REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

SEPTEMBER 27, 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.    David Bubb, RCC Director

 

David Bubb, Director of RCC, introduced himself to Council. Mayor Green read and presented a proclamation to Mr. Bubb. Mr. Parker also thanked Mr. Bubb for his service. All Council members thanked Mr. Bubb for his service. Mr. Bubb thanked Council for their support over the years.

 

5.    Local Business Spotlight – Dunkin Donuts

 

Debbie Connors, Chamber, introduced owners of Dunkin Donuts, Peter & Patricia Barnett. Mr. Barnett gave a history of their franchises in Volusia County. Councilman Kennedy is pleased to hear that two of their three new stores will be in Port Orange. Councilman Pohlmann thanked them for coming. Councilman Burnette thanked them for their community service. Councilman Ford also thanked them for attending and for being in Port Orange.

 

SPECIAL REPORTS

 

6.    Family Days Community Trust

 

Board introduced themselves and advised Council that this year is the 16th year of Family Days and they are expecting 70,000 people. Monies raised (approx $50,000 per year) have gone back into the schools. They invited Council members to participate in the parade. Mayor Green thanked the Board for their time, involvement, and impact. Council members all thanked the Board.

 

7.    Report from KemperSports Management regarding Cypress Head Golf Course

 

KemperSports report given by Mike Collins along with Kate, Ricardo, and Dennis. Golf number trends are up from last year's. Kate Minnick explained the calls are up with people scheduling weddings, tournaments, etc. She explained that the golf market is moving toward booking online. She is planning changes for the golf's website so that people can book online. Council members are glad to see the good numbers.

 

CITIZEN PARTICIPATION (Agenda)

 

8.    Sheila Rees – Take Stock in Children

 

Sheila Rees advised Council of the Take Stock in Children program.  Contact information given including the website: www.futuresvolusia.org

Council members thanked Ms. Rees for her work with students.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

None

 

CONSENT AGENDA

 

9.    Project Managers’ Report

10. Revalidation for “Piggy-back” of Volusia County Price Agreement Bid #08-B-165KW Backflow Device Testing, and Certifications awarded to Aaron’s Backflow Services, Inc. and Validation of Purchase Order for FY2011-12

11. Approval to Piggyback State Contract to Purchase Tires for Fleet Vehicles

12. Approval to Piggyback City of Jacksonville’s Contract with USA Services of Florida, Inc. for Street Sweeping Services

13. Fuel Purchases – Contract Extension, Volusia County Bid #09-B-30VO

14. Cooperative Economic Development Agreement with Team Volusia Economic Development Corporation

15. Validation of Sole Source Vendors for Standardization Purposes

16. Agreement with Port Orange/South Daytona Chamber of Commerce

17. U.S. 1 & Dunlawton Median Landscaping Refurbishment FDOT Landscape Discretionary Grant Opportunity

 

Motion to approve Consent Agenda Items #9-17 made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

TABLED ITEMS

 

18. Second Reading – Ordinance No. 2011-14 – Mandatory Spay or Neuter Ordinance (TABLED FROM SEPT. 20, 2011)

 

Item remained tabled.

 

REPORT FROM ADVISORY BOARD

 

19. Citizen Advisory Committee for TPO

 

A written report was provided by Bobby Ball prior to the meeting since he was unable to attend.

 

FINANCE (John Shelley)

 

20. Monthly Financial Report

 

John Shelley, Finance Director, gave the financial report for the City, which included the YMCA and Golf numbers. The City is within budget with a slight concern in water/sewer revenues. The expense side of water/sewer has been under budget. City debt was discussed.

 

21. First Reading – Ordinance No. 2011-28 – Authorization of the issuance of not to exceed $3,050,000 Stormwater Utility Refunding Revenue Bonds, and not to exceed $40,350,000 Water and Sewer Refunding Revenue Bonds to Refund City’s Outstanding Stormwater Utility Revenue Note, Series 2008, Water and Sewer Refunding Revenue Bonds, Series 2003, and certain Water and Sewer State Revolving Fund Loans, Providing for Payment of Such Refunding Bonds from the Funds Pledged to the Payment of the Refunded Debt

 

Mayor Green read Ordinance No. 2011-28.

 

ORDINANCE NO. 2011-28

AN ORDINANCE OF THE CITY OF PORT ORANGE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $3,050,000 STORMWATER UTILITY REFUNDING REVENUE BONDS AND NOT EXCEEDING $40,350,000 WATER AND SEWER REFUNDING REVENUE BONDS (COLLECTIVELY, THE “REFUNDING BONDS”) TO REFUND THE CITY’S OUTSTANDING STORMWATER UTILITY REVENUE NOTE, SERIES 2008, WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 2003 AND CERTAIN WATER AND SEWER STATE REVOLVING FUND LOANS (COLLECTIVELY, THE “REFUNDED DEBT”); PROVIDING FOR THE PAYMENT OF SUCH REFUNDING BONDS FROM THE FUNDS PLEDGED TO THE PAYMENT OF THE REFUNDED DEBT; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-28 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Mr. Parker gave details of the Ordinance. Mr. Parker introduced Toby Wagner, Financial Advisor to the City. He explained the options available to the City relating to bonds. All costs are included in the totals given by Toby. Council members are all happy to see the City retiring debt. Discussion held relating to rates and bond ratings.

 

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

22. First Reading – Ordinance No. 2011-27- Land Development Code Amendments/Miscellaneous Revisions and Improvements, 11-25000003

 

Mayor Green read Ordinance No. 2011-27.

 

ORDINANCE NO. 2011-27

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTERS 2, 5, 6, 9, AND 10 THROUGH 17 OF THE PORT ORANGE LAND DEVELOPMENT CODE RELATING TO DEFINITIONS; SUBDIVISIONS; SITE DEVELOPMENT PLAN APPROVAL; ENVIRONMENTAL PROTECTION; CLEARING; GRADING AND STORMWATER; UTILITIES; ROADS AND VEHICULAR AREAS; LANDSCAPING AND BUFFERS; ARCHITECTURAL DESIGN; SIGNS; MISCELLANEOUS REGULATIONS AND ZONING DISTRICT REGULATIONS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-27 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Tim Burman, Principal Planner, explained item. Discussion held regarding several code changes presented.

 

Motion carried unanimously by roll call vote.

 

23. Floodplain Management Report

 

Margaret Momberger, Senior Planner, gave Council highlights from her written report. Council members would like recommendations from Staff regarding ways to receive more credits to help homeowners with their flood insurance rates. Flood areas within the City were discussed. Councilman Ford asked if the City can do anything about a homeowner who renovates their home after a flood because it will have more damages during the next flood. The answer was no.

 

PUBLIC SAFETY (Jerry Monahan)

 

24. Resolution No. 11-56 – Traffic Enforcement Agreement with Sabal Creek Homeowner’s Association, Inc.

 

Mayor Green read Resolution No. 11-56.

 

RESOLUTION NO. 11-56

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE TRAFFIC ENFORCEMENT AGREEMENT WITH SABAL CREEK HOMEOWNERS ASSOCIATION, INC,; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE TRAFFIC ENFORCEMENT AGREEMENT ON BEHALF OF THE CITY OF PORT ORANGE; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 11-56 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

Mayor Green advised that he will abstain from voting because he lives in Sabal Creek. Mayor Green filed Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers.

 

Motion carried by roll call vote 4-0.

 

PUBLIC WORKS (Warren Pike)

 

25. Second Reading – Ordinance No. 2011-23 – Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials (CONTINUED FROM SEPT. 20, 2011)

 

Motion to continue to October 25 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

26. First Reading – Ordinance No. 2011-30 – Award Roll-Off Franchise Agreement with Southeast Container Service, Inc. (Bid #11-20)

 

Mayor Green read Ordinance No. 2011-30.

 

ORDINANCE NO. 2011-30

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING A NON-EXCLUSIVE FRANCHISE TO SOUTHEAST CONTAINER SERVICE, INC., FOR PROVIDING ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; OUTLINING FRANCHISEE DUTIES; PROVIDING TERMS AND CONDITIONS UNDER WHICH SUCH FRANCHISEE SHALL OPERATE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-30 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. There being no public comments, the motion carried unanimously by roll call vote.

 

27. Approval of the Third Amendment to Solid Waste Collection Contract with Veolia ES Solid Waste Southeast, Inc.,

 

Motion to approve made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Attorney Roberts provided Agreement as requested by Council on 9-20-11. Consideration is subject to the extension of the bond for 31 days. October 25 the terms of the new contract will be finalized.

Doug Daniels, Attorney for Veolia, and Jim Suter are present and in agreement with the proposed extension agreement.

Councilman Ford is not happy relating to the main contract not being finalized already. He is happy with moving to the low bidder.

Councilman Pohlmann asked how close the contract is to being finalized. Mr. Parker advised that it is close, items remaining relate to CNG components and some bonding issues.

Mayor Green wants it resolved within the 30 day extension.

Mr. Daniels assures Council it will be resolved. He is waiting for numbers that should be available by the end of the week.

Mayor Green asked for public comments:

Jim Morris, Attorney for Waste Pro, addressed Council relating to the Waste Pro contract offer. He advised that Waste Pro is ready to fulfill the contract. Mr. Morris asked Council to reject the extension.

Councilman Pohlmann supports the extension and supports Veolia based on their customer service and the CNG factor. He also wants it resolved within this 30 day extension.

Mr. Parker reminded Council of the history of the contract negotiations.

Councilman Burnette agrees with Mayor Green that it needs to be finalized in 30 days.

Councilman Ford believes 30 days is too long, it should be cut and dry. He urges Council to extend it by two weeks not 30 days.

 

Motion carried by 3-2 roll call vote. Councilman Ford and Mayor Green voted no.

 

CITY MANAGER (Ken Parker)

 

28. Resolution No. 11-57 – Volusia ECHO Grant (Phase 2 All Children’s Park Playground Equipment)

 

Mayor Green read Resolution No. 11-57.

 

RESOLUTION NO. 11-57

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO SUBMIT AN APPLICATION FOR FINANCIAL ASSISTANCE TO VOLUSIA COUNTY, VOLUSIA ECHO GRANT PROGRAM FOR PHASE 2 PLAYGROUND IMPROVEMENTS AT THE ALL CHILDREN’S PARK; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AGREEMENTS OR CONTRACTS; PROVIDING FOR MATCHING FUND CONTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 11-57 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. There being no public comments, the motion carried unanimously by roll call vote.

 

29. Discussion - Volusia ECHO Water Acquisition Grant (Acquisition of the Sweetwater’s Property 3633 Halifax Drive and land south of Sweetwater’s)

 

Mr. Parker asked to continue item until more information is available. Consensus of Council: agreed.

 

30. Discussion - Volusia ECHO Water Acquisition Grant (Acquisition of the riverside property east of 3900 Halifax Drive)

 

Mr. Parker asked to continue item until more information is available. Consensus of Council: agreed.

 

COUNCIL COMMENTS

 

31. Comments/Concerns from Council Members

 

Councilman Ford wants the City to review/report as to City signs. He presented pictures of examples of too many City signs on a property. Mr. Parker will look into it and bring back some suggestions.

Councilman Burnette advised that the legislative deadline is October 12. Mr. Parker advised Council that a presentation is coming next week and a spot has been reserved. Councilman Burnette is concerned about the pond at Sugar Forest.

Councilman Pohlmann: asked about Family Days. Mr. Parker said Staff has volunteered to work the booth. Councilmen can come anytime, they do not have to man the booth this year.

Vice Mayor Kennedy reminded all that the pink fire truck is coming on Friday, 11-3.

Mayor Green thanked Staff relating to the Panera sign. Mayor Green asked about parking at Houligans during the weekend and football games. Vice Mayor Kennedy informed that the nursing home visitors are parking in the right of way as well.

 

32. City Council Committee Reports

    1. City Investment Committee: Meeting is later in the week.
    2. Transportation Planning Organization (TPO): Councilman Ford didn't attend.
    3. Library Advisory: Vice Mayor Kennedy advised that there was no meeting.
    4. Municipal Firefighters Pension Board: Councilman Pohlmann advised that the next meeting is at the end of November.
    5. Municipal Police Officers Retirement Trust: Vice Mayor Kennedy advised that the next meeting is next month.
    6. General Employees General Retirement Trust: Councilman Ford reported that the last meeting discussed investments and strategies.
    7. YMCA Councilman Pohlmann advised that the report was given by John Shelley earlier in the meeting.
    8. Volusia Council of Governments (VCOG): Mayor Green received information on other communities relating to impact fees.
    9. Volusia League of Cities: Mayor Green advised that the meeting was a dinner at Crabby Joes.
    10. ArtHaus: Councilman Burnette reported that the ArtHaus is having sidewalk fest with Family Days again. Councilman Burnette is a judge for the President’s award. Mayor Green is also asked to pick a winner.
    11. Port Orange/South Daytona Chamber of Commerce: Councilman Burnette advised that tomorrow is a forum on Doing Business with Government.
    12. Golf Course Board of Directors: The golf report was given by Kemper Sports earlier in the meeting. Mayor Green advised that a special meeting will be held in about two weeks.
    13. Communications Interlocal Agency (CIA): Shannon Lewis, Assistant City Manager gave a report on the transition of RCC. Thirteen out of twenty-three dispatchers are moving to the County. Ten have elected not to go to the County. The administrative staff is not going to the County. The change-over is Thursday, September 29th between 4-6am. The public should not see the change. Mr. Parker and Ms. Lewis have a meeting tomorrow at 11am relating to records and other final touches. Mr. Parker thanked Ms. Lewis for her work on the transition.

 

Mr. Parker reminded Council of Family Days and discussed parking.

ADJOURNMENT:    9:41p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager