REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

May 15, 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

                                                                        Laura Tennant, City Clerk’s office

 

SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS

 

4.    Spruce Creek High School Jazz Band

 

Mayor Green presented the Spruce Creek High School Jazz Band with a proclamation. Band directors and members of the band introduced themselves to City Council. The band director said the band will be going to Ireland again for next year's festival and gave an overview of what the students would experience. Mayor Green asked how this trip is funded. The band director said donations could be made online at www.creekband.org. Councilman Kennedy said he is proud each year. Vice Mayor Pohlmann said it is a great day to be a Hawk. Councilman Burnette said they are really putting international in 'IB', and wished them the best of luck as they represent the community internationally. Councilman Ford said it is a wonderful experience and supports the program. Mayor Green acknowledged the director for his efforts in helping the students with scholarships.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Joe Lafond said he has lived in the community for over 28 years and has been a Port Orange firefighter for over 15 years. He spoke in regards to imposed paycuts and pension changes and is hoping Council will reconsider.

 

 

Fred Griffith, Utilities Engineer and Eagle Scout, introduced Eagle candidate Elijah Newton. Mr. Newton said he is with Boy Scout troop 456 and is seeking approval and if there are any grants for conservation projects available. Mr. Newton presented his project on building bird houses for endangered bird species. Mr. Newton chose the water well site on Tomoka Farms Road which is gated and not open to the public. He said it is an ideal location for endangered birds He mentioned the cost for materials will be about $1,300 and the project will take approximately 4 months to complete. He asked for Council’s permission to have access to the site, for the ability to raise funds, and to be able to camp on the site once complete. He can be contacted at 386-214-4946 or elibryce@cfl.rr.com for contributions. Mayor Green asked Mr. Parker to assist him. Mr. Parker said he will work out the details.

 

Jerry Stanko said he is concerned for general access on Spruce Creek to put in a canoe or kayak. He asked if Port Orange could provide access. Mayor Green said they are looking at access to utilize the property at the end of Spruce Creek. He mentioned it will take changes because it is in the County; it is being worked on but there is not currently a place.

 

Corey Berman, 57 Ravenwood, said he supports the fire department and asked why others get raises and the fire department does not.

 

Maria Mills-Benet, with the Relay for Life, gave a summary of the recent event. She thanked those who participated and donated and said the total for the event so far is over $50,000, which will go toward the American Cancer Society in Port Orange.

 

CONSENT AGENDA

 

5.    Approval of Minutes

a.            May 1, 2012 – Special City Council Meeting (Parks & Rec Budget)

b.            May 1, 2012 – Regular City Council Meeting

6.    Administrative Code Update for Office Assistant IV

7.    Staff Reports – Building Activity Report and Monthly Development Activity Report for April, 2012.

8.    Change Order #2 to our Sanitary Sewer Rehabilitation Contract with Danus Utilities, Inc.

 

Councilman Ford requested that Item #7 be pulled for informational purposes.

 

Motion to approve Consent Agenda items 5, 6, and 8 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Councilman Ford expressed concerns for a cement plant planned on the shores of Rose Bay. He recalled the administrative rezoning from commercial to industrial from October. He does not think it is a minor change and does not think industrial use should be on Rose Bay. He expressed two concerns: he wanted to know how Community Development did not bring this to Council’s attention, industrial use is inconsistent with the type of environmental risk and; can he call to reconsider the rezoning according to Robert’s Rules. Attorney Roberts said there are implications and she would give them to him. Councilman Ford said he is not concerned with being sued; he does not think it should be done this way. He would like Community Development to do an environmental impact before presenting rezoning and to pay more attention to environmental concerns. He shares the guilt, but believes there is no place for industrial zoning on Rose Bay. He asked if it could be reconsidered and left it up to the City Attorney. Mayor Green asked Attorney Roberts to look into it. Councilman Ford said he is willing to pass item 7, this is just informational.

 

Motion to approve Consent Agenda item 7 made by Councilman Ford, and Seconded by Vice Mayor Pohlmann.

 

Councilman Burnette asked if it would be proper for Council as a resolution to address the proper boards and let them know how Council feels about approval of items like this. He mentioned a concrete plant in South Daytona. He agrees with Councilman Ford, it could end up causing a lawsuit, but there has been a lot done to clean the bay up and it does not feel right.

 

Wayne Clark, Community Development Director, said they have submitted site plans to the Development Review Committee; it has had comments and was sent back. It is a batch plant not a full concrete plant. He will provide more details to Mr. Parker to pass along to Council. It is also being reviewed at the state level by DEP. Mayor Green asked Mr. Clark to provide the information to Mr. Parker so Council can be properly informed. Councilman Burnette would like them to use the strictest interpretation possible in the evaluation process.

 

Motion carried unanimously by roll call vote.

 

REPORT FROM ADVISORY BOARD

 

9.    Citizen Advisory Committee for TPO

 

Bobby Ball, said they held a monthly meeting today. They recommended approval of the five year project priority list and of the resolution for the TPO regarding public participation plan. The County requested assistance from the TPO to fund an alternative plan to get transit from the west side of the county to the east side. There was confusion on how the resolution was written, they asked for clarification and tabled the item. Mayor Green asked what representation from South Daytona is on the Board. Councilman Ford said it is the Vice Mayor. Mayor Green would like information to review. Mr. Parker asked for the information to be provided to everybody. Mayor Green asked for comments; there were none.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

10. First Reading – Ordinance No. 2012-11 – Annexation/Copp. George Jay, 2165 and 2173 Tomoka Farms Road

 

Mayor Green read Ordinance No. 2012-11.

 

ORDINANCE NO. 2012-11

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ANNEXING APPROXIMATELY 16 ACRES OF LAND LOCATED AT 2165 AND 2173 TOMOKA FARMS ROAD, TOGETHER WITH THE ADJOINING 50-FT. PLATTED (UNNAMED) UNPAVED ROAD ABUTTING THE SOUTHERLY BOUNDARIES OF THE SUBJECT PROPERTY AND EXTENDING EAST FROM TOMOKA FARMS ROAD FOR A DISTANCE OF APPROXIMATELY 1716 FEET; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-11 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Penelope Cruz, Planner, explained the ordinance.

 

Councilman Kennedy asked about the Tomoka Farms Village and wanted to hear more about this location. Ms. Cruz said this is in the boundaries of the Tomoka Rural Village local plan. She said this is a voluntary annexation. The requirements of the Volusia County local plan state that the only limitation is to not increase density or intensity. The applicant intends to wait to apply for future land use and zoning to ensure the annexation is approved. Once approved, they intend to change the future land use and zoning to be consistent with the one unit per acre density they have in the County; which is also consistent with the village local plan. Ms. Cruz said the neighboring property went through the same process in 2006. Councilman Kennedy asked how this abuts the well field property. Mr. Parker said it did not. Mayor Green said this meets our commitment and does not infringe on them.

 

Vice Mayor Pohlmann asked if the County zoning takes precedent over what the landowner wants. Ms. Cruz said they are covered by the village plan; which has restriction of one unit per acre and cannot go denser.

 

Councilman Burnette said this is a small scale impact and asked when they are going to come on City water. Ms. Cruz said they are required within twelve months of annexation to connect. They will be required to have City solid waste disposal as well. Ms. Cruz explained the process of zoning and what will happen.

 

Councilman Ford does not see a problem with it.

 

Mayor Green asked for comments; there were none.

 

Motion carried unanimously by roll call vote.

 

HUMAN RESOURCES (Rob Zicker)

 

11. Second Reading – Ordinance No. 2012-4 – Revision of Article V, Chapter 54, Section 54-122 of the Police Pension Fund Ordinance in order to comply with recent changes to Florida Statutes

 

Mayor Green read Ordinance No. 2012-4.

 

ORDINANCE NO. 2012-4

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 54, ARTICLE V, CODE OF ORDINANCES, CITY OF PORT ORANGE FLORIDA, ENTITLED “POLICE PENSION FUND”: AMENDING SECTION 54-122, DEFINITIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING RIGHTS OF CERTAIN SEPARATED EMPLOYEES NOT AFFECTED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-4 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mayor Green asked if there were any Council or public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

12. ICMA-RC Amended Adoption Agreement for General Employees 401(a) Plan

 

Mr. Parker stated in the PEA contract, there is the option of being involved in a deferred compensation program or a defined benefit program. This closes the loop and authorizes that document necessary for the defined contribution program for all new employees. This is included in the PEA contract.

 

Motion to approve ICMA-RC Amended Adoption Agreement for General Employees 401(a) Plan made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.

 

Councilman Ford said he sees this as the first step as we begin to move towards what will be done with the PEA pension system.

 

Councilman Burnette agrees it is part of overall evolutionary process.

 

Vice Mayor Pohlmann also supports it. Councilman Kennedy agreed.  

 

Mr. Parker said this has already been done with new Civil Service hires, this is moving to the PEA side.

 

Mayor Green asked if there were any additional comments; there were none.

 

Motion carried unanimously by roll call vote.

 

COUNCIL COMMENTS

 

13. Comments/Concerns from Council Members

 

Councilman Kennedy gave Council an overview of the investment committee meeting.

 

Vice Mayor Pohlmann had no comments.

 

Councilman Burnette mentioned including code education in the quarterly newsletter, as well as the code enforcement hotline number. He also mentioned, for the future, the possibility of including block numbers on street signs to help with navigation and emergency services. He feels the City does a good job of decorating City Center for the holidays and would like to see more decorations on Dunlawton. He had a citizen talk to him about the old PD building and asked how much money is being put into it each month. He would like to see a vision for the future; he feels it is a money pit. Councilman Burnette referenced a traffic light on A1A and the Shores that is for pedestrians. He would like to know if that is an option on Nova Road and the Rose Bay area as well as on Ridgewood and other areas. He would like to have conversations on these items as a Council when appropriate.

 

Councilman Ford said he is having difficulty with the project on Riverwalk. He discussed a boat being repaired and the legal and code issues involved. He expressed concerns that councilmen cannot trust City staff for accurate information. He reported to Community Development who told him it is fine. He does not understand why others who violate ordinances have code enforcement on them in no time. He said to get the law changed if you do not like it but do not violate or ignore it. He does not feel anyone should be exempt for having influence. Mr. Parker said he is gathering information. 

Mayor Green did not have any comments.

 

Vice Mayor Pohlmann mentioned names on the City website are not current. Mr. Parker said he would look into it.

 

Attorney Roberts discussed exemptions from public records regarding the purchase of real property. She and Mr. Parker are in the process of preparing the contract document pursuant to the RFP approved by Council for the Riverwalk project. These records become public thirty days before entering into contract or if you choose to release them. She asked for Council’s direction on if they would like to make these records public and said they would need to vote if they do. This is for the offers and counter-offers related to the real estate contract for Riverwalk. It is a contract document being prepared consistent with the RFP.

 

Councilman Ford feels they should be kept open to the public.

 

Councilman Burnette also favors the Sunshine law and leans on the side of openness.

 

Vice Mayor Pohlmann agreed it should be open and asked if there is a back and forth with negotiations. Attorney Roberts said they are preparing the initial document for Council. Once Council agrees it is consistent with the RFP, it will be sent to the other party and they can counter-offer. Vice Mayor Pohlmann asked how this has been done in the past. Mr. Parker said this is new under current ordinances. The appraisals have sometimes been kept confidential but contracts have been brought forward in final form. Attorney Roberts mentioned appraisals have not been ordered and suggested that be revisited. This is just speaking to offer and counter-offer documents. Attorney Roberts said they are trying to do a more traditional real estate transaction. Vice Mayor Pohlmann asked which is more beneficial to the City. Attorney Roberts said she had no objection to the documents being released to the public in this situation, except for appraisals which will come back at a later time. Vice Mayor Pohlmann supports full disclosure.  

 

Motion to permit negotiated documents to be in the Sunshine made by Councilman Ford, and Seconded by Councilman Kennedy.

 

Mayor Green asked if there were any comments.

 

Attorney Roberts clarified this excluded appraisals for the moment.  

 

Motion carried unanimously by roll call vote.

 

Mr. Parker brought Council up to date on Spruce Creek Road and Dunlawton Avenue at the Post Office. Information was received from FDOT and it will take approximately twelve months. Mayor Green asked if this was for the stacking lanes. Mr. Parker said it is. The median will radically change once they go in.

 

Mr. Parker mentioned there is a change in the workshop sessions for next week. Due to staffing issues it will be Public Utilities instead of Community Development; which will now be the first week of June.

 

Mr. Parker discussed a change in the Florida building code relating to air conditioning calculations in the City Hall building that was brought up during a project managers meeting. The chief building official cannot issue a building permit because of the change in the statute until the calculations have been made which will cause a change order to the mechanical engineer. The estimate of that change by state statute is about $16,000. Mayor Green asked about a process to appeal. Mr. Parker said if it is appealable, he will look into it. He mentioned there have been other commercial complaints as well.

 

ADJOURNMENT:    8:08p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager