REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

FEBRUARY 28, 2012

 

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 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 RECOGNITION, PROCLAMATIONS, AWARDS

 

4.    Local Business Spotlight

 

Debbie Connors introduced Maria Mills-Benat. Mrs. Mills-Benat owns and operates A Gourmet Catering. Her salsa line has taken off and she is talking with a bottling company. Salsa Addiction sells salsa at the Green Market on Saturday mornings. Council welcomed Mrs. Mills-Benat and wished her luck.

 

BOARD APPOINTMENTS AND INTERVIEWS

 

5.    Board Appointments

a.    Planning Commission

 

John Connors introduced himself to Council as an applicant for the Planning Commission. Sonya Laney also introduced herself to Council. Maria Mills-Benat advised Council that she has recently been appointed to the Parks Board. Mayor Green asked Council to balance out the Planning Commission.

 

Motion to approve John Connors to the Planning Commission made by Councilman Burnette, and Seconded by Councilman Ford. Mayor Green made a Motion to nominate Sonya Laney to the Planning Commission, Councilman Kennedy seconded the Motion.

 

Motion as to Mr. Connors failed on a 2-3 roll call vote.

 

Motion as to Ms. Laney carried on a 5-0 roll call vote.

 

Attorney Roberts will check to see if Sonya Laney needs to resign from the General Employees’ Pension Board now that she is serving on the Planning Commission.

 

b.    Police Pension Board

 

David Strassel was not present; however, Councilman Kennedy advised Council that the applicant is an interested and active member with a background in firefighting. He has served well. Mayor Green advised that he has a concern with needing a financial and/or pension background for their appointee. Councilman Burnette agrees, and he doesn't see that type of background with Mr. Strassel. Councilman Ford wants to table it and talk about criteria for Council appointments. Vice Mayor Pohlmann agrees with tabling it. Councilman Kennedy advised that Mr. Strassel has some background in unions but he'd like applicant to appear to discuss his own qualifications with Council.

 

Motion to table the Police Pension Board Appointment made by Councilman Ford, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

SPECIAL REPORTS

 

6.    Report from KemperSports Management regarding Cypress Head Golf Course

 

Mike Collins, General Manager, gave the financial report for Cypress Head Golf Course and advised of upcoming events. Mr. Collins advised that the course is in great shape. He gave updates on the improvements being made on the course.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Betty Gonzalez, member of Young Professionals Group, introduced herself to Council and invited other young professionals to become a member of the Group. Daytona.ypg.com

Daniel Abrial, resident of Woodlake Subdivision, spoke to Council regarding Warren Pike. He believes Mr. Pike is the go-to guy for the City and he would like to see another option to help retain Mr. Pike.

John Labasco addressed Council regarding Warren Pike. He also believes Mr. Pike should be retained.

Andy Buchanan addressed Council regarding Warren Pike. He supports Mr. Pike.

 

CONSENT AGENDA

 

7.    Project Managers’ Report

8.    Historic Tree Removal Request – Residential Property, 6084 Summerlake Drive

9.    Final (Deductive) Change Order #1 with Eden Site Development Inc. for the Nixon Lane Area Utility Improvements Bid No. B11-01

10. Concurrency and Fair-Share Agreement for Gateway Center Lot 6A – Multi Tenant Retail, Case No. 11-80000018

11. Amendment 3 to Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates for a Multi-Purpose Field at Coraci Park

 

Mayor Green requested that Item #9 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #7, 8, 10, and 11 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Mayor Green asked about the non-payment by Eden Construction. Attorney Roberts explained that the City provided letters to the parties relating to the bonds. Attorney Roberts said the bond company needs to be notified before the payment is made.

 

Motion to approve Consent Agenda Item #9 made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

FINANCE (John Shelley)

 

12. Second Reading – Ordinance No. 2012-3 – Fire Impact Fees

 

Mayor Green read Ordinance No. 2012-3.

 

ORDINANCE NO 2012-3

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING CHAPTER 21, ARTICLE I RELATING TO FIRE/RESCUE IMPACT FEES; AMENDING SECTION 7 RELATING TO THE FIRE/RESCUE IMPACT FEE SCHEDULE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-3 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Ford wants to look at getting 100% of companies and residents in the city to pay for the services. Mayor Green advised that the non-profits would not like that.

 

Motion carried by 4-1 roll call vote. Mayor Green voted no.

 

13. Resolution No. 12-10 - Fire Impact Fee

 

Mayor Green read Resolution No. 12-10.

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING FIRE/RESCUE IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-10 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Attorney Roberts advised that the resolution moves the fee from the ordinance to a resolution so that it can be modified easier.

 

Motion carried by 4-1 roll call vote. Mayor Green voted no.

 

14. Resolution No. 12-11 - Parks and Recreation Impact Fee

 

Mayor Green read Resolution No. 12-11.

 

RESOLUTION NO. 12-11

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, PERTAINING TO THE REDUCTION OF CERTAIN IMPACT FEES; PROVIDING FOR THE AUTOMATIC REPEAL OF THIS RESOLUTION AND THE REINSTATEMENT OF THE FULL AMOUNT OF SUCH IMPACT FEES AS OF FEBRUARY 28, 2013; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-11 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Burnette asked about the dates. Mr. Parker explained the dates and the ratio with commercial and residential.

 

Motion carried by 4-1 roll call vote. Mayor Green voted no.

 

15. Monthly Financial Report

 

John Shelley, Finance Director, gave the financial report and highlighted the new report added relating to the cash on hand.

 

CITY MANAGER (Ken Parker)

 

16. Discussion regarding roads and sidewalks in Willow Lake Subdivision

 

Mr. Parker explained the item to Council. There was an issue on who owns the streets in Willow Lake subdivision. The City made a determination in the 1980's that the subdivision HOA was not allowed to put speed bumps in because it was a city road. The city has also done repairs to the sidewalks and streets very recently. Vice Mayor Pohlmann asked if past practice is a legal standing. Attorney Roberts said yes, although she's not sure where the sidewalk is that is being repaired. Mr. Parker said Moonstone Court side. Councilman Burnette believes the City needs to make it official that it is a city road. Mayor Green thinks they should support the active HOA. Councilman Ford said the police department always treated the streets as public roads when he was police chief. Council is in agreement that the streets are public streets.

 

COUNCIL COMMENTS

 

17. Comments/Concerns from Council Members

 

Councilman Ford asked about the Clark properties having outdoor sales at the Flea Market. He wants legislation for outdoor events at Tavern in the Garden.

Councilman Burnette doesn't see the necessity of paving and cleaning the old police department right now without knowing what is going to happen with the facility. Mr. Parker advised that it was part of the paving program. Councilman Burnette asked if public works and public utilities should be combined. Mr. Parker said staff will look into it and bring back information.

Vice Mayor Pohlmann would like to see if the City could hire a drug prevention officer or community service officer. Discussion was held regarding community policing with the fire departments. Mr. Parker advised that the Airport Road, Spruce Creek Road Park, etc. have those opportunities available now.

Councilman Kennedy is proud of how Port Orange is able to bring new commercial business into the City. Vice Mayor Pohlmann asked if the plans for Altamira are online. Wayne Clark, Community Development Director, said no, but they can post them in pdf form.

Mayor Green said he would like Council and Staff to look at the skate park before the money is spent. He visited with Palmer, their ribbon cutting is on Friday at 6pm.

 

18. City Council Committee Reports

a.    City Investment Committee – Councilman Kennedy reported that the meeting is coming up soon.

b.    Transportation Planning Organization (TPO) – Councilman Ford gave the TPO report and advised that they decided not to support a bill regarding disability crossings that would force local law enforcement to make changes without funding.

c.    Library Advisory – Councilman Kennedy advised that the meeting is on Thursday, March 1, 2012.

d.    Municipal Firefighters Pension Board – Vice Mayor Pohlmann advised that the Actuary is giving the report to Council on March 20, 2012. He missed the meeting that was occurring simultaneously to this meeting.

e.    Municipal Police Officers Retirement Trust – Councilman Kennedy reported that finances were good over the last quarter, but there is still an unfunded liability problem.

f.     General Employees General Retirement Trust – Councilman Ford reported that they also had a good quarter.

g.    YMCA – Vice Mayor Pohlmann advised that the report was given by John Shelley earlier in this meeting.

h.    Volusia Council of Governments (VCOG) - Mayor Green advised that there was no meeting because of the races.

i.      Volusia League of Cities – Mayor Green advised that Deltona is hosting the next meeting.

j.      ArtHaus – Councilman Burnette advised of the next Fun and Funky dinner on April 12, 2012.

k.    Port Orange/South Daytona Chamber of Commerce – Councilman Burnette advised that he and Chamber members visited businesses in Dunlawton Sq. The Next Meet and Greet is at Hardees from 8-9am.

l.      Golf Course Board of Directors - Mayor Green advised that the report was given earlier by Kempersports.

m.   Communications Interlocal Agency (CIA) - Mayor Green advised that the CIA is finalizing the disposition of inventory.

 

ADJOURNMENT:    9:49p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager