REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS CITY HALL
1000 CITY CENTER CIRCLE
OCTOBER 18, 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
Mayor Green asked to amend the agenda to move items #24 and 25 up to be heard after item #5a. All Councilmen agreed.
SPECIAL AWARDS, PROCLAMATIONS, REPORTS, RECOGNITIONS, SPEAKERS
4. Mark Larose, Florida Hospital Sharing economic impact of Florida Hospital
Mark Larose, Florida Hospital, spoke regarding the hospital, their mission, and the impact on the economy in Port Orange. Councilmen and Mayor Green thanked him for coming and being involved in the City.
Jim Hathaway, introduced himself and advised Council he is running for the County Council District 3 seat. Mayor Green advised the citizens to get involved and get to know the candidates.
5. Board Appointments
a. Youth Advisory Board appointment
Samantha Babiez introduced herself to Council and advised why she would like to serve on the Youth Advisory Board.
Motion made to appoint Samantha Babiez to the Youth Advisory Board made by Councilman Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Tori Moore introduced herself to Council and advised why she would like to serve on the Youth Advisory Board.
Motion made to appoint Tori Moore to the Youth Advisory Board made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
TOWN CENTER CRA MEETING
The City Council meeting was recessed at 7:26 p.m. to hold a Town Center CRA meeting, which minutes are under separate cover.
The Town Center CRA adjourned at 8:51 p.m.
EASTPORT CRA MEETING
The Eastport CRA meeting convened at 8:51 p.m., which minutes are under separate cover.
The City Council reconvened at 9:00 p.m.
CITIZEN PARTICIPATION (Non-Agenda 15 minutes)
Chris McCray addressed Council regarding his new business in PO. Asked Council and Mayor for their opinion and thoughts on door hangers. Mayor Green advised that there have been problems with door to door sales. Mr. Parker advised that the issue relates to solicitor's permits and citizen complaints. He advised that in the 1980's the Council defined door hangers as litter. Mr. Parker asked for more information from Mr. McCray and advised that the topic can be placed on the November 1, 2011 agenda for further direction from Council.
6. Approval of Minutes
a. September 27, 2011 Regular City Council Meeting
b. October 4, 2011 Regular City Council Meeting
7. Staff Reports - Building Activity Report and Monthly Development Activity Report for August and September, 2011.
8. Waiver of Bid Procedure and Award of Contract for Biological and Hydrological Monitoring in Central Wellfield to Biological Consulting Services
9. HTE Annual Software & Technical Support Maintenance Agreement
10. IBM Annual Maintenance Agreements
11. Annual Contracts Piggyback State and County Bid Purchases
12. City Hall Access Control
13. Port Orange Landings Phase 2 Subdivision Assignment of the Subdivision Improvement Agreement; Second Amendment to the Subdivision Improvement Agreement; Assignment of the Concurrency and Fair Share Agreement; Stormwater Drainage, Maintenance and Access Easement; Approval of the License Agreement; and Release of Easement Adjoining Phase 1 Case no.: 05-50000010
14. Change Order #1 to Contract with McMahan Construction for Clarifiers Modifications and Improvements Project Safety Enhancement
15. Change Order #1 to Existing Purchase Order with Quentin L. Hampton Associates for Construction Supervision and Inspection Services associated with Clarifier Modifications and Improvements Project Safety Enhancement
16. Purchase of Replacement Lift Stations from Sanders Company
17. Pump Station Purchase (Flygt Submersible NP 3153/463 Dual HP Pumps) Cypress Head I PS #3 Pump Station Rehabilitation/Conversion Project
18. Economy Electric Company authorization to provide electrical upgrades associated with Lift Station Rehabilitation
19. B-23 Canal/Rose Bay Final Deductive Change Orders No. 1 and No. 2
20. Award of Bid No. 11-23 Spruce Creek Road and Dunlawton Avenue (SR 421) Intersection Improvements
21. Award of Bid No. 11-24 SR 421 (Taylor Road) Improvements at I-95
22. Piggyback of City of Clermont, Bid RFB -11-015, Sanitary Sewer Manhole and Lift Station Rehabilitation awarded to Danus Utilities Inc.
23. Piggyback of Existing Contract with Miller Pipeline Corp. for Sanitary Sewer System Rehabilitation Work
Councilman Ford asked that item #8 be pulled for further discussion.
Motion to approve Consent Agenda items #6, 7, and 9-23 made by Councilman Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
Councilman Ford has concerns with not bidding out items when they are going up in cost. He wants to urge Staff to bid the items out. Roger Smith, Public Utilities Director, addressed Councilman Fords concerns.
Motion to approve Consent Agenda Item #8 made by Councilman Ford, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
REPORT FROM ADVISORY BOARD
24. Citizen Advisory Committee for TPO
Bobby Ball gave report for TPO.
25. Parks and Recreation Quarterly Report
Jack Wiles gave report for the Parks and Recreation Board. He advised that the fields have been well used with tournaments. Hotel industry wants to get involved in the tournaments and pass money on to the teams to pay for some of the administrative fees incurred. Babe Ruth rules have been implemented.
Mayor Green thanked Mr. Wiles for his service to the City.
26. Second Reading Ordinance No. 2011-14 Mandatory Spay or Neuter Ordinance (TABLED ON SEPT. 20, 2011)
Motion to pull item from the table made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
Miguel Abi-hassan, Executive Director Halifax Humane Society, introduced himself and addressed Council relating to his experience and knowledge with feral cats. He explained his L.E.S. - Legislation, Education, Sterilization ideas. He reported to Council that Port Orange animals being taken to the Humane Society is on the rise (10%) from last year. Other area cities have entered TNR ordinances and their rates have gone down. Ford wants to see the City begin a TNR program for feral cats. Mr. Abi-hassan answered Councilman Ford's questions. Councilman Burnette believes the mandatory spay or neuter ordinance is a good idea for those who don't do the right thing on their own and have their pets spayed or neutered. Councilman Pohlmann thanked him for attending and giving his opinion. He agrees that the ordinance is a compliance issue. He supports the mandatory spay or neuter ordinance, and wants a TNR ordinance. Vice Mayor Kennedy applauds him for his work. Mayor Green asked if the ordinance on the agenda needs to be amended. Mr. Parker said no, the policy for the TNR needs to be worked out.
Bob Sealise asked how many kittens can be born from a feral cat. Mayor Green said a cat can breed 2-3 times a year and have anywhere from 2-6/8 kittens each. Mayor Green wants money set aside for funding a trapper.
Pat Mihalik, with Concerned Citizens for the Wellfair of Animals, advised Council that Volusia County has reduced their intake by 600 animals, which saved $60,000.
Margaret Whitley addressed Council and advised of her experiences with TNR.
Mayor Green read Ordinance No. 2011-14.
Motion to adopt Ordinance No. 2011-14 on Second reading made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.
Councilman Ford does not agree with the ordinance because it won't be enforced. Councilman Burnette said it won't affect the responsible pet owners. Councilman Pohlmann supports it. Vice Mayor Kennedy agrees that the responsible pet owner has already taken care of it.
Motion carried by 4-1 roll call vote, with Councilman Ford voting no.
Mayor Green wants an amendment relating to dogs. Councilman Ford asked for a monthly status report.
FINANCE (John Shelley)
27. Second Reading Ordinance No. 2011-26Procedures for the Purchase of Real Property
Mayor Green read Ordinance No. 2011-26.
Motion to adopt Ordinance No. 2011-26 on Second Reading made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.
Discussion was held relating to the type of appraisals addressed in the ordinance.
Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
28. Second 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 adopt Ordinance No. 2011-24 on Second Reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote
29. Second Reading Ordinance No. 2011-25 - Administrative Rezoning/Garner, 4110 S. Nova Road, Case no.: 11-60000002
Mayor Green read Ordinance No. 2011-25
Motion to adopt Ordinance No. 2011-25 on Second Reading made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
30. First Reading - Ordinance No. 2011-29 Land Development Code Text Amendment/New Zoning Categories Case No. 11-25000004
Mayor Green read Ordinance No. 2011-29.
Motion to adopt Ordinance No. 2011-29 on Second Reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.
Penny Cruz, Principal Planner, explained the need for the changes.
Motion carried unanimously by roll call vote
31. First Reading Ordinance No. 2011-12 City Council Redistricting Census 2010
Mayor Green read Ordinance No. 2011-12
Motion to adopt Ordinance No. 2011-12 on Second Reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote
CITY ATTORNEY (Margaret Roberts)
32. Summit Golf Academy, Inc. and Timothy G. Peightal Claim for Property Rights and Damages Under the Bert J. Harris Private Property Rights Protection Act
Margaret Roberts, City Attorney, explained item. Discussion was held relating to the requirements for development, the environmental impact, and potential for a lawsuit.
Consensus of Council is to agree to settlement although they are not happy with it.
ADMINISTRATION (Ken Parker)
33. Discussion relating to Nixon Lane payments
Mr. Parker discussed the Nixon Lane payment options for residents. Staff suggests the mandatory connection date of January 1st. Councilman Burnette is pleased with the options provided by Staff. All members agree to offering these options to the residents.
34. Report relating to Veolia Contract negotiations
Attorney Roberts advised Council of the last item that needs to be entered (adoption of the franchise agreement). Mr. Parker advised Council that Veolia has agreed to move their whole facility to Port Orange and they need to start operating before the use change can be completed. CNG fueling was discussed.
35. Comments/Concerns from Council Members
Councilman Ford would like to have a meeting/workshop on recreation. Mr. Parker advised the first meeting date available is 1/17/12.
Councilman Burnette asked for the status on internet cafes. Attorney Roberts said the moratorium runs out in January. A new ordinance is going through planning this month.
Councilman Pohlmann asked about adding made in America to our bidding documents. Mr. Parker said the definition of "made" will need to be discussed first.
Vice Mayor Kennedy asked about the dock on Spruce Creek. Mr. Parker advised that it's out to bid.
Mayor Green said the Panera Bread sign is too bright. Wayne Clark, Community Development Director, said the owner has been cited.
Mayor Allen Green
Kenneth W. Parker, City Manager