REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

DECEMBER 6, 2011

 

THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:02 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

 

CITIZEN PARTICIPATION (Agenda)

 

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

 

Debbie Connors gave the quarterly report from the Chamber of Commerce.

 

5.    Volusia Growth Management Committee Report by Debbie Connors

 

Debbie Connors gave the report for the Volusia Growth Management Committee.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Cast/Crew of West Side Story from Spruce Creek High School introduced themselves to Council. Three shows left: Friday, Sat at 7:30pm, Sunday at 2pm. Tickets are $12/adults, $10/students, and $8/seniors. Thanked the community for their support. Mayor Green thanked them for coming and for their time.

 

Boy Scout Troop 436 scouts introduced themselves.


CONSENT AGENDA

 

6.    Approval of Minutes

a.    November 1, 2011 – Regular City Council Meeting

b.    November 8, 2011 – Special City Council Meeting

c.    November 8, 2011 – Regular City Council Meeting

7.    Written report from KemperSports Management regarding Cypress Head Golf Course

8.    Construction Activity Report

9.    Reinstatement of Seniority – Officer Dale Harler

10. Range and Training Facility Agreements

11. Contract Extension with SNF Polydyne Inc. for Cationic Emulsion Polymer used at the Wastewater Treatment Plant

12. Contract Extension with Florida N-Viro L.P. for Transportation and Disposal of Bio-Solids

13. Award of Bid No. 11-21 Dunlawton Avenue (SR421) at Village Trail Turn Lane

14. Award of Bid No. 11-22 Willow Run Blvd. at Clyde Morris Blvd. Turn Lane

15. Daytona Dirt Riders Association 2012 Alligator Enduro Event

16. Reclaimed Water Plant Outfall Pump Rehabilitation by Stewart’s Electric Motor Works

17. Proposed Six Month Extension of Existing Volusia County License Agreement – South Swallow Tail Drive Votran Transit Transfer Station

18. Request to submit Transportation Community System Preservation (TCSP) Program Grant Applications for FY 2012 to the Florida Department of Transportation (FDOT)

19. City Attorney’s Report

 

Councilman Burnette asked that item #19 be pulled for further discussion.

Councilman Ford asked that items #10, 15, and 18 be pulled for further discussion.

 

Motion to approve Consent Agenda items #6-9, 11-14, and 16-17 made by Councilman Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

Councilman Ford, as to item 10, asked if the City will be getting a police range. Mr. Parker advised that it will come out of the police department forfeiture fund and the place will have to be decided by Council.

 

Motion to approve Consent Agenda item #10 made by Councilman Ford, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

Councilman Ford, as to item 15, advised that doesn't agree with the Enduro race, and has a problem with the fact that the group is not charged to use the facilities when others have to pay. He feels Council is being inconsistent. He wants the taxpayers to have a chance to use the property. A representative from Daytona Dirt Riders Association addressed some of the concerns of Councilman Ford. They have worked with the City for the past 20 years and appreciate the cooperation. They contribute $4,000-6,000 back to the community. Last year they donated $1500 to Port Orange PAL. They pay for the police and fire services that are used that day. Shannon Lewis, Assistant City Manager, confirmed that the group pays for any costs incurred. Councilman Pohlmann supports the event and feels that a comparison needs to be made with regards to other organizations. Vice Mayor Kennedy agrees, they donate back to the City and it has been a great relationship. Mr. Parker advised that this is also a policy issue that Council needs to address.

 

Motion to approve made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried by 4-1 roll call vote. Councilman Ford voted no.

 

Councilman Ford, as to item 18, asked about putting $400,000 aside to cover the cost of the match. Mr. Parker said Resolution #11-63 will include it.

 

Motion to approve Consent Agenda item #18 made by Councilman Ford, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

Councilman Burnette, as to item 19, asked how much Innoprise owes the City. Attorney Roberts explained $80,000 approx. and there is a hearing on Dec 14th.

 

Motion to approve Consent Agenda item #19 made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

BOARD APPOINTMENTS AND INTERVIEWS

 

20. Board Appointments

a.    Planning Commission

 

Motion to appoint Frank Crooks to the Planning Commission made by Councilman Burnette, and Seconded by Councilman Ford.

 

Frank Crooks introduced himself to Council and advised Council why he has applied for the position and how he can help the board. Mayor Green advised that Council is very dependent on the planning commission.

 

Motion carried unanimously by voice vote.

 

REPORT FROM ADVISORY BOARD

 

21. Citizen Advisory Committee for TPO

 

TPO report given by Bobby Ball.

 

FINANCE (John Shelley)

 

22. Resolution No. 11-60 – Budget Appropriations – Budget Encumbrance & Project Carryovers

 

Mayor Green read Resolution #11-60.

 

RESOLUTION NO. 11-60

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING FUNDS FOR PROJECT CARRY OVER FUNDS AND FISCAL YEAR 2010-2011 BUDGET ENCUMBRANCE CARRY OVERS TO FISCAL YEAR 2011-2012 BUDGET; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 11-60 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried by roll call vote 4-1. Councilman Burnette voted no.

 

23. Resolution No. 11-63 – Budget Appropriations – Additional Project Carryovers

 

Mr. Parker asked that Resolution No. 11-63 be returned to Staff. Council agreed.

 

24. Resolution No. 11-67 – Reduce Interest Rate on the outstanding 2008 Stormwater Utility Refunding Revenue Note, Series 2008 with Hancock Bank

 

Mayor Green read Resolution No. 11-67.

 

RESOLUTION NO. 11-67

 

 

A RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION NO. 08-43 ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 3, 2008 ENTITLED

"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 93-97; AUTHORIZING THE REFUNDING OF CERTAIN PRESENTLY OUTSTANDING STORMWATER REVENUE BONDS OF THE CITY; PROVIDING FOR THE ISSUANCE OF $4,610,000 STORMWATER UTILITY REVENUE NOTE, SERIES 2008 OF THE CITY TO REFUND SUCH BONDS; PROVIDING FOR THE PAYMENT OF SAID NOTE FROM THE REVENUES OF THE STORMWATER UTILITY SYSTEM OF THE CITY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AWARDING SUCH NOTE; FIXING THE DATE, MATURITY, INTEREST RATE AND REDEMPTION PROVISIONS WITH RESPECT TO SUCH NOTE; DESIGNATING THE PAYING AGENT AND REGISTRAR; AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY TO TAKE ALL ACTION NECESSARY IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE NOTE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE";

AMENDING THE RATE OF INTEREST ON THE NOTE AUTHORIZED THEREIN; AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY TO TAKE ALL ACTION NECESSARY IN CONNECTION WITH SUCH AMENDMENT; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Resolution No. 11-67 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.

 

Councilman Burnette asked about the payback timeframe on the closing costs. Toby Wagner advised it's about four (4) months. The only change is the rate, not length of payments or any other terms.

 

Motion carried unanimously by roll call vote.

 

25. Resolution No. 11 - 68 – Refinancing of SRF Loans

 

Mayor Green read Resolution No. 11-68.

 

RESOLUTION NO. 11-68

 

            A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, SUPPLEMENTING RESOLUTION NO. 93-16; AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING SUBORDINATE WATER AND SEWER DEBT OF THE CITY; PROVIDING FOR THE ISSUANCE OF $6,150,000 WATER AND SEWER REFUNDING REVENUE BONDS; PROVIDING FOR THE PAYMENT OF SAID REFUNDING BONDS FROM THE NET REVENUES OF THE WATER AND SEWER SYSTEM; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; ACCEPTING A PROPOSAL FOR THE PURCHASE OF SUCH BONDS; FIXING THE DATE, MATURITIES, INTEREST RATES AND REDEMPTION PROVISIONS AND OTHER DETAILS OF SUCH BONDS; FINDING THE NECESSITY FOR A NEGOTIATED SALE OF THE BONDS;  AUTHORIZING CITY OFFICIALS TO TAKE NECESSARY ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. 

 

Motion to approve Resolution No. 11-68 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote after no public comments.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

26. First Reading - Ordinance No. 2011-36 – Code of Ordinances Text Amendment/Foreclosure Registry, Case no 11-25000007 (Second Reading 12/13/11)

 

Mayor Green read Ordinance No. 2011-36.

 

ORDINANCE NO. 2011-36

 

AN ORDINANCE AMENDING CHAPTER 42, ARTICLE II, NUSIANCES, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ORANGE, FLORIDA, BY ADDING SECTION 42-33, TITLED ABANDONED REAL PROPERTY; PROVIDING FOR PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING FOR NOTIFICATION PROCEDURES; PROVIDING FOR THE REGISTRATION OF ABANDONED REAL PROPERTY BY MORTGAGEES; REQUIRING MORTGAGEES TO INSPECT AND MAINTAIN ABANDONED REAL PROPERTY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-36 on First Reading made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

Wayne Clark, Community Development Director, explained that this item has come from Council direction and gave details of the proposed ordinance. There were no public comments.

 

Motion carried unanimously by roll call vote.

 

PUBLIC SAFETY (Jerry Monahan)

 

27. Biketoberfest Report

 

Assistant Chief Miller and Sgt. Besuden advised Council that all went well for Biketoberfest other than the double fatality on Taylor Rd. on the last night.

 

PUBLIC WORKS (Warren Pike)

 

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

(CONTINUED FROM 10/28/11)

 

Mr. Parker advised that it is recommended by Staff that item #28 be withdrawn and returned to Staff.

 

Motion to withdraw Ordinance No. 2011-23 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote after no public comments.

 

29. Approval of Solid Waste Contract – Veolia (CONTINUED FROM 10/28/11)

 

Mr. Parker advised that item it is recommended that the item be withdrawn and returned to Staff.

 

Motion to withdraw item made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote after no public comments.

 

30. First Reading – Ordinance 2011-35 - Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste and Recyclable Materials – Waste Pro (Second Reading 12/13/11)

 

Mayor Green read Ordinance No. 2011-35.

 

ORDINANCE NO. 2011-35

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO WASTE PRO OF FLORIDA, 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.

 

Motion to approve Ordinance No. 2011-35 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Mr. Parker explained that this ordinance needs to be in place before the approval of the contract with Waste Pro for garbage service. Next week's meeting will contain the second reading as well as approval of the contract with Waste Pro.

 

Bob Wolk, Waste Pro representative, advised that garbage trucks picking up will have two employees and recycle will have one, which is the industry standard.

 

Wayne Wilcox, asked if they would be required to have new trucks. Mr. Parker explained that new equipment was brought and placed in service on November 1 when they were awarded the temporary contract.

 

Motion carried unanimously by roll call vote.

 

ADMINISTRATION (Ken Parker)

 

31. Discussion – Property at 1395 Dunlawton Avenue-Old Police Department

 

Mr. Parker asked Council whether or not they would entertain a lease or sales contract for the former police department property at 1395 Dunlawton. Mayor Green agrees to consider an offer. All Council members would like to retain the property, but offers will be accepted for sale or lease. Consensus is a preference of leasing rather than selling.

 

COUNCIL COMMENTS

 

32. Comments/Concerns from Council Members

 

Vice Mayor Kennedy commended Joan Parker for all of her service to the City of Port Orange. She will be missed

Councilman Pohlmann thanked Susan Lovallo and the Parks Staff for the events over the weekend. A lot of great comments from citizens.

Councilman Burnette asked about the CO for the Country Inn and Suites. Mr. Parker advised it was issued today. Councilman Burnette asked about the Herbert Street project. Mr. Parker explained that Council did not authorize Staff to sign any documents for that project so they have not. Councilman Burnette asked about presentations from the pension boards. Mr. Parker said the fire report has been received. He will send a letter to each in December for them to come to Council and present their reports in February or March. Mr. Parker will check with police for their report. Councilman Burnette is deeply concerned about the fire pension board. They operated in a loss last year. He asked if Staff could collect email addresses for business tax receipts. Wayne Clark advised that they have started.

Councilman Ford is concerned with the amount of money being spent on pension board "staff". He wants to address these expenses and try to consolidate the costs in the near future.

Mayor Green asked for a report on the parade. He asked about the Riverwalk project. Attorney Roberts advised that there was a meeting held and it looks like it will be coming to Council in January and spring for the RFP. Mayor Green asked when impact fees would be coming back. Mr. Parker said Jan 3rd.

Mr. Parker reminded Council of the board and commission reception on Dec 13 at 5:30pm, with service pins being presented to members. Wed is the Council cookout for the employees. There are a few ribbon cuttings coming up. Mr. Parker will send an email with information.

ADJOURNMENT:    8:35p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager