REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

AUGUST 23, 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

 

Silent Invocation

 

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.    Local Business Spotlight by Port Orange/South Daytona Chamber of Commerce

 

Debbie Connors introduced Tina Bloeser, Store Manager of Belk in the Port Orange Pavilion. Ms. Bloeser explained that Belk believes in community involvement. Mayor Green welcomed Ms. Bloeser and the Belk store.

 

SPECIAL REPORTS

 

5.    Report from KemperSports Management regarding Cypress Head Golf Course

 

Golf report was given by Mike Collins. Revenues are up 1% over budget for the month. Mr. Collins advised Council of special events coming up to help with revenues.

 

BOARD APPOINTMENTS AND INTERVIEWS

 

6.    Board Appointment

 

    1. Civil Service Board

 

Anna Ianchello introduced herself to Council and advised that she is interested in serving on the Civil Service Board.

 

Motion to appoint Mrs. Ianchello made by Councilman Ford and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

CITIZEN PARTICIPATION (Agenda)

 

7.    Commonwealth Estates (Pete Edgar) – Appreciation of City

 

Pete Edgar, Commonwealth Estates, presented Mayor Green and Council Members with a plaque saying thank you for their help making their neighborhood better.

 

8.    Jenny Curtis - Chickens

 

Josh and Jenny Curtis introduced themselves to Council and advised that they are asking for a permit or variance to keep their hens for educational purposes in a residential zoned area. Mrs. Curtis explained the educational program. Mayor Green advised that in the past the Council has not allowed chickens in residential areas. Vice Mayor Kennedy advised that in the twenty years of working on boards and council this subject has come up from time to time but he cannot support a variance. Councilman Pohlmann appreciates their efforts but does not support a variance and will support what is on the books currently. Councilman Burnette agrees with Councilman Pohlmann. He is not prepared to set a new precedence. He supports the current zoning. Councilman Ford disagrees with the rest of the Council. He doesn't see that this would be harmful to other residents. He would support a variance with a limited number of four. Mayor Green advised that he has been through discussions relating to pigs, horses, chickens, and other farm animals. He does not support a variance.

 

Motion made by Councilman Ford to approve a variance, and seconded by Vice Mayor Kennedy.

 

Mr. Curtis requested to maintain at least one chicken for educational purposes and especially help with children with disabilities.

 

Motion denied with a vote of 1-4, Councilman Ford voted yes, all others voted no.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Ted Noftall introduced himself and advised that he is running for District 28, Republican nomination for House of Representative. Mayor Green wished him luck. Councilman Pohlmann supports and congratulated Mr. Noftall on his campaign. Vice Mayor Kennedy wished him luck.

 

CONSENT AGENDA

 

9.    Approval of Minutes

a.    August 16, 2011 – Regular City Council Meeting

10. Project Managers’ Report

11. Bid Award for the Construction of the Russell Property Floating Dock and ADA Ramp System – Bid No. 11-07

 

Councilman Ford pulled Consent Agenda Item #11 for further discussion.

 

Motion to approve Consent Agenda Item #9 and 10 made by Councilman Burnette and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

#11 – Councilman Ford does not like getting one bid. He feels the bid is too high and doesn't agree with the second bid being thrown out. He thinks Staff should have called the second bidder and have them come fill in the document correctly. Mayor Green explained that the project is specialized. He would like to reject the bid. Kent Donahue, Special Assistant to the City Manager, explained that the project is funded through FIND and an extension is being requested at another meeting tonight. The current deadline is September 1, 2011. Mayor Green asked Mr. Parker to ask Sanctuary for access. Councilman Ford believes the bid is not a good idea in these economic times. Mr. Parker advised that Staff can bring the item back after the County votes on the extension. Councilman Burnette believes there is a need for access to the water. He concurs with rejecting the bid. Councilman Pohlmann asked about the second bid. Mr. Parker advised that they did not appeal their disqualification. Vice Mayor Kennedy agrees with the concerns.

 

Motion to table Consent Agenda Item #11 until Sept. 6, 2011 made by Councilman Pohlmann, and Seconded by Burnette. Motion carried unanimously by roll call vote.

 

REPORT FROM ADVISORY BOARD

 

12. Citizen Advisory Committee for TPO

 

Bobby Ball presented the TPO report to Council.

 

FINANCE (John Shelley)

 

13. First Reading – Ordinance No. 2011-15 – Amendment to Code of Ordinances of the City of Port Orange, Florida Chapter 56, Section 29 to allow for the establishment of solid waste energy fee and solid waste landfill fee

 

RESOLUTION NO. 2011-15

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 56, SOLID WASTE, ARTICLE 29 OF THE CODE OF ORDINANCES RELATING TO SERVICE CHARGES AND RATES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-15.

 

Motion to pass Ordinance on First Reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Energy and landfill fees were discussed. Ted Noftall addressed Council regarding the landfill fee. Mr. Parker advised that the actual landfill fee charged by the county will be charged to the citizens. There is no markup from the City. If the amount is too high, Staff will request Council lower the fee. Mr. Parker advised that Staff will report to Council after the first quarter. Mr. Noftall asked about the commercial vs. residential administrative costs.

 

Motion carried unanimously by roll call vote

 

14. Resolution No. 11-37 –CDBG Operating and Procedures Manual

 

RESOLUTION NO. 11-37

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL TO APPROVE THE AMENDMENT OF THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) OPERATING AND PROCEDURES MANUAL; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor read Resolution No. 11-37.

 

Motion to approve made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

 

15. Resolution No. 11-38 - Revising rates for garbage, recycling, and yard waste, and implement a new energy charge and landfill fee, thereby replacing and superseding Resolution 09-43, “conditioned upon approval of the change to solid waste code of ordinance subsection 56-29 (f) and (g) establishing the energy charge and landfill fee”.

 

RESOLUTION NO. 11-38

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING REVISED SERVICE CHARGES AND RATES FOR COLLECTION AND DISPOSAL OF GARBAGE, RECYCLABLE MATERIAL AND YARD WASTE; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Resolution 11-38.

 

Motion to approve amended Resolution No. 11-38 with effective date October 1, 2011 made by Councilman Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote.

 

16. Monthly Financial Report

 

John Shelley, Finance Director, presented the financial report and was available for questions. The YMCA report and Golf report are both included.

 

PUBLIC SAFETY (Jerry Monahan)

 

17. First Reading - Ordinance No. 2011-16- Amending Sections 58-52(2), 58-51(9) and 58-55 relating to Firearms

 

 

ORDINANCE NO. 2011-16

 

AN ORDINANCE FO THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III RELATING TO SPECIAL EVENTS; AMENDING SECTION 58-51 DEFINITIONS; AMENDING SECTION 58-55 RELATING TO PROCEDURES; AMENDING SECTION 58-59 RELATING TO CONDUCT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-16.

 

Motion to pass Ordinance No. 2011-16 on first reading made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Mr. Parker explained that the Florida Statutes have changed this year and these ordinances bring our codes into compliance.

 

Motion carried unanimously by roll call vote.

 

18. First Reading - Ordinance No. 2011-17- Amending Section 26-6.3(c)(1) relating to Firearms

 

ORDINANCE NO. 2011-17

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, CHAPTER 26, ARTICLE I RELATING TO EMERGENCY MANAGEMENT; AMENDING SECTION 26-6.3(C)(1) TO ADD CITATION TO FLORIDA STATUTES PROVIDING AUTHORITY FOR THE PROHIBITION OF FIREARM SALES DURING AN EMERGENCY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-17.

 

Motion to pass Ordinance No. 2011-17 on first reading made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

19. First Reading - Ordinance No. 2011-18– Repealing Section 46-4 relating to Firearms

 

ORDINANCE NO. 2011-18

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REPEALING CHAPTER 46, ARTICLE I RELATING TO OFFENSES IN GENERAL; SECTION 46-4 RELATING TO DISCHARGING FIREARMS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-18.

 

Motion to pass Ordinance No. 2011-18 on first reading made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

 

20. First Reading - Ordinance No. 2011-19– Amending Section 18-196 relating to Firearms

 

ORDINANCE NO. 2011-19

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 18, ARTICLE VII RELATING TO SECOND HAND DEALERS; AMENDING SECTION 18-196 TO REMOVE THE TERM FIREARMS FROM THE DEFINITION OF SECONDHAND PROPERTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-19.

 

Motion to pass Ordinance No. 2011-19 on first reading made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

 

21. First Reading - Ordinance No. 2011-20– Repealing Chapter 38, Article III relating to Firearms

 

ORDINANCE NO. 2011-20

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REPEALING CHAPTER 38, ARTICLE III RELATING TO THE DISPOSAL OF FIREARMS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-20.

 

Motion to pass Ordinance No. 2011-20 on first reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.

 

CITY MANAGER (Ken Parker)

 

22. Resolution No. 11-36 – Urging Tobacco Retailers to Stop the Sale and Marketing of Flavored Tobacco Products in the City of Port Orange, FL

 

RESOLUTION NO. 11-36

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA URGING TOBACCO RETAILERS TO STOP THE SALE AND MARKETING OF FLAVORED TOBACCO PRODUCTS AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Resolution No. 11-36.

 

Motion to adopt Resolution No. 11-36 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Students introduced themselves to Council. Mayor Green thanked the students for their efforts. Vice Mayor Kennedy seconded Mayor Green's remarks. Councilman Pohlmann commended the students for taking action on what they believe in. Councilman Burnette appreciates their involvement. Councilman Ford also thanked them. Mrs. Hinson introduced herself to Council.

 

Motion carried unanimously by roll call vote.

 

23. Consolidated Broadcasting System – Cooperation Agreement

 

Mr. Parker requested that the item be withdrawn. Item will be brought back on September 6, 2011. Consensus of Council was to allow withdrawal.

 

COUNCIL COMMENTS

 

24. Comments/Concerns from Council Members

 

Councilman Ford advised that Eastport mowing is rough. Mr. Parker advised that the HOA has advertised for bids so it should get corrected soon. Councilman Ford asked about compact car parking at a new establishment. He asked that Staff to look at the code. Councilman Ford was impressed with the care and condition of the Russell property and asked if Riverwalk could be turned over to the Parks Department for maintenance. Mr. Parker advised he will provide more information about a problem with the contractor at Riverwalk.

 

Councilman Burnette asked Mr. Parker about debris in the medians. Councilman Burnette advised that the county council and school board met to discuss the re-do regarding the redistricting issue. There was no consensus other than another meeting is being held September 6, 2011 at 9am regarding the redistricting only.

Councilman Pohlmann asked about the fire hydrant maintenance. Mr. Parker requested a report from Staff and will provide that to Council.

 

Vice Mayor Kennedy reminded citizens to prepare themselves for storms. He met with local firefighters recently and advised Council and citizens that the firefighters are bringing the pink fire truck on September 30, 2011 from noon - 3pm.

 

Mr. Parker advised Council that correspondence has gone out to the landscape contractor relating to their level of service of mowing and litter control. Mr. Parker gave updates on various other projects.

 

25. City Council Committee Reports

 

a.    City Investment Committee

 

Vice Mayor Kennedy – Mr. Parker advised that they do not expect changes in interest rates.

b.    Transportation Planning Organization (TPO)

 

Councilman Ford reported that all school safety areas are completed. He asked for a presentation from the board on the findings and wants City Staff to look at the reports and advise Council. Sunrail was discussed at the TPO meeting.

c.    Library Advisory

 

Vice Mayor Kennedy advised that there was no meeting.

d.    Municipal Firefighters Pension Board

 

Councilman Pohlmann reported that the Fire Pension Board voted (3-2) to pay the additional cost to the auditor. The stock market expected return dropped from 20% to 3-4% assumed rate of return. Aug 4th meeting reduced rate from 8.5% to 8%. The state's rate is 7.75%. He doesn't see any improvements coming in the near future or long term. The unfunded liability continues to grow.

e.    Municipal Police Officers Retirement Trust

 

Vice Mayor Kennedy reported that the rate of return for the Police Pension fund is at 8.0% but state is at 7.75%. The State is requiring actuaries to do plan at both rates.

f.     General Employees General Retirement Trust

 

Councilman Ford reported that the General Employees Retirement Fund contracted with an actuary (same one as previously contracted). They had interviewed three.

g.    YMCA

 

Councilman Pohlmann advised that report was given by John Shelley, Finance Director.

h.    Volusia Council of Governments (VCOG)

 

Mayor Green asked Mr. Parker to invite Morgan Gilreath to a meeting.

i.      Volusia League of Cities

 

Mayor Green reported that there is nothing to report at this time.

j.      ArtHaus

 

Councilman Burnette reported that summer art camps are finished, after school classes have begun, and they are looking for sponsors for sidewalk art show.

k.    Port Orange/South Daytona Chamber of Commerce

 

Councilman Burnette reported that the planning retreat is Friday, August 26, 2011.

l.      Golf Course Board of Directors

 

Mayor Green advised that the Golf report was given by KemperSports

m.   Communications Interlocal Agency (CIA)

 

CIA meeting on Thursday.

 

ADJOURNMENT:    9:06p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager