REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

DECEMBER 13, 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

 

CITIZEN PARTICIPATION (Agenda)

 

4.    PFM Asset Management, LLC Presentation to City Council – Annual Investment Performance Review Fiscal Year Ended September 30, 2011

John Shelley, Finance Director, introduced Steve Alexander of PFM Asset Management, LLC. Mr. Alexander presented the annual investment performance review for fiscal year ending September 31, 2011. Highlights of the year include: the downgrade of US treasuries AAA to AA+; continued downgrading of European securities.

Mayor Green asked for public comments, there were none. Council thanked Mr. Alexander for his service and the report.

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Ben Talluto addressed Council regarding flooding and mosquito control issues between Meeker Place and Halifax. He feels the problem began with homeowners throwing their yard waste in the ditch. He would like the City to go out and trench the ditch. He believes it is blocked at Meeker Place and the water can't get out. Mayor Green asked where the water would go if the ditch were opened. Mr. Parker advised that Staff will meet with Mr. Talluto and see what might help.

 

CONSENT AGENDA

 

5.    Approval of Minutes

a.    December 6, 2011 – Special City Council Meeting

b.    December 6, 2011 – Regular City Council Meeting

6.    Staff Reports - Building Activity Report and Monthly Development Activity Report for November, 2011.

7.    Written report from KemperSports Management regarding Cypress Head Golf Course (November, 2011)

8.    2011 Concurrency Management Report

9.    Water System Replacement Bid Award, #B-12-01

10. 2011 Edward Byrne Memorial Justice Assistance Grant

11. Engagement of Legal Services relating to Veolia ES Solid Waste Southeast, Inc. vs. Waste Pro and the City of Port Orange

12. Acceptance of settlement in the case of Jerome Schrock vs. City of Port Orange

 

Motion to approve Consent Agenda made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

FINANCE (John Shelley)

 

13. First Reading – Ordinance No. 2011-37 – General Employee’s Pension Ordinance

 

Mayor Green read Ordinance No. 2011-37.

 

ORDINANCE NO. 2011-37

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 54, ARTICLE VI, CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA, ENTITLED 2003 GENERAL EMPLOYEES' RETIREMENT SYSTEM; AMENDING SECTION 54-146, DEFINITIONS BY SPECIFICALLY AMENDING THE DEFINITION OF “AVERAGE MONTHLY COMPENSATION”; AMENDING SECTION 54-147, PARTICIPATION; AMENDING SECTION 54-150, NORMAL RETIREMENT AND RETIREMENT INCOME, AND SPECIFICALLY SUBSECTION (B) AMOUNT OF RETIREMENT INCOME, SUBSECTION (D) SUPPLEMENTAL RETIREMENT INCOME AND SUBSECTION (E) AD-HOC COST-OF-LIVING INCREASE; AMENDING SECTION 54-151, EARLY RETIREMENT AND RETIREMENT INCOME, AND SPECIFICALLY SUBSECTION (C) MINIMUM MONTHLY RETIREMENT INCOME AND SUBSECTION (E) SUPPLEMENTAL RETIREMENT INCOME; CREATING SECTION 54-175, CITY OF PORT ORANGE DEFINED CONTRIBUTION RETIREMENT PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REAL OF CONFLICTING ORDINANCES; PROVIDING RIGHTS OF SEPARATED EMPLOYEES NOT AFFECTED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-37 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Councilman Ford has concerns with this Ordinance. He feels the Ordinance may chase away highly qualified candidates. Councilman Burnette agrees, feels that it is needed now, but Council needs to think about changes in the future. Councilman Pohlmann asked for the differences between this plan and the FRS. Mr. Parker explained the differences and some of the changes. Vice Mayor Kennedy agrees as well. He feels one of the attributes of the City has always been longevity of the employees. Mayor Green feels that everything the Council implements must be sustainable. Mr. Parker further explained the differences. The changes in this Ordinance parallel the changes in the PEA contract. This pension plan is in good shape. The vesting schedule is the same as it has been since approx. 1980.

 

No public comments.

 

Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

14. Second Reading – Ordinance NO. 2011-32 – Land Development Code Text Amendments/Pain Management Clinics (Case no.: 11-25000001)

 

Mr. Parker advised that the item has not been advertised completely as required. Staff requests that Council read the Ordinance and ask for public comment, but vote on it at the next meeting.

 

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 NOMALIGNANT 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 continue Second Reading of Ordinance No. 2011-32 until January 3, 2012 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.

 

Mayor Green asked for public comments, there were none.

 

Councilman Ford asked about the definition of pain management clinics. He doesn't want to limit regular "real" doctors. Attorney Roberts will check into the concern.

Vice Mayor Kennedy asked if the legislature is working on this issue. Attorney Roberts said yes.

 

Motion carried unanimously by roll call vote.

 

15. Second Reading – Ordinance No. 2011-34 – Adoption of the 2011 Capital Improvements Element (C.I.E.) Annual Update (Case no.: 11-27500001)

 

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 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

 

16. Second Reading - Ordinance No. 2011-36 – Code of Ordinances Text Amendment/Foreclosure Registry, Case no 11-25000007

 

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. 2011-26 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

 

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

 

17. First Reading – Ordinance No. 2011-33 – Code of Ordinances Text Amendments/Pain Management Clinic (Case no.: 11-25000001)

 

Mayor Green read Ordinance No. 2011-33.

 

ORDINANCE NO. 2011- 33

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING A NEW ARTICLE XII, TO CHAPTER 18 OF THE CODE OF ORDINANCES, ENTITLED PAIN MANAGEMENT CLINICS; PROVIDING FOR REGULATION OF PAIN MANAGEMENT CLINICS; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICATION PROCESS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-33 made by Councilman Burnette, and Seconded by Councilman Pohlmann.

 

Tim Burman, Principal Planner, addressed Council with requirements of the Ordinance. Vice Mayor Kennedy asked about the legislative changes. Attorney Roberts believes the ordinance may need to be changed to parallel the legislation.

 

Motion carried unanimously by roll call vote.

 

18. First Reading – Ordinance No. 2011-38  - Code of Ordinances Text Amendments/Simulated Gambling Devices (Case no.: 11-25000006)

 

Mayor Green read Ordinance No. 2011-38.

 

ORDINANCE NO. 2011-38

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATED TO SIMULATED GAMBLING AND SIMULATED GAMBLING DEVICES IN THE CITY OF PORT ORANGE, CREATING ARTICLE XI CHAPTER 18, OF THE PORT ORANGE CODE OF ORDINANCES, ESTIABLISHING A GENERAL PROHIBITION OF SIMULATED GAMBLING AND SIMULATED GAMBLING DEVICES; AMENDING SECTION 18, ARTICLE V, BILLIARDS, POOL AND COIN OPERATED DEVICES; AMENDING SECTION 18-96 DEFINITIONS; AMENDING SECTIONS 18-104 THROUGH 18-107 RELATING TO BUSINESS TAX RECEIPT AND REGISTRATION, APPLICATIONS, OPERATIONS AND PEACE DISTRUBANCES AND GAMBLING; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-38 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Tim Burman, Principal Planner, provided Council with a summary of the proposed amendments. Councilman Burnette asked how this ordinance affects current businesses with devices. Mr. Burman said the devices would need to be removed.

 

Motion carried unanimously by roll call vote.

 

19. First Reading – Ordinance No. 2011-39 – Land Development Code Text Amendments/Simulated Gambling Establishments (Case no.: 11-25000006)

 

Mayor Green read Ordinance No. 2011-39.

 

ORDINANCE NO. 2011-39

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY OF PORT ORANGE, FLORIDA, CHAPTER 2, SECTION 2, DEFINITIONS FOR SIMULATED GAMBLING ESTABLISHMENT AND ADULT ARCASE AMUSEMENT CENTER; AMENDING CHAPTER 12, SECTION 4, DELETING PARKING FOR ADULT ARCADE AMUSEMENT CENTER; AMENDING CHAPTER 17, SECTION 1(f), RELATING TO PROHIBITED USES; AMENDING CHAPTER 17, SECTION 22(bb)(1), DELETING ADULT ARCASE AMUSEMENT CENTER AS A PERMITTED USE WITH SPECIAL DEVELOPMENT REQUIREMENTS; AMENDING CHAPTER 17, SECTION 30(d)(4), PROHIBITED USES; AMENDING CHAPTER 18, SECTION 4(b)(1), DELETING ADULT ARCASE AMUSEMENT CENTER; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-39 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Tim Burman, Principal Planner, referred to the information provided under item #18.

 

Motion carried unanimously by roll call vote.

 

20. First Reading – Ordinance No. 2011-40 – Ordinance Rezoning & Approving a Master Development Agreement & Conceptual Development Plan/Altamira Shopping Village PCD (Case no.: 11-65000001)

 

Mayor Green read ordinance No. 2011-40.

 

ORDINANCE NO. 2011-40

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING PROPERTY CONSISTING OF APPROXIMATELY 33.2 ACRES LOCATED ON THE NORTH AND SOUTH SIDES OF TAYLOR ROAD, WEST O FCLYDE MORRIS BOULEVARD FROM ICD (INTERCHANGE COMMERCIAL DISTRICT), A (AGRICULTURAL) AND F-C (FLOODPLAIN CONSERVATION) TO PCD (PLANNED COMMERCIAL DEVELOPMENT); ESTABLISHING BOUNDARIES, AURHORIZING REVISION OF THE OFFICIAL ZONING ATLAS; APPROVING THE ALTAMIRA SHOPPING VILLAGE MASTER DEVELOPMENT AGREEMENT FOR PLANNED COMMERCIAL DEVELOPMENT MASTER DEVELOPMENT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-40 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Tim Burman, Principal Planner, provided details to Council. Vice Mayor Kennedy supports the item. It's been in the works for a while. Chris Chalis, Attorney for applicant, answered questioned of Councilman Pohlmann relating to tenants for the shopping center. Councilman Burnette asked about traffic flow changes with the road extension. Mr. Chalis advised there will be a traffic light at Boggsford and Yorktowne. Sans Lassiter advised Council that he has spoken with the County today and believes they can work out the issues with the entrance to the Church. Discussion was held relating to the canal and the environmental impact. Councilman Ford doesn't like the environmental impact, but feels it's too late in the game to not move forward. Councilman Ford asked how much money the City is paying towards this project. Mr. Parker explained where all of the dollars are coming from: $2.4 million from the City, with $1.2 million coming from another project that was set aside for this project. Margaret Momberger, Principal Planner, addressed Council relating to landscaping plans for the project and for the BJ's site. Mayor Green wants the applicant to take the environment into consideration with regards to the canal.

 

No further comments from the public.

 

Attorney Roberts advised that the survey provided to Council does not show the trees. Margaret Momberger has the full survey and can provide it to Council prior to the second reading.

 

Motion carried by roll call vote: 4-1, with Councilman Ford descending.

 

21. Resolution No. 11-69 - Supplemental LAP Agreement for design of the Herbert Street sidewalk between Golden Gate Circle and Nova Road

 

Mayor Green read Resolution No. 11-69.

 

RESOLUTION NO. 11-69

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM SUPPLEMENTAL AGREEMENT FOR FPN 430228-1-38-01, RELATING TO SIDEWALK DESIGN FOR HERBERT STREET BETWEEN GOLDEN GATE CIRCLE AND NOVA ROAD; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE SUPPLEMENTAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 11-69 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Discussion held regarding how much sidewalk will be put in the area and the right of way issues. Bill McCord, Transportation Planner, addressed Council's concerns and explained the design.

 

No public comments.

 

Motion carried unanimously by roll call vote.

 

PUBLIC WORKS (Warren Pike)

 

22. Second Reading – Ordinance 2011-35 - Granting Exclusive Franchise for Collection and Disposal of Solid Waste, Yard Waste and Recyclable Materials – Waste Pro

 

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, IN., 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 Councilman Burnette, and Seconded by Councilman Ford.

 

No public comments.

 

Motion carried unanimously by roll call vote.

 

23. Award Solid Waste Contract to Waste Pro

 

Motion to approve award of solid waste contract to Waste Pro of Florida, Inc. made by Councilman Ford, and Seconded by Councilman Pohlmann.

 

No public comments or Council comments.

 

Motion carried unanimously by roll call vote.

 

ADMINISTRATION (Ken Parker)

 

24. Resolution No. 11-65 – Volusia ECHO Water Access Land Acquisition Grant (Acquisition of the riverside property east of 3900 Halifax Drive)

 

Mayor Green read Resolution No. 11-65.

 

Motion to approve Resolution No. 11-65 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette.

 

Mr. Parker advised that this item will authorize Staff to submit the application. Then appraisals will be done and Council can decide if they want to proceed. The project is 50/50. Discussion was held regarding the value of the land. Phil Klemha asked if the riparian rights can be separated from the land. Attorney Roberts will research the answer to that.

 

Motion carried unanimously by roll call vote.

 

25. Legislative Support Contract

 

Mr. Parker discussed the policy issues at hand. The first policy question is will the Council employ a lobbyist to represent their interest in Tallahassee. Councilman Ford does not support lobbyists and doesn't support the City employing one. Councilman Burnette agrees with Councilman Ford in principal but also believes that the City needs to be included in the lobbying. Councilman Pohlmann believes Pittman Group has kept the Council informed, but nothing else has been accomplished. He also doesn't like the system. Contract price was discussed. Councilman Pohlmann supports renegotiating a contract. Vice Mayor Kennedy agrees that he doesn't like the system, but the system is there and he believes the City needs to be represented in Tallahassee. Mayor Green believes the information is valuable and it's necessary to have a lobbyist representing the City.

 

Motion to retain the services of a lobbyist made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion carried by roll call vote 4-1, Councilman Ford descending.

 

Motion by Vice Mayor Kennedy to retain Pittman Law Group, and Seconded by Councilman Pohlmann.

 

Mayor Green asked for Sean Pittman to attend a Council meeting.

 

Mayor Green asked for public comments: Anne Ianchello asked Council if they feel the money spent was worth it. Mayor Green, Vice Mayor Kennedy, and Councilman Pohlmann say yes, Councilman Ford says no. Mayor Green gave examples of what projects and information have come from the money spent, i.e. Rose Bay, Dunlawton causeway, etc.

 

Motion carried by roll call 3-2, with  Councilman Burnette and Ford descending.

 

COUNCIL COMMENTS

 

26. Comments/Concerns from Council Members

 

Councilman Ford asked Mr. Parker what can be done this year about Riverwalk. He wants the properties to meet code. He's working on information relating to the pension administrative costs.

Mayor Green asked each Councilman to write a list of goals for the new year.

Councilman Burnette has people complaining about Waste Pro still. He congratulated students at Silver Sands and Creekside Middle Schools who are going to Washington, DC today and tomorrow. He advised that Atlantic High School’s football made the playoffs. He'd like to recognize them at an upcoming Council meeting. He thanked Council for their professionalism and guidance during his first year.

Vice Mayor Kennedy gave kudos to Warren Pike, Public Works Director, for the job on Spruce Creek Road during the recent rain. A citizen brought him paper relating to a property on the market near Cracker Creek that the citizen feels would be a good addition to the City. Vice Mayor Kennedy will pass it on to Mr. Parker but the thoughts were the City doesn’t have money to purchase it although it’s a great piece of land.

Mayor Green doesn't appreciate when a citizen attacks a person on a personal basis, it's not professional. He reminded Council that tomorrow is the cookout for employees.

Attorney Roberts thanked Council and Staff for their work and for allowing her to serve.

Mr. Parker reminded Council of the library breakfast tomorrow, the employee reception on Wednesday at 3pm. He also reminded Council of the pancake breakfast on 12-23-11 at 7-9am in the break room of City Hall. Town Center needs to meet to discuss the RFP on January 10, 2011 at 5:30p.m. Date was good with all. The CRA will also need to talk about the Riverwalk park options.

ADJOURNMENT:     9:49p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager