REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

NOVEMBER 8, 2011

 

THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:01 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 AWARDS, PROCLAMATIONS, REPORTS, RECOGNITIONS, SPEAKERS

 

4.    YMCA – Teresa Rogers & Vicky Pugh

 

Teresa Rogers introduced Vicky Pugh, VP of PO YMCA. Ms. Rogers, CEO of YMCA, thanked the Council for their support.

 

CITIZEN PARTICIPATION (Agenda)

 

5.    Phillip Farruggio – 25% Solution

 

Phillip Farruggio addressed Council relating to his view on the 25% Solution. Mr. Farruggio asked Council to adopt a Resolution similar to one he presented.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Craig and Brian Parent addressed Council relating to CDBG funding. Their project would not need funding until 2013. He asked Council's consideration.

 

CONSENT AGENDA

 

6.    Approval of Minutes

a.    October 18, 2011– City Council Workshop

b.    October 18, 2011 – Regular City Council Meeting

c.    October 25, 2011 – City Council Workshop

d.    October 25, 2011 – Regular City Council Meeting

e.    October 28, 2011 – Special City Council Meeting

f.     October 31, 2011 – Special City Council Meeting

7.    Renewal of Service Contract with Halifax Humane Society

8.    Public Employees Association (PEA) 2011-2014 Union Contract

 

Attorney Roberts requested that item #7 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #5 & #8 by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

Attorney Roberts asked that Item #7 be approved subject to her review and final approval.

 

Motion to approve Consent Agenda #7 pending Attorney Roberts’ review and final approval made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

REPORT FROM ADVISORY BOARD

 

9.    Citizen Advisory Committee for TPO

 

No report as Bobby Ball asked to be moved to the December 6, 2011 agenda.

 

FINANCE (John Shelley)

 

10. Resolution No. 11-60 – Budget Appropriations

11. Resolution No. 11-63 – Budget Appropriations

 

Request for Items #10 and #11 to be pulled from the Agenda by Ken Parker, City Manager, and have the items brought back to Council on December 6, 2011 at a 5:30pm workshop. Council agreed.

 

 

12. Fire Program Fund Discussion

 

Mr. Parker gave background regarding the flu shot fund. Since the program was cancelled this year, direction is needed as to the remaining funds. Vice Mayor Kennedy believes a portion of the funds should go to the unfunded liability, with some of it to be used for Fire department trainings. Councilman Pohlmann agrees, he wants necessary trainings to remain, also supports the money being used to partially fund a new fire truck. Councilman Burnette asked if the program was meant to make a profit. Mr. Parker said no, it was used to pay for itself each year. Since the City is not doing the program this year, the money is leftover. Councilman Burnette believes the biggest impact would be to use it for the unfunded liability. Councilman Ford wants to see this money held until the December 6, 2011 workshop when all the carryover funds can be discussed together. Mayor Green agrees with Councilman Ford. Council needs to prioritize. He believes the city needs to invest and prioritize. Councilman Pohlmann asked if they were required to use the funds in the fire dept. Mr. Parker said no, they can be used anywhere Council desires. Consensus of Council is to discuss it more on December 6, 2011.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

13. Second Reading - Ordinance No. 2011-29 – Land Development Code Text Amendment/New Zoning Categories Case No. 11-25000004

 

Mayor Green read Ordinance No. 2011-29.

 

ORDINANCE NO. 2011-29

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING THE LAND DEVELOPMENT CODE CHAPTERS 2, 17 AND 18; AMENDING DEFINITIONS; CREATING THREE NEW ZONING DISTRICTS: OFFICE/RESIDENTIAL TRANSITION (ORT), MIXED-USE CENTER (MXC) AND RECREATION (REC); PROVIDING FOR SPECIAL DEVELOPMENT REQUIREMENTS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2011-29 on second reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote after no comments from Council or the public.

14. Second Reading – Ordinance No. 2011-12 – City Council Redistricting – Census 2010


Mayor Green read Ordinance No. 2011-12.

ORDINANCE NO. 2011-12

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING SECTION 22-4 OF THE CODE OF ORDINANCES RELATING TO THE CITY COUNCIL DISTRICTS AS RECOMMENDED BY THE DISTRICTING COMMISSION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

Motion to adopt Ordinance No. 2011-12 on second reading made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote after no Council or public comments.

15. Second Reading – Ordinance No. 2011-31 - Flood Plain/conservation zoning of a 9 acre tract – Stanaki

 

Mayor Green read Ordinance No. 2011-31.

 

ORDINANCE NO. 2011-31

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RATIFYING ORDINANCE NO. 2000-52; PROVIDING FOR THE REZONING OF PROPERTY CONSISTING OF APPROXIMATELY 9 ACRES LOCATED EAST OF I-95, WEST OF THE SPRUCE CREEK PRESERVE AND SOUTH OF SPURCE CREEK FROM PUD (PLANNED UNIT DEVELOPMENT) TO F-C (FLOOD-PLAIN CONSERVATION); AUTHORIZING REVISION OF OFFICIAL ZONING ATLAS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motino to adopt Ordinance No. 2011-31 on second reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote after no Council or public comments.

 

16. First Reading – Ordinance No. 2011-32 – Land Development Code Text Amendments/Pain Management Clinics Case No. 11-250000001 (Chapters 2, 12, 17, and 18)

 

Mayor Green read Ordinance No. 2011-32.

ORDINANCE NO. 2011-32

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE CITY OF PORT ORANGE LAND DEVELOPMENT CODE, CHAPTER 2, SECTION 2, DEFINITIONS, RELATING TO CHRONIC NONMALIGNANT PAIN, PAIN MANAGEMENT CLINICS, RETAIL PHARMACY, MEDICAL OFFICE/CLINIC, PERSONAL SERVICE, AND RETAIL SALES AND SERVICES; AMENDING CHAPTER 12, SECTION 4, RELATING TO THE PARKING RATIO FOR MEDICAL OFFICE/CLINIC; AMENDING CHAPTER 17, SECTION 19, PROFESSIONAL OFFICE DISTRICT, ESTABLISHING PAIN MANAGEMENT CLINIC AS A PERMITTED USE; AMENDING CHAPTER 18, SECTION 4, PROVIDING FOR SPECIAL DEVELOPMENT REQUIREMENTS FOR PAIN MANAGEMENT CLINICS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Ordinance No. 2011-32 on first reading made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

Tim Burman, Principal Planner, advised Council of the change to the pain management clinic definitions. All Councilmen support the ordinance. Mayor Green asked for public comments, there were none.

Motion carried unanimously by roll call vote.

17. First Reading – Ordinance No. 2011-34 - Adoption of the 2011 Capital Improvements Element (C.I.E.) Annual Update

 

Mayor Green read Ordinance No. 2011-34.

 

ORDINANCE NO. 2011-34

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AMENDMENTS TO THE COMPREHENSIVE PLAN; AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-34 on first reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Penny Cruz, Principal Planner, advised that there is no review of the report by the State, but the City is still required to do the report. The report will be submitted to DEO rather than DCA.

Councilman Ford wants to be sure the plan is flexible for the future.

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

 

18. Resolution No. 11-61- 11-750000001/Proposed Easement for Right-of-Way Purposes Vacation – Peterson Lane

 

Mayor Green read Resolution No. 11-61.

RESOLUTION NO. 11-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; REPEALING RESOLUTION NO. 01-10; AND ADOPTING RESOLUTION NO. 11-61 VACATING A PORTION OF THE PETERSON LANE RIGHT-OF-WAY EASEMENT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT-CLAIM DEED; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to adopt Resolution No. 11-61 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.

Attorney Roberts advised that the ownership has changed and the easement is to update the owner. Jim Morris, Attorney for applicant, is present to answer any questions. There were no comments/questions from Council or the public.

Motion carried unanimously by roll call vote.

 

19. Resolution No. 11- 62 - 11-750000001/Proposed Easement for Right-of-Way Vacation – Samsula/Airport Road

 

Mayor Green read Resolution No. 11-62.

 

RESOLUTION NO. 11-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; REPEALING RESOLUTION NO. 01-11; AND ADOPTING RESOLUTION NO. 11-62 VACATING A PORTION OF THE SAMSULA/AIRPORT ROAD RIGHT-OF-WAY EASEMENT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT-CLAIM DEED; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to adopt Resolution No. 11-62 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

Jim Morris, Attorney for applicant, is present to answer any questions. There were no comments/questions from Council or the public.

Motion carried unanimously by roll call vote.

20. Resolution No. 11-64 – Renaming a 300 Foot Portion of Taylor Road to Journey’s End Way

 

Mayor Green read Resolution No. 11-64.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RENAMING A 300 FOOT PORTION OF TAYLOR ROAD LYING EAST OF INTERSTATE 95; PROVIDING FOR THE NAME CHANGE TO JOURNEY’S END WAY; DIRECTING THE CITY CLERK TO FORWARD COPIES OF SAID RESOLUTION TO VOLUSIA COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.

Motion to adopt Resolution No. 11-64 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

Jim Morris, Attorney for applicant, is present to answer any questions. There were no comments/questions from Council or the public.

Motion carried unanimously by roll call vote.

21. Journey’s End Subdivision Final Plat & Plans – Case No. 00-50000008

 

Mayor Green read the item.

 

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

 

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

22. Developer for Journey’s End Subdivision and Country Inn and Suites site requesting deferral of payment of transportation fees and utility fee

 

Mr. Parker gave background of item and advised that this agreement is what Council and the applicant agreed to in April, 2011. Applicant agrees to a lien on the property.

 

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

 

All Councilmen support the item. Jim Morris, Attorney for applicant, appreciates the support.

 

Motion carried unanimously by roll call vote.

HUMAN RESOURCES (Rob Zicker)

 

23. Workforce Wellness Partnership

 

Rob Zicker, HR Director, gave some background and information on the wellness center and Florida Health Care's program. Mr. Zicker introduced representatives from FHC and explained the Brown & Brown presentations. Mayor Green asked if this program is the same as the Deland program. Mr. Zicker said yes, very similar but Deland is a complete stand-alone center. Port Orange is contracting with FHC to provide the upfront costs of the facility and the doctors/staff.

All Councilmen support the program.

 

Motion to approve item #23 subject to Attorney Roberts’ review made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.

 

ADMINISTRATION (Ken Parker)

 

24. Authorization for the City Attorney to send Notice of Non Acceptance to Veolia ES Solid Waste Southeast, Inc. including an alternative Notice of Termination for Convenience

 

Motion to approve Item #24 as presented made by Councilman Burnette and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote after no Council or public comments.

 

25. Impact Fees

 

Mr. Parker gave details and background of what other cities and the county are doing with impact fees. Mr. Parker discussed the memorandum provided in the agenda packet relating to the fire, parks & recreation, water/sewer, and transportation impact fees. Mayor Green doesn’t believe that deferring impact fees will have a positive impact. He believes it is the wrong thing to do. Vice Mayor Kennedy doesn't want to see the Council give anything away but also doesn't want to see developers go to other cities because they are waiving impact fees. He'd like to watch it for a year and handle it case by case. Councilman Pohlmann asked who would pay for the impact on new construction. Mr. Parker said the whole city would. Councilman Pohlmann would not agree to residential waivers on the west side, but would be happy with incentives on the east side and the Ridgewood corridor. He doesn't see the need for waiving fees on the west side. Councilman Burnette believes the Council should look at lowering the impact fees and believes it could raise more money for the City to help with infrastructure. He wants to be sure Port Orange is competitive. He supports a pilot program to monitor it. He doesn't agree with reducing the parks & recreation or water/sewer fees because they are needed and are underfunded now. Councilman Ford asked about the legal restrictions of impact fees. He believes the City should be moving away from impact fees because they are no longer justified. Mayor Green discussed accumulating property and exchanges and reselling. He doesn't believe eliminating impact fees is going to cure the problems on Ridgewood and other areas. Mayor Green asked that this discussion be blended with the December 6 workshop.

 

Mr. Parker raised the issue with the Eagles and gave details of the fees due after credits were given for the demo of the old building. Mayor Green's position is that the Eagles should pay the amount due. He agrees to a transition period. Councilman Ford believes for equity reasons, they should pay. Councilman Burnette thinks the City should help them and others in the Ridgewood corridor. Councilman Pohlmann and Vice Mayor Kennedy believe they need to pay the amount due.

Bob Tedeschi of the Eagles, is concerned with the transportation fees. He asked that the Council provide some relief. Mayor Green agrees to working on a payment plan, but no reduction. Councilman Burnette is ok with reducing transportation fee because he doesn’t believe there is additional impact on the roadways because of the new building. Councilman Pohlmann supports a payment program, no reduction. Vice Mayor Kennedy agrees with Councilman Pohlmann and Mayor Green. Attorney Roberts advised that an ordinance is needed to have a uniform rule. Councilman Ford and Councilman Burnette believe that if there are any incentives for Ridgewood in the future, the Eagles should be included. 

 

COUNCIL COMMENTS

 

26. Comments/Concerns from Council Members

 

Discussion was held relating to the EVAC issues with paramedics. Councilman Burnette is not happy with the Veolia ad. Vice Mayor Kennedy advised that Spruce Creek High School Color Guard is looking for a place to workout. If anyone can help them, please contact the school directly.

Attorney Roberts updated Council on the progress with Waste Pro. The City Attorney has received a signed indemnity agreement and 5 year contract. The first reading is set for December 6 and second reading for December 13. The Contract and Agreement are irrevocable. Attorney Roberts will be sending out a report regarding the status of Veolia and the hearing next week. Attorney Roberts advised that Summit Golf vote is needed from Councilman Ford (he did not have a conflict of interest, cannot abstain from voting): vote is no. Attorney Roberts advised that Staff is working on the ordinances on internet cafes. Discussion was held on advertisements for the ordinances. Council would like to see the ordinances and then will advise.

Mr. Parker advised that Thursday is the employee recognition luncheon and 6:30 meeting. Friday 10am Veteran's Day ceremony.

Attorney Roberts asked for consensus to allow Waste Pro to provide Attorney Noah Mckinnon to represent the City. Consensus agrees but request Attorney Larue as backup.

ADJOURNMENT:    9:29p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager