REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

AUGUST 21, 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

 

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

 

Mayor Green asked Ken Burgman, Deputy Director – Fire, to advise the public of Mr. Ertz. Mr. Burgman provided details of the memorial service for Mike Ertz, former Port Orange Fire Chief. Mayor Green asked for prayers for the family.

Mayor Green asked Jerry Monahan, Public Safety Director, to advise the public of Mr. Juszkiewicz. Chief Monahan advised that Paul Juszkiewicz passed away last week. He was a VIPS volunteer and will be missed dearly.

SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 

4.    pogTV Film Festival Winners

 

Kent Donahue, Special Assistant to the City Manager, presented the awards to the winners of the 5th Annual Film Festival. Mr. Donahue thanked the judges for their help, as well as Jim Avile.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Drew Bastian, Port Orange City Council Candidate, thanked the residents for their help and is looking forward to the General Election in November.

Bob Pohlmann is running for re-election. He thanked citizens for their support.

Ted Noftall, citizen, congratulated Councilman Pohlmann and Mr. Bastian for their election success. He also congratulated Mayor Green for his win. He asked if the City Manager could provide a list of the agricultural properties in the city.

 

BOARD INTERVIEWS AND APPOINTMENTS

 

5.    Board Appointments

a.    Planning Commission

 

Motion to re-appoint Frank Crooks, Tom Jordan, and Mike Armino to the Planning Commission made by Councilman Burnette, and Seconded by Councilman Kennedy.

 

Frank Crooks introduced himself and advised Council of his background. He believes in getting involved in the community.

 

Tom Jordan introduced himself to Council and provided his background.

 

Mike Armino introduced himself to Council. He advised of his background.

 

Councilman Burnette advised that these three applicants are current or past presidents of the Chamber of Commerce and provide a diverse background.

 

Councilman Ford wants to see HOA backgrounds and environmental backgrounds as positions come open in the future.

 

Motion carried unanimously by roll call vote.

 

Mr. Parker said Staff will send a letter to the HOA Presidents to ask for help in recruiting for boards and he also asked Council to help recruit as well. Councilman Burnette reminded that there is an opening on the Eastport CRA. Councilman Kennedy asked for a list of the HOA’s in the City. Mr. Parker said he will provide the list.

 

CONSENT AGENDA

 

6.    Approval of Minutes

a.    August 7, 2012 – Regular City Council Meeting

7.    Crime Report

8.    Acceptance of Permanent Easement for Drainage and Utilities from Nadine Francis to City of Port Orange

9.    Amendment #6 to contract for Professional Engineering Services for Design, Construction Administration, and Inspections for Bid Package for the expansion of the All Children’s Park Phase II under contract with Zev Cohen & Associates, Inc. dated November 9, 2010

10. Property, Liability and Workers’ Compensation Insurance: Policy Year 2012-2013

 

Motion to approve Consent Agenda Items #6-10 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

TABLED ITEMS

 

11. Second Reading – Ordinance No. 2012-8 – Small-Scale Future Land Use Amendment/Summit Golf Center/Tim Peightal (Tabled July 17, 2012)

 

Mr. Parker advised that a notice was received that the applicant does not want to swap land and wants this item brought to second reading on September 18, 2012. The City Clerk will advertise the item.

 

REPORT FROM ADVISORY BOARD

 

12. Citizen Advisory Committee for TPO

 

Bobby Ball provided the report for TPO.

 

PARKS AND RECREATION (Susan Lovallo)

 

13. Resolution No. 12-36 – Approval to officially name the park located on West Bayshore in Harbor Oaks Subdivision of Port Orange in honor of Larry Haines

 

Mayor Green read Resolution No. 12-36.

 

RESOLUTION NO. 12-36

 

A RESOLUTION OF THE CITY COUNCIL OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; NAMING THE PARK LOCATED ON WEST BAYSHORE DRIVE IN HARBOR OAKS SUBDIVISION IN HONOR OF LARRY HAINES; PROVIDING THAT THE PARK SHALL BE NAMED THE “LARRY HAINES MEMORIAL PARK”; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 12-36 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

CITY MANAGER (Ken Parker)

 

14. Resolution No. 12-38 – FDOT JPA Grant Agreement for the Dunlawton Avenue Drainage Improvements Project

 

Mayor Green read Resolution No. 12-38.

 

RESOLUTION NO. 12-38

 

A RESOLUTION OF THE CITY COUNCIL OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) JOINT PARTICIPATION* AGREEMENT (JPA) FINANCIAL MANAGEMENT NO. 431983-1-58-01 FOR THE DUNLAWTON AVENUE DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

*Attorney Roberts asked to change "joint project" to “joint participation" on the Resolution to match the actual agreement. Council agrees. Mayor Green asked for public comments; there were none.

 

Motion to adopt Resolution No. 12-38 with the requested change made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

15. Resolution No. 12-39 – Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Median Landscape Improvements on S.R. 421/Dunlawton Avenue in the Town Center Community Redevelopment Area

 

Mayor Green read Resolution No. 12-39.

 

RESOLUTION NO. 12-39

 

A RESOLUTION OF THE CITY COUNCIL OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE JOINT PARTICIPATION* AGREEMENT (JPA) FINANCIAL MANAGEMENT NO. 431205-1-58-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR REIMBURSEMENT FUNDS OF MEDIAN LANDSCAPE IMPROVEMENTS ON S.R. 421/DUNLAWTON AVENUE IN THE PORT ORANGE TOWN CENTER COMMUNITY REDEVELOPMENT AREA (CRA); AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

*Attorney Roberts asked to change "joint project" to “joint participation" on the Resolution to match the actual agreement. Council agrees. Mayor Green asked for public comments; there were none.

 

Motion to adopt Resolution No. 12-39 with the requested change made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

16. Resolution No. 12-40 – Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Median Landscape Improvements on U.S. 1/S.R. 5/Ridgewood Avenue in the Town Center Community Redevelopment Area

 

Mayor Green read Resolution No. 12-40.

 

RESOLUTION NO. 12-40

 

A RESOLUTION OF THE CITY COUNCIL OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE JOINT PARTICIPATION* AGREEMENT (JPA) FINANCIAL MANAGEMENT NO. 431993-1-58-01 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR REIMBURSEMENT FUNDS OF MEDIAN LANDSCAPE IMPROVEMENTS ON U.S. 1/S.R. 5/RIDGEWOOD AVENUE IN THE PORT ORANGE TOWN CENTER COMMUNITY REDEVELOPMENT AREA (CRA); AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

*Attorney Roberts asked to change "joint project" to “joint participation" on the Resolution to match the actual agreement. Council agrees. Mayor Green asked for public comments; there were none.

 

Motion to adopt Resolution No. 12-40 with the requested change made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

COUNCIL COMMENTS

 

17. Comments/Concerns from Council Members

 

Councilman Ford asked when the B-23 canal work will be complete. Mr. Parker advised that he will provide the details.

Councilman Burnette reminded all that school started this week; be careful with school zones. He asked about the school crossing on Willow Run. Mr. Parker said the sign is on order and will be installed as soon as it arrives. Councilman Burnette asked about the right of way on Herbert Avenue. Mr. Parker said it is moving forward using the existing right of way. He will provide more details as it moves along. Councilman Burnette asked about the Champions Rally plans. Mr. Parker said Staff is trying to confirm a date. Staff is working to invite Ryan Lochte to attend, among others.

Vice Mayor Pohlmann thanked Staff for their help with the traffic signs/lights at the Summertrees neighborhood intersection. He encouraged citizens to contact Council when they see issues.

Councilman Kennedy asked for an update on the old movie theater. Wayne Clark, Community Development Director, advised that there is a building permit currently in place. They are replacing irrigation and landscaping. There is nothing specific yet going into the building, no one has signed a lease. Councilman Kennedy thanked Staff for the Cypress Head entrance repairs. He congratulated Mayor Green on his reelection.

Mayor Green said he appreciates Council's support and looks forward to the next four years.

Vice Mayor Pohlmann asked for an update on Altamira. Mr. Clark provided details of the development. Vice Mayor Pohlmann asked for an update on the out-parcels at Lowes. Mr. Clark provided details.

Mayor Green asked if new construction projects require sidewalk damage inspections prior to construction. Mr. Parker advised that Staff videotapes the site. Mr. Clark said he can't say for sure that there are pictures but the inspector visually checks and makes notes as appropriate.

Mayor Green said he wants Staff to implement a program for the hurricane season.

Mr. Parker advised that the intersection at Sleepy Hollow and Deep Forest will be looked at by FDOT. There is a budget workshop at 5:30p.m. and regular meeting @ 7p.m. on August 28, 2012. There are two items on the budget workshop agenda: 1) Discussion of the Budget Execution Review and 2) Discussion of the Operating Budget for FY12-13.

ADJOURNMENT:    7:51p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager