REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

SEPTEMBER 20, 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

 

PUBLIC HEARING

 

4.    Discussion of Proposed Millage Rate FY 11/12

 

Mayor Green made announcements relating to the proposed millage rate for the FY11-12 budget.

Councilman Ford is good with the budget and believes it is a good compromise.

Councilman Burnette agrees. He believes Council has to meet quality of service at the best price.

Councilman Pohlmann believes it satisfies the Council's obligation to the taxpayers.

Vice Mayor Kennedy stated that he would love to do more but there's not enough money. This is a good compromise, he believes.

 

Mayor Green asked for public comments:

 

Ted Noftall addressed Council regarding the proposed millage rate and reserves. Mr. Parker answered Mr. Noftall’s concerns relating to the reserves of the City in all funds. Mr. Noftall believes any extra money should be returned to the citizens. Vacant positions were discussed. Mr. Noftall urges Council to reduce the millage rate.

 

 

 

5.    Resolution No. 11-48 – Adopting the Final Millage Rate for FY11/12

 

Mayor Green read Resolution No. 11-48.

 

Motion to approve Resolution No. 11-48 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.

 

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

 

Motion carried unanimously by roll call vote.

 

6.    Resolution No. 11-49 – Adopting the Final Operating Budget for FY11/12

 

Mayor Green read Resolution No. 11-49.

 

Motion to approve Resolution No. 11-49 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

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

 

Motion carried 4-1 by roll call vote.

Councilman Burnette voted no.

 

7.    Resolution No. 11-50 – Adopting the Final Capital Budget for FY11/12

 

Mayor Green read Resolution No. 11-50.

 

Motion to approve Resolution No. 11-50 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

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

 

Motion carried unanimously by roll call vote.

 

8.    Resolution No. 11-51 – Adopting the Final Millage Rate for FY11/12 for Town Center CRA Tax Increment District

 

Mayor Green read Resolution No. 11-51.

 

Motion to approve Resolution No. 11-51 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

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

 

Motion carried unanimously by roll call vote.

 

9.    Resolution No. 11-52 – Adopting the Final Operating Budget for FY11/12 for Town Center CRA Tax Increment District

 

Mayor Green read Resolution No. 11-48.

 

Motion to approve Resolution No. 11-48 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

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

 

Motion carried unanimously by roll call vote.

 

10. Resolution No. 11-53 – Adopting the Final Millage Rate for FY11/12 for Eastport CRA Tax Increment District

 

Mayor Green read Resolution No. 11-53.

 

Motion to approve Resolution No. 11-53 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

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

 

Motion carried unanimously by roll call vote.

 

11. Resolution No. 11-54 – Adopting the Final Operating Budget for FY11/12 for Eastport CRA Tax Increment District

 

Mayor Green read Resolution No. 11-54.

 

Motion to approve Resolution No. 11-54 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

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

 

Motion carried unanimously by roll call vote.

 

Mayor Green announced that the adopted City of Port Orange, Community Redevelopment Agency for Port Orange Town Center and Community Redevelopment Agency for Eastport Business Center final millage rates of 4.95 mills per $1,000.00 of valuation is less than the rolled-back rates, which reflects a 3.22% decrease in ad valorem tax revenues below the rolled-back rates. In addition to the foregoing general operating budget/millage levy, there is a voter approved millage levy of 0.0615 mills to fund the debt service for the 2033 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.

 

SPECIAL AWARDS, PROCLAMATIONS, REPORTS, RECOGNITIONS, SPEAKERS

 

12. Recognition Awards - Police Department Commendations

 

Jerry Monahan, Director of Public Safety, presented awards to two firefighters.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Patricia Miracle, Roadside Tavern, asked Council to allow her to obtain a special events permit even though she is after the 45 day time frame as required.

Councilman Ford is in favor of allowing the exception and believes Council should be supportive of local businesses.

Councilman Burnette is sensitive to the noise level, but would support a special events permit because she has not owned the business for long.

Councilman Pohlmann does not support a waiver for a special events permit. He believes it is hard for Council to allow an exception because others will follow.

Vice Mayor Kennedy has a problem giving a special exception because it is setting precedence for others.

 

Motion to accept the special exception made by Councilman Burnette, and Seconded by Councilman Ford.

 

Mayor Green asked for public comment: Margaret Brown advised Council that they have made exceptions in the past. Mr. Parker reminded Council of a time when they did approve a late special exception.

 

Motion did not pass 2-3 by roll call vote. Councilman Burnette and Ford voted yes. Councilman Pohlmann, Vice Mayor Kennedy, Mayor Green voted no.

 

BID PROTEST

 

13. Appeal of the City Manager’s Determination – Bid Protest Non-Exclusive Franchises for Roll-off Containers Bid No 11-20

 

Mr. Parker gave background of the bid protest appeal.

 

Motion to waive the bid irregularity by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

CONSENT AGENDA

 

14. Approval of Minutes

a.    September 6, 2011 –Regular City Council Meeting

15. Staff Reports - Building Activity Report and Monthly Development Activity Report for July and August, 2011.

16. Award Bid #11-17, Construction of Concrete Sidewalks and Curbs

17. Award Bid #11-25 – Air Conditioning Units at City Hall

18. Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Ave.; Port Orange RV, 5840 S. Ridgewood Ave.; Hunt for Cars, 5796 S. Ridgewood Ave.; Live Oak Mobile Home Park, 5786 S. Ridgewood Ave.

 

Councilman Pohlmann requested that items #17 and 18 be pulled for further discussion.

 

Motion to approve items 14-16 made by Councilman Burnette, and Seconded by 2nd Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

Councilman Pohlmann asked about cost overruns on #17. He hopes they will stay within reason on this project. Mayor Green believes this should be a better project.  Councilman Ford agrees and believes a message should go out to R&R.

 

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

 

Councilman Pohlmann asked if approving the item will approve a one-hour extension for the Last Resort. Debbie Faircloth advised that yes, it would but Council can approve with or without the one-hour extension.

 

Motion to approve the special events request without the one-hour extension made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

FINANCE (John Shelley)

 

19. Second 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

 

Mayor Green read Ordinance No. 2011-15.

 

Motion to approve Ordinance No. 2011-15 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Councilman Ford asked what the savings will be with the City paying the landfills charge rate. Mr. Parker said it will be a substantial amount but he’s not sure what the amount is until the bill comes in. Mr. Parker advised that other cities have seen large savings. Fuel charges were discussed.

Councilman Pohlmann supports the ordinance. It is a $3.25 savings on monthly bills.

Vice Mayor Kennedy asked when we will revisit the contract. Mr. Parker explained that this is the ordinance that comes into compliance with how we are doing business (reflecting the landfill charge), not the contract for solid waste.

Mr. Noftall asked how the City will be billing commercial customers. Mr. Parker explained that the rate is based on what Veolia says they are sending to the landfill. Adjustments will come as things change.

Phil Kelma, 1062 Azalea Point asked about tree trimmings. Mr. Parker explained that the tree company is required to dispose of the tree trimmings. It is not the responsibility of the homeowner or the City when a tree company is hired to remove or trim a tree.

James Foster addressed Council relating to fees on the solid waste, landfills charges.

 

Ordinance No. 2011-15 was adopted on second reading, by a unanimous roll call vote.

 

20. First Reading– Ordinance No. 2011-26–Procedures for the Purchase of Real Property

 

Mayor Green read Ordinance No. 2011-26

 

Motion to approve Ordinance No. 2011-16 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Mr. Parker explained that this item is coming from the comments from the auditor. Attorney Roberts explained that it relates to when to do an appraisal. Past practice allowed a 15% purchase price in excess of the appraisal.

Vice Mayor Kennedy has concerns with buying property in secret. Attorney Roberts explained that it is the negotiation part not the actual purchase.

Councilman Pohlmann had similar questions/concerns. He asked for an example. Discussion was held regarding when this Ordinance would come into play. Attorney Roberts explained that it does not allow for a shade meeting, but rather allows City staff to work with potential buyers without revealing the appraisal values.

Councilman Burnette asked about time frames for appraisals, and discussed the need for an honest appraiser.

Mayor Green explained that the City has always used someone trusted. Mr. Parker said the City uses someone who is approved by the state.

 

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

 

The Motion carried unanimously by roll call vote.

 

21. Resolution No. 11-55 – Budget Appropriation

 

Mayor Green read Resolution No. 11-55

 

Motion to approve Resolution No. 11-55 made by Councilman Burnette, and Seconded by Councilman Pohlmann.

 

Mr. Parker explained the fire and police pension insurance premiums that are included in the resolution. This gets revenues in line with expenses. The 418 fund gets reduced.

 

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

 

The Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT

 

22. First Reading – Ordinance No. 2011-24 - 11-1 Large-Scale Comprehensive Plan Amendment Adoption/Case No. 11-20000002

 

Mayor Green read Ordinance No. 2011-24

 

Motion to approve Ordinance No. 2011-24 made by Councilman Burnette, and Seconded by Councilman Ford.

 

Penny Cruz, Principal Planner, addressed Council and advised that all agencies have approved the Comp Plan Amendment, and it's ready to move forward to second reading if approved by Council.

 

Discussion was held relating to the environmental impact. Councilman Ford has concerns about the environmental impact.

 

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

 

The Motion carried 4-1 by roll call vote. Councilman Ford voted no.

 

23. First Reading – Ordinance No. 2011-25 - Administrative Rezoning/Garner, 4110 S. Nova Road, Case no.: 11-60000002

 

Mayor Green read Ordinance No. 2011-24

 

Motion to approve Ordinance No. 2011-24 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Penny Cruz, Principal Planner, addressed Council regarding the zoning of 4110 S. Nova Road.

 

Councilman Ford is concerned with the environmental impact so close to Rose Bay.

 

Mayor Green asked for public comments:

Lynn Brameral strongly objects to the rezoning. They are working hard in her neighborhood to clean the area. Mayor Green believes now it can be controlled.

 

Motion carried 3-2 by roll call. Councilman Burnette & Councilman Ford voted no.

 

24. Resolution No. 11-46 - Supplemental Local Agency Program (LAP) Agreement for the Devon Street/Taylor Road Traffic Signal

 

Mayor Green read Resolution No. 11-46.

 

Motion to approve Resolution No. 11-46 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

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

 

Motion carried unanimously by roll call vote.

 

25. 2012 Critical Dates Calendars

 

Motion to accept the 2012 Critical Dates Calendars made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

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

 

Motion carried unanimously by voice vote.

 

PUBLIC SAFETY (Jerry Monahan)

 

26. Second Reading - Ordinance No. 2011-13 - Residential Decal Parking Areas

 

Mayor Green read Ordinance No. 2011-13.

 

Motion to approve Ordinance No. 2011-13 made by Councilman Burnette, and Seconded by Councilman Ford.

 

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

 

Mr. Parker explained that this ordinance and the corresponding resolution after approval will result in implementation on Oct 1. Not many residents have obtained their permits. A letter will go out to those who haven't received their parking permit and decals.

Lynn Brameral volunteered to help get the permits out to residents.

 

Motion carried unanimously by roll call vote.

 

27. Second Reading – Ordinance No. 2011-14 – Mandatory Spay or Neuter Ordinance

 

Mayor Green read Ordinance No. 2011-13.

 

Motion to approve Ordinance No. 2011-13 made by Councilman Burnette, and Seconded by Councilman Pohlmann.

 

Vice Mayor Kennedy, Councilman Pohlmann and Councilman Burnette support the ordinance and feel it's needed to support the health and welfare of citizens and animals in the city.

Councilman Ford does not agree with this ordinance. He thinks it's “feel good” legislation and the City doesn’t have the resources to enforce the ordinance.

Mayor Green is concerned this item doesn't address the feral cat issue.

Councilman Pohlmann is willing to put this on hold to deal with the feral cat issue.

Pat Mihalic with Concerned Citizens for Animal Welfare, addressed Council relating to Dr. Judith A. Milcarsky. Ms. Mihalic advised that it is proven that this ordinance will reduce the feral cat numbers. She advised that rabies is not an issue. There were two cases of cats in Volusia County with rabies in the past 40 years. Volusia County requires the City to enact a Mandatory Spay or Neuter ordinance to use their bus.

Discussion was held relating to additional staff that would be needed to enforce this ordinance.

 

Motion to table item #28 until Staff has obtained more information made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried 4-1. Councilman Burnette voted no.

 

Mayor Green asked that City Staff work with volunteers and get more information. Mr. Parker said ok and the item will be brought back within three (3) months.

 

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

 

Mayor Green read Ordinance No. 2011-16.

 

Motion to approve Ordinance No. 2011-16 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Motion carried unanimously by roll call vote.

 

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

 

Mayor Green read Ordinance No. 2011-17.

 

Motion to approve Ordinance No. 2011-17 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

 

30. Second Reading - Ordinance No. 2011-18– Amending Section 46-4 relating to Firearms

 

Mayor Green read Ordinance No. 2011-187.

 

Motion to approve Ordinance No. 2011-187 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.

 

31. Second Reading - Ordinance No. 2011-19– Amending Section 18-196 relating to Firearms

 

Mayor Green read Ordinance No. 2011-17.

 

Motion to approve Ordinance No. 2011-17 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.

 

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

 

Mayor Green read Ordinance No. 2011-17.

 

Motion to approve Ordinance No. 2011-17 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

Mr. Noftall addressed Council advising that he is happy with the legislation so citizens know what to do throughout the state.

 

Motion carried unanimously by roll call vote.

 

33. Special Event Request – Port Hole Lounge & Car Wash, 932 and 952 Herbert Street

 

Motion to approve the special event request from Port Hole Lounge & Car Wash made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Councilman Ford reviewed the police report relating to the number of calls. He is opposed to the special event request. He is concerned especially since the recent stabbing. He wants the owners to show personal responsibility.

Mayor Green agrees.

Councilman Burnette averaged out the numbers provided by the police department. The Port Hole gets a police call every 5 days, where First Turn gets one every 17 days and the Last Resort gets one every 43 days.

Councilman Burnette concurs and asked about the 12am closing vs. 2am. Chief Monahan advised Council that they have control over their business after 12:00am. The permit allows them to stay open until 2am but Council can revoke that permit at any time.

Councilman Burnette asked if the City can charge a business for excessive usage. Chief Monahan said there is nothing in place currently to allow that.

Councilman Ford recommends Council denies the request and have a discussion with the owners then visit the issue of their after-hours permit. Chief Monahan will review the ordinance and make a recommendation relating to a warning process and the options available to Council.

Vice Mayor Kennedy agrees and does not support a special event request at this time.

Stan Hetrick asked Council about the extended hours permit. Chief Monahan explained the process and statute.

 

Motion did not pass (0-5). All voted no.

 

34. Resolution No. 11-47 – Residential Parking Decal

 

Mayor Green read Resolution No. 11-47.

 

Motion to approve Resolution No. 11-47 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Mayor Green asked for public comment, there being none, a vote was taken.

 

Motion carried unanimously by roll call vote.

 

35. Fire and/or Rescue Service Mutual Aid with Volusia County

 

Motion to approve the Mutual Aid Agreement with Volusia County made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Councilman Pohlmann asked about staffing levels with other cities. Mr. Parker said not all agencies provide the same staffing levels. This allows agencies to ask each other for help when needed, like during wild fires, emergencies, etc.

Ken Burgman explained the Mutual Aid Agreement and the Closest Unit Agreement, which are two different agreements.

Councilman Ford wants to make sure it's an even give and take. He wants staff to track how much Port Orange helps others to be sure that it is equitable.

Ken Burgman said it's more than just first response, he has tracked it and it is equitable.

 

Motion carried unanimously by roll call vote.

 

PUBLIC WORKS (Warren Pike)

 

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

 

Mayor Green read Ordinance No. 2011-17.

 

Motion to approve Ordinance No. 2011-17 made by Councilman Burnette, and Seconded by Councilman Pohlmann.

 

Councilman Ford asked if residents could contract with the companies directly. Mr. Parker said yes.

 

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

 

Motion carried unanimously by roll call vote.

 

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

 

Mr. Parker asked that item #37 be continued to Sept 27, 2011.

 

Motion to continue Item #37 to September 27, 2011 made by Councilman Burnette, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.

 

38. Discussion Only – Detour for Oak Lea Bridge Replacement

 

Mr. Parker gave background of the item. It's for discussion and information only.

Warren Pike, Public Works Director, explained that the subdivision has one way in and one way out. South Daytona needs access for residents to get in and out so they can redo the bridge. South Daytona is doing all of the work, Port Orange is only allowing access. They will bring property back to current status.

 

COUNCIL COMMENTS

 

39. Comments/Concerns from Council Members

 

Mr. Parker addressed Ted Noftall's question from earlier in the meeting. John Shelley has some of the numbers, but others can be provided tomorrow.

 

Councilman Ford informed Council of his recent travels which reaffirmed his belief in investing in our streets, landscaping, etc.

Councilman Burnette advised Council that the Council on Aging is putting on a seminar at the Adult Activity Center relating to scams against seniors. Mr. Parker advised that an officer goes out to seniors to advice of these scams, and it is announced via email on the Citizen’s information. Councilman Burnette asked for a discussion relating to temporary structures and freedom of speech. He asked if a citizen needs a permit to trim a tree. Mr. Parker said call Margaret Momberger to check because sometimes a citizen will need a permit. It’s best to check first.

Mayor Green read a poem from a citizen relating to 9/11.

Mr. Parker asked Council to set up a time to work at Family Days. He advised that the pink fire truck will be at pavilion 11-3 on Saturday, October 1.

Mayor Green asked if Council would move the meetings to 6pm rather than 7pm for staffing purposes.  Vice Mayor Kennedy asked when we would have the workshops.

Councilman Burnette said it needs to be consistent. Mr. Parker advised that previous Councils have done workshops within the regular meeting. Mayor Green asked all to think about it.

 

VEOLIA CONTRACT ITEMS

 

40. Update on Veolia Contract and Supplement and Potential Extension of the existing Veolia contract – NEW ITEM

 

Attorney Roberts gave a written report of status of the Veolia contract and gave details of negotiations.  Mr. Parker advised Council of the discussions at a recent meeting with Veolia. Attorney Roberts needs direction from Council relating to the amount of the bond for Veolia. Vice Mayor Kennedy asked where the $5 million figure came from. Mr. Parker advised there were specific items they looked at, but the discussions with Veolia recently resulted in comfortable amounts as well to guarantee performance. Councilman Pohlmann asked if Mr. Parker and Veolia are all comfortable with what was discussed.

Mr. Parker said City Staff is comfortable with it. Doug Daniels, attorney for Veolia, advised Council that he is also comfortable with the discussions.

Councilman Ford doesn't want to set them up to fail. He believes the time frame should be flexible. He's not optimistic.

Mayor Green asked Veolia for a construction plan time frame for next Tuesday night’s meeting.

 

ADJOURNMENT:    10:09p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

                                                                       

Kenneth W. Parker, City Manager