REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JANUARY 24, 2012
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
Roll Call: Present: Councilman Bob Ford
Councilman Donald Burnette
Councilman Dennis Kennedy
Vice Mayor Bob Pohlmann
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. Local Business Spotlight
Debbie Connor introduced Grace Manor representatives. Mayor Green welcomed the company and thanked them for coming.
5. Atlantic High School Football Team
Atlantic High School Football Coach was presented a Proclamation from Mayor Green for finishing second in the district and qualifying for the State high school playoffs. First time in 16 years to go to the playoffs. Mayor Green thanked Coach for his work and keeping the kids involved.
STATE OF THE CITY ADDRESS
Kent Donahue, Special Assistant to the City Manager, presented the State of the City Address via video. Written reports are available from the City Clerk's office.
Ricardo gave the first quarter FY12 report for Cypress Head Golf Course. This year is the 20th anniversary. The celebration will be held throughout the year. Mike Collins, General Manager, advised that they are having a Super Bowl party and a Valentine's party. They will also be holding antique car shows.
The City Council meeting recessed at 7:23p.m.
TOWN CENTER CRA MEETING
Town Center CRA Meeting minutes are under separate cover.
EASTPORT CRA MEETING
Eastport CRA Meeting minutes are under separate cover.
The City Council meeting reconvened at 7:44p.m.
CITIZEN PARTICIPATION (Agenda)
7. The Drool, Inc. has requested permission to construct a covered pavilion in the Seemor Memorial Dog Park on Spruce Creek Road in Port Orange at their sole expense and in compliance with all City Codes and all necessary permits
Bob Sharpe, The Drool, Inc., addressed Council regarding a pavilion at the Seemor Memorial Dog Park. John Junco updated Council on the design thoughts. Mr. Junco advised that they are looking for concept approval. Attorney Roberts asked if there was anything in writing from the Family Days Community Trust Fund and if there was a performance bond. Mr. Junco said it will be considered a regular job. Consensus of the Council is that they can move forward.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Ted Noftall addressed Council regarding the budget review as it relates to the solid waste fees. Mr. Parker advised that the adjustment will be discussed on February 7, 2012.
Vicki Koch, 11 Cedar St., relating to the dock usage to new owners and/or tenants. Will they be able to enter into a License Agreement? Shannon Lewis, Asst. City Manager, advised Council that Ms. Koch's question is will Council be willing to enter into a License Agreement with an owner or tenant in the future. Councilman Burnette recalls this being discussed during the initial discussions some months ago. Councilman Ford believes there needs to be a policy allowing new owners or tenants to enter into a License Agreement to access the water across from their properties so as to not de-value their properties. Consensus is to allow. Attorney Roberts explained that it's a policy that may change with each new Council.
8. Project Managers’ Report
9. Refurbishment of Granular Activated Carbon Filter Unit at Reclaimed Water Plant
10. Modification of the Public Utilities Department Organizational Structure
11. Approval of waiver of the bidding requirements for the selection of a sole source Vendor for the design and construction of repairs to the retaining wall on the Cambridge canal at Apple Court.
Motion to approve Consent Agenda made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
FINANCE (John Shelley)
12. Resolution No. 12-2 – Budget Resolution for Yorktowne (CONTINUED FROM JANUARY 17, 2012)
After hearing the discussion as listed under item #15, item #12 was discussed.
Mayor Green read Resolution #12-2.
RESOLUTION NO. 12-2
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution #12-2 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.
Councilman Ford does not agree with project. Councilman Burnette is concerned with losing money for project.
Motion carried 4-1 by roll call vote, with Councilman Ford voting no.
13. Water and Sewer Energy Charges Discussion
Mr. Parker discussed item #13, advising Council of Staff’s report.
Motion to leave rates as is made by Vice Mayor Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
14. First Reading - Ordinance No. 2012-1 – Ordinance Approving the 6th Amendment to the Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development Case no. 11-40000002
Mayor Green read ordinance No. 2011-1.
ORDINANCE NO. 2012-1
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE SIXTH AMENDMENT TO THE AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT FOR THE PORT ORANGE GATEWAY CENTER PCD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECIVE DATE.
Motion to approve Ordinance No. 2012-1 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.
Tim Burman, Principal Planner, explained ordinance. Staff recommends approval.
Glen Storch, Attorney for applicant, addressed Council on the plan. He is available for questions. No questions from Council. All in agreement. No public comments.
Motion carried unanimously by roll call vote.
15. Concurrency and Fair-Share Agreement & Public Improvement Agreement for the Altamira Final Site Plan & for the Dunlawton-Yorktowne Property Case No. 11-80000011 (CONTINUED FROM JANUARY 17, 2012)
Mr. Parker discussed the values and scenarios for the Crosby Parcel. Staff and applicant are available for questions and discussion. Attorney Roberts advised that she has received the agreements but she believes the applicant needs to present their requests. Mayor Green is concerned about safety relating to the traffic. Mark Watts with Cobb Cole, attorney for applicant, addressed Council. Parties are here and ready to sign. They are in agreement with the numbers presented by Mr. Parker; however, the Crosby residual includes the B-19 canal which can't be improved.
Mayor Green advised that he has met with the applicant but has not made any promises. He also met with the public last night. Attorney Roberts advised that these are estimates and Council is not required to commit until after the road is complete. Mayor Green asked about the relocation of the canal. Mr. Parker advised that the City is not responsible for any of the costs, as well as the wall.
Councilman Burnette asked if the road could be 2-lane instead of 4-lane.
Wayne Clark, Community Development Director, showed the site plan that Staff is currently reviewing and explained the plan segments.
Attorney Roberts explained the issue at hand with the value of Crosby.
Charles Lichtigman addressed Council relating to the value of Crosby vs. the unusable portion. Asking for fairness in the calculation of the Crosby value. They are ready to move forward with any decision.
Councilman Ford doesn't approve of the road at all and he is concerned about the money invested. He wants to be as non-intrusive as possible to the residents of the area.
Councilman Burnette is concerned with safety and capacity issues. He wants to know if a 2-lane road would work. Wayne Clark doesn't believe it needs to be 4-lanes to handle the capacity. Mr. Clark explained the bigger picture relating to the road expansion. He stated, although it will be inconvenient for some of the residents in the area, studies have shown that it is best for the community as a whole. FDOT has stressed the importance of removing the light at Taylor Branch Road.
Discussion held regarding the road extension.
Mayor Green disagrees with Councilman Ford about the need for the road. It's going to be needed eventually.
Councilman Kennedy advised that he also spoke with Attorney Mark Watts prior to the meeting.
Mr. Watts explained that they never wanted the road; they didn't want a 4-lane road. They were told they had to build the road and it had to be 4 lanes. Attorney Roberts disagrees. Mr. Watts advised that the comp plan adopts a 4 lane road. Attorney Roberts agrees. Mr. Watts said they cannot move forward without the road because the certificate of occupancy is tied to the road being done.
Mayor Green asked for public comments –
Resident, Katherine Negrini of Sweetwater Blvd., addressed Council regarding her property values.
Phil Klema, Azalea Point Park, asked if concurrency allows the city to deal with the interchange at 95. He believes Taylor Branch and Dunlawton is dangerous.
Ken Pelot, Sweetwater Blvd., discussed the road. Council, developer, and citizens don't want the road. Why are we spending $3 million on a road no one wants?
Paul Holub, developer, they have no problem using the average of the appraisals. The City can keep Crosby or consider removing the canal from the value. The developer is paying to have stormwater done for the road, lights, walkways, and other components that the City doesn't have to pay for, plus FDOT funds are available for this project right now. They would consider giving homeowners money to plant natural buffers rather than building a taller wall. It’s important to move forward, so they don't lose tenants.
Mr. Watts advised that they are happy to move forward with the City.
Attorney Roberts said it's not been a requirement of the developer to build the road.
Mayor Green explained that Council needs to decide:
1) Does council agree to the exchange of the property?
2) How to address and handle the road issues?
Attorney Roberts explained that the comp plan requires a 4-lane road. It would need an ordinance to change.
Motion to approve Concurrency and Fair Share Agreement and Public Improvements Agreement as recommended by Staff and amended by the developer to allow 120 days for payment by Dunlawton-Yorktowne and 30 days for Four Lanes to make payment made by Vice Mayor Pohlmann, and Seconded by Councilman Burnette.
MOTION WAS NOT VOTED ON AND IS OPEN FOR THE FEBRUARY 1, 2012 SPECIAL MEETING.
Motion to move item to February 1, 2012 at 5:30 pm made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.
Chris Chalis, Attorney for applicant, explained the minor changes of the document that has been signed by the applicant.
Motion to move item to February 1, 2012 at 5:30 pm carried unanimously by voice vote.
Council recessed for five (5) minutes.
PARKS AND RECREATION (Susan Lovallo)
16. Resolution No. 12-4 - Approval of Interlocal Agreement with City of South Daytona to waive non-resident fees for select leagues participating in Babe Ruth Baseball and Softball
Mayor Green read Resolution No. 12-4.
RESOLUTION NO. 12-4
A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTH DAYTONA, FLORIDA, PROVIDING FOR THE RECIPROCAL WAIVER OF NON-RESIDENT FEES FOR SELECTED BABE RUTH YOUTH BASEBALL AND SOFTBALL LEAGUES; PROVIDING FOR REPEAL OF OTHER CONFLICTING RESOLUTIONS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-4 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote.
PUBLIC WORKS (Warren Pike)
17. First Reading – Ordinance No. 2012-2 - Acceptance of Veolia ES Request to Terminate Non-Exclusive Roll-Off Franchise
Mayor Green read Ordinance No. 12-2.
ORDINANCE NO. 2012-2
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLROIDA, AMENDING ORDINANCE NU. 2011-30 RELATING TO A NONEXCLUSIVE FRANCHISE FOR ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; ACKNOWLEDGING THAT VEOLIA ES SOLID WASTE SOUTHEAST, INC. HAS TERMINATED ITS FRANCHISE AGREEMENT; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2012-2 on First Reading made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
PUBLIC SAFETY (Jerry Monahan)
18. Crime Report
Gerald Monahan, Public Safety Director, gave the report regarding crime in the city for the months of October, November, and December, 2011.
ADMINISTRATION (Ken Parker)
19. Authorization to issue a Request for Proposals (RFP) for sale or exchange of property in the Riverwalk Project Area – RFP #12-2 (CONTINUED FROM JANUARY 17, 2012)
Mr. Parker advised Council that the CRA needs to revisit this item before Council can and requested that the item be moved to February 7, 2012. Council agreed
20. Comments/Concerns from Council Members
Councilman Ford thanked Shannon Lewis, Asst. City Manager, for her work on a recent issue.
Councilman Burnette thanked Roger Smith, Public Utilities Director and the Public Utilities Department for their work on the open house at the water plant. He invited the new principal from Atlantic High School to come to Council. Mayor Green said he'd like to hear from all the schools’ principals.
Vice Mayor Pohlmann asked about the Summertrees viewing problems. Chief Monahan said traffic officers took lots of pictures and tried to get in touch with Vice Mayor Pohlmann to get more details on the exact location. Vice Mayor Pohlmann provided more details to Chief Monahan. They will make contact with the county.
Councilman Kennedy thanked Roger Smith and staff, as well. Said it was a great event, he was pleased with the turnout. Mr. Parker informed Council that there were about 100 people in attendance.
21. City Council Committee Reports
a. City Investment Committee- Mr. Parker advised that they meet in February.
b. Transportation Planning Organization (TPO) - Councilman Ford reported that they discussed the requirements with doing Spanish translations, talk of making I-95 6-lanes in Brevard County.
c. Library Advisory – Councilman Kennedy reported that they haven’t met since the last report.
d. Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported that the meeting is next month.
e. Municipal Police Officers Retirement Trust – Councilman Kennedy reported that the meeting is next month.
f. General Employees General Retirement Trust – Councilman Ford reported that they are in the hole slightly, actuary presentation will be done in March.
g. YMCA – Vice Mayor Pohlmann reported that John Shelley gave the report with the monthly finance report.
h. Volusia Council of Governments (VCOG) – Mayor Green was unable to attend because he was meeting with residents regarding the Altamira project.
i. Volusia League of Cities – Councilman Burnette reported that there is a dinner at Stetson on Thursday night.
j. ArtHaus - Councilman Burnette reported that there will be an Open House Exhibit for A.P. and Honors students on Thursday from 5-7pm. Mayor Green asked Councilman Burnette to ask them if they want to put art at Cypress Head from time to time.
k. Port Orange/South Daytona Chamber of Commerce – Councilman Burnette reported that the Chamber breakfast was well attended. Grace Manor hosted the after-hours event this month.
l. Golf Course Board of Directors – Mayor Green advised that the report was given by Kempersports earlier in the meeting.
m. Communications Interlocal Agency (CIA) – Mayor Green advised that the CIA has been terminated, and property is being split up now.
Mr. Parker advised Council that the Family Days Trust is asking to place paddle boats in the City Center lake. Discussion was held regarding water quality. The consensus of Council is that the water is not good enough and it’s not an appropriate use of the lake.
Mr. Parker reminded Council of the Shade meeting on February 1, 2012 at 6:30pm, and the Special meeting on February 1, 2012 at 5:30pm.
Mayor Allen Green
Kenneth W. Parker, City Manager