees, wants to work with Veolia on the transfer to CNG. Councilman Burnette also agrees. Councilman Ford believes the City should get more benefit because of the higher price. Attorney Roberts asked Mr. Stublebine questions relating to their commitment and the extension requested. The consensus of Council is to work with Veolia on the legal terms so that an extension can be made legally and the CNG site can be placed in Port Orange.
Mayor Allen Green
Kenneth W. Parker, City Manager