REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

SEPTEMBER 6, 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 Donald Burnette

Councilman Bob Pohlmann

                                                                        Vice Mayor Dennis Kennedy

                                                                        Mayor Allen Green

 

                                    Absent                       Councilman Bob Ford

 

                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk

 

PUBLIC HEARING

 

4.    Discussion of Proposed Millage Rate FY 11/12

 

Mayor Green announced that the public hearing will be on the millage rate and budget for the City, Town Center CRA, and Eastport CRA. Councilman Pohlmann gave kudos to City staff for keeping the millage rate the same as last year, which reduces citizen’s tax burden. Vice Mayor Kennedy agrees, Port Orange is one of few that stayed the same.

 

Mayor Green asked for public comments. Ted Noftall addressed Council and asked that Council slash the millage rate. He believes that there is over a million dollars of "fluff" in the budget. Jim Cameron addressed Council, gave kudos to John Shelley for his help throughout the year, and Council for being transparent. Mr. Cameron commended Council for a number of changes made this year, including merging fire and police, energy conservation, etc.

 

Vice Mayor Kennedy had no changes to the proposed millage rate. Councilman Pohlmann also had no changes. He clarified a statement made that taxes bring in $45 million, that's not true, taxes bring in about $10 million in revenue for the City. Councilman Burnette and Mayor Green had no changes.

 

5.    Resolution No. 11-39 – Adopting the Tentative Millage Rate for FY11/12

 

Mayor Green read Resolution No. 11-39.

 

Motion to approve Resolution No. 11-29 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

 

Mayor Green announced the adopted tentative millage rate of 4.95 mills per $1,000.00 of valuation is less than the rolled-back rate, which reflects a 3.22% decrease in ad valorem tax revenues below the rolled-back rate.

 

6.    Resolution No. 11-40 – Adopting the Tentative Operating Budget for FY11/12

 

Mayor Green read Resolution No. 11-40.

 

Motion to approve Resolution No. 11-40 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

Mr. Parker explained that the budget includes the operating budget, does not include any salary adjustments, does include water and sewer funds, property leases (YMCA and Allen Green Center), building and permit fees; Federal dollars are included in this budget. Mr. Parker explained that the solid waste fund is also included in this budget, as well as the golf course revenues. Debt service payoffs will be brought to Council after year end.

 

Mayor Green asked for public comments.

 

Olivia Gallagher, addressed Council and asked about the $99 charge on her TRIM notice. Mr. Parker explained that it used to be a monthly charge until 2006 then it switched to yearly on the tax bill. She would prefer to pay it all at once so that her monthly house payment is lower. Mr. Parker advised her that arrangements could be made and John Shelley would contact her.

 

Motion carried by roll call vote (3-1), with Councilman Burnette voting no.

 

7.    Resolution No. 11-41 – Adopting the Tentative Capital Budget for FY11/12

 

Mayor Green read Resolution No. 11-41.

 

Motion to approve Resolution No. 11-41 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Mayor Green asked for public comments. There being none the vote was taken.

 

Motion carried unanimously by roll call vote.

 

8.    Resolution No. 11-42 – Adopting the Tentative Millage Rate for FY11/12 for Town Center CRA Tax Increment District

 

Mayor Green read Resolution No. 11-42.

 

Motion to approve Resolution No. 11-42 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

Mayor Green asked for public comments. There being none the vote was taken.

 

Motion carried unanimously by roll call vote.

 

9.    Resolution No. 11-43 – Adopting the Tentative Operating Budget for FY11/12 for Town Center CRA Tax Increment District

 

Mayor Green read Resolution No. 11-43.

 

Motion to approve Resolution No. 11-43 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Mayor Green asked for public comments.

 

Ted Noftall addressed Council and advised that he is concerned with amounts off budget. He feels salaries included in this resolution should be included in the general fund rather than this millage rate.  

 

Mr. Parker corrected Mr. Noftall that these funds are paying their prorated shares, and all amounts being charged go through this Council in open meetings as required by Florida Law.

 

Motion carried unanimously by roll call vote.

 

 

10. Resolution No. 11-44 – Adopting the Tentative Millage Rate for FY11/12 for Eastport CRA Tax Increment District

 

Mayor Green read Resolution No. 11-44.

 

Motion to approve Resolution No. 11-44 made by Councilman Pohlmann, and Seconded by Councilman Burnette.

 

Councilman Burnette wants to make sure Council gets a good return on their investment in Eastport. Vice Mayor Kennedy agrees and believes the City needs to get something moving.

 

Mayor Green asked for public comments. There being none the vote was taken.

 

Motion carried unanimously by roll call vote.

 

11. Resolution No. 11-45 – Adopting the Tentative Operating Budget for FY11/12 for Eastport CRA Tax Increment District

 

Mayor Green read Resolution No. 11-45.

 

Motion to approve Resolution No. 11-45 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.

 

Mr. Parker advised Council that the Property Owners Association has awarded a contract for the mowing and maintenance of the Eastport area. The problems with the landscape should be cleared up soon.

 

Mayor Green asked for public comments. There being none the vote was taken.

 

Motion carried unanimously by roll call vote.

 

Motion to direct the City Clerk to advertise as required by law made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

 

Mayor Green announced the following:

      “In addition to the forgoing general operating budget/millage levy, there is a voter approved millage levy of 0.0615 mills to fund the debt service for the 2003 general obligation bonds issued for public safety capital facilities”; and

      “In addition to the foregoing general operating budget/millage levy, there is a voter approved millage levy of 0.503 mills to fund the debt service for the 2006 general obligation bonds issued for public safety capital facilities.”

      “A Public Hearing will be held on September 20, 2011, at 7:00 P.M. in City Council Chambers at City Hall, 1000 City Center Circle, Port Orange, Florida, to discuss and adopt a final millage rate, the final operating and capital budget for FY 2011-12 for the City of Port Orange, the Community Redevelopment Agency for Port Orange Town Center and the Community Redevelopment Agency for Eastport Business Center.”

 

SPECIAL RECOGNITION, AWARDS, PROCLAMATIONS

 

12. John Decarie – TPO service

 

John Decarie addressed Council and advised why he is stepping down. Mayor Green thanked Mr. Decarie for his long time service. A proclamation was read and given to Mr. Decarie. Mr. Decarie thanked Mr. Parker for recruiting him.

 

BOARD APPOINTMENTS AND INTERVIEWS

 

13. Board Appointment

a.    Planning Commission

 

Motion to reappoint three (3) members to the Planning Commission: Robin Lasky, Richard Barker, and Shannon Booth made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Mayor Green called Robin Lasky up. Ms. Lasky explained the Board.

 

Mayor Green asked for public comments. There being none a vote was taken.

 

Motion carried unanimously by voice vote.

 

CITIZEN PARTICIPATION (Agenda)

 

14. Port Orange/South Daytona Chamber of Commerce Quarterly Report

 

Debbie Connors gave the Chambers’ report and thanked Council for their participation during the Chamber Retreat recently. Mayor Green asked if the Chamber and Council would be willing to have an Oyster festival on Riverwalk. Consensus of Council is yes. Robin Lasky advised that the Family Days Board would be willing to help with a seafood festival at Riverwalk.

 

Tom Jordan, President Elect, introduced himself to Council.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Wayne Wilcox addressed Council regarding an incident involving his neighbor recently. He advised that he attempted to call the non-emergency phone number for the police department but the number on the newsletter is the office manned only during regular business hours. Mr. Parker advised that he will check on the number listed on the newsletter.

 

Jim Cameron, Daytona Chamber, advised Council of upcoming meetings in the County.

 

CONSENT AGENDA

 

15. Approval of Minutes

a.            August 23, 2011 – Special City Council Meeting (Impact Fees)

b.            August 23, 2011 – Regular City Council Meeting

16. Construction Activity Report

17. Bid Award for Purchase of Water and Wastewater Treatment Chemicals

18. Approval to Piggyback Volusia County Contracts for Emergency Debris Removal

19. Memorandum of Understanding (MOU) between the City of Port Orange and the Police Benevolent Association (PBA) regarding Article 38 – Health, Safety, and Physical Fitness

 

Councilman Pohlmann pulled Consent Agenda Item #17 for further discussion.

 

Motion by Councilman Burnette to approve Consent Agenda Items 15, 16, 18, and 19, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

17. Councilman Pohlmann asked if this product is the product from China. Mike Ulrich, Assistant Director Public Utilities, explained that it is a worldwide company but this product is coming from Tampa.

 

Motion to approve Consent Agenda Item #17 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

 

 

 

TABLED ITEMS

 

20. Bid Award for the Construction of the Russell Property Floating Dock and ADA Ramp System – Bid No. 11-07 (Tabled from August 23, 2011)

 

Motion to remove item #20 from the table made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

Mr. Parker advised that the grant is extended until 9/1/12. Council can reject the bid and make necessary changes to get a more competitive bid if they so desire.  

 

Motion to reject the bid and rebid the item if necessary made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Mr. Parker advised Council that he has a meeting set for tomorrow (Sept 7, 2011) with the homeowners at Sanctuary regarding access through the back of their subdivision. Councilman Pohlmann asked if there is a requirement to have access to the property from the water. Mr. Parker said yes, it was a requirement of the grant, but not sure what, if any, the repercussions are. 

 

Motion carried unanimously by roll call vote.

 

Mr. Parker requested further discussion relating to the boat dock be held at the September 27, 2011 meeting. Consensus of Council is yes.

 

PUBLIC WORKS (Warren Pike)

 

21. First Reading – Ordinance No. 2011-22 – Award Roll-Off Franchise Agreement (Bid #11-20)

 

ORDINANCE NO. 2011-22

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING A NON-EXCLUSIVE FRANCHISE TO EACH OF THE FOLLOWING ENTITIES: SET MATERIALS, INC., VEOLIA ES SOLID WASTE SOUTHEAST, INC., FENCE SERVICE, INC., SAMSULA WASTE, INC., AND WASTE PRO OF FLORIDA, INC., FOR PROVIDING ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; OUTLINING FRANCHISEES’ DUTIES; PROVIDING TERMS AND CONDITIONS UNDER WHICH SUCH FRANCHISEES SHALL OPERATE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-22.

 

Motion to approve Ordinance No. 2011-22 on first reading made by Councilman Burnette, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call after no public comments.

 

Mr. Parker advised Council that there may be a bid protest coming.

 

22. First Reading – Ordinance No. 2011-23 – Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials

 

ORDINANCE NO. 2011-23

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO VEOLIA ES SOLID WASTE SOUTHEAST, INC., FOR PROVIDING COLLECTION AND DISPOSAL OF SOLID WASTE, YARD WASTE AND RECYCLABLE MATERIALS WITHIN THE CITY OF PORT ORANGE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green read Ordinance No. 2011-23.

 

Motion to approve Ordinance No. 2011-23 on first reading made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Councilman Burnette asked about the CNG facility. Mr. Parker advised that Veolia is in discussions with a Port Orange property owner at Commonwealth and Spruce Creek Roads. Attorney Roberts advised that some changes are being made to the contract but they expect it to be finalized before second reading of this ordinance. Discussion was held relating to the solid waste rates.

 

Motion carried unanimously by roll call vote.

 

ADMINISTRATION (Ken Parker)

 

23. Consolidated Broadcasting System – Cooperation Agreement (Continued from August 23, 2011)

 

Mr. Parker explained the item. Councilman Pohlmann supports the item. Councilman Burnette is good with being able to get information to citizens in a timely manner without competing with other cities.

 

Motion to approve Item #23 made by Councilman Burnette, and Seconded by Councilman Pohlmann. After no public comments, Motion carried unanimously by voice vote.

 

COUNCIL COMMENTS

 

24. Comments/Concerns from Council Members

 

Councilman Burnette advised Council that he would like for the Council on Aging to do a seminar in Port Orange like they are doing in Deland. Council agreed. Councilman Burnette asked them to do one in Port Orange, they said yes. The program is free. Councilman Burnette asked if the bid documents could include reference to the local preference ordinance so businesses are aware of it. He advised that the school board and County Council have not come to a consensus on the redistricting. Next Wednesday the County is meeting again and the school board was not invited. County Sheriff volunteers are doing parking enforcement. Councilman Burnette asked if our VIPS people could do the same. Mr. Parker said they already do. Councilman Burnette advised Council that the Arthaus is still looking for sponsors for sidewalk painting. He asked if dispatch is on track for shut down on Sept 30. Mr. parker said yes.

 

FINANCE (John Shelley)

 

25. Florida Power & Light Interconnection Agreement for Customer-Owned Renewable Generation

 

Mr. Parker explained the item to Council. Attorney Roberts explained what is included in the agreement relating to indemnity limits.

 

Motion to approve item #25 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote after no public comments.

Attorney Roberts asked Council:

Does the City Council wish to maintain its practice of requiring general liability insurance when the owner applies for a License Agreement to construct improvements in a City right-of-way in the current amounts?

Attorney Roberts explained the issues with three homeowners currently asking. She advised that there are no sidewalks in these areas. Vice Mayor Kennedy doesn’t see where the City should be responsible for liability issues in the homeowner’s driveway. Attorney Roberts said there is some liability because it is in the City's right of way. Councilman Pohlmann believes the City needs to protect the taxpayers. Attorney Roberts advised that sovereign immunity is $250000/300000. Councilman Burnette feels the amounts need to go down. Mr. Parker advised that there were a number of requests in the past so Council implemented the insurance requirements. Consensus of Council is to require $25,000 insurance coverage with or without sidewalks.

Reminder: September 11, 2011 at 6pm at City Center amphitheater for 9/11 service.

ADJOURNMENT:    9:03p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager