REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

SEPTEMBER 18, 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

 

John Junco introduced seven boy scouts from Troop 456. Three Rivers District Camporee will be held on October 19-22, 2012.

PUBLIC HEARING

 

4.    Discussion of Proposed Millage Rate FY 12/13

 

Mayor Green read the announcement regarding the proposed millage rate and the public hearing.

 

Councilman Kennedy asked what funds have been identified for helping to reduce the millage rate. John Shelley, Finance Director, provided details (written sheet) of the savings that have been identified. Councilman Kennedy asked if Council were to accept all of these savings, the millage rate would be 4.7321. Mr. Shelley confirmed.

 

Councilman Burnette agrees with all of the savings accept the City Manager pension savings since the budget is questionable at this time.

 

Councilman Ford agrees with a millage rate of 4.73.

 

Mayor Green doesn't have a problem reducing the contingency, but doesn't agree with all of the reductions because Council has been talking about reinvesting in the Commonwealth area, as well as expanding City ball fields.

Mayor Green asked for public comments; there were none.

 

Margaret Roberts, City Attorney, advised that the revision time is now. Staff needs direction to prepare the Resolution documents for approval during this public hearing.

 

Councilman Kennedy wants to see all five reductions.

 

Vice Mayor Pohlmann agrees with keeping the contingency.

 

Councilman Burnette suggested keeping half of the contingency and keeping the City Manager pension.

 

Councilman Ford said he agrees with the Mayor's suggestion if he can be promised work in Commonwealth.

 

Mayor Green wants to make a combination project with drainage on Halifax Dr. and Commonwealth. Mayor Green suggests leaving the contingency funds.

 

Councilman Kennedy accepts the suggestion. 

 

The consensus of Council is to keep the contingency funds and pull all other items out.

 

Mr. Shelley is preparing revised documents for Council consideration.

 

Attorney Roberts advised Mayor and Council to continue with the Public Hearing rather than interrupt it with changes to the agenda.

 

Meeting resumed at 7:44 p.m.

 

5.    Resolution No. 12-60 – Adopting the Final Millage Rate for FY12/13

 

Mayor Green read Resolution No. 12-60. Attorney Roberts advised of the changes to the millage rate based on Council direction. The new millage rate is 4.8051.

 

RESOLUTION NO. 12-60

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR FISCAL YEAR 2012-2013; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-60 with amended millage rate of 4.8051 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Ted Noftall asked if 4.8051 is the new millage rate being proposed. Attorney Roberts said yes. Mr. Noftall asked other questions related to the budget and balance sheet. Mr. Parker answered his questions. Mr. Noftall objects to this budget and believes the expenses and income should be more in line with actual amounts so that the millage rate can be further reduced. Mayor Green believes Council has worked hard on this budget and believes it is fair.

Mark Shaffer discussed the non-departmental fund. He would like to see the City budget for one year of Riverwalk expenses rather than for five years out. He believes the City has done a great job with commercial development and quality of life in Port Orange. He feels the millage rate could be reduced further.

 

Councilman Kennedy agrees with Mayor Green and believes Council has done their due diligence. He believes it is a valid and fair budget.

 

Vice Mayor Pohlmann asked if the budgeted amount is for five years for Riverwalk. Mr. Parker advised that Council chose to revisit it every year and if it is needed it is there, if not, it is still there for other uses. Vice Mayor Pohlmann supports the 4.8051 millage rate.

 

Councilman Burnette asked why they are funding the CRA for five years. Mr. Parker said it was the window Council believed would assist with the development.

 

Councilman Ford is concerned with several infrastructure issues within the city, including roads. Council is trying to fill coming problems. He wants any surplus of money to be earmarked for specific projects. He supports 4.8051. He also wants more ball fields.

 

Motion carried unanimously by roll call vote.

 

6.    Resolution No. 12-61 – Adopting the Final Operating Budget for FY12/13

 

Attorney Roberts advised of the changes to the resolution.

 

Mayor Green read Resolution No. 12-61 as revised with the new millage rate.

 

RESOLUTION NO. 12-61

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL OPERATING BUDGET FOR FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUND OF $83,790,653; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no comments.

 

7.    Resolution No. 12-62 – Adopting the Final Capital Budget for FY12/13

 

Mayor Green read Resolution No. 12-62.

 

RESOLUTION NO. 12-62

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL CAPITAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE AMOUNT OF $9,776,893; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Ted Noftall asked to discuss the capital projects needed. Mayor Green advised that reports are provided to Council showing road issues, flood issues, etc. There is a need for infrastructure repairs.

 

Motion carried by roll call 4-1 with Councilman Burnette voting no.

 

8.    Resolution No. 12-63 – Adopting the Final Millage Rate for FY12/13 for Town Center CRA Tax Increment District

 

Mayor Green read Resolution No. 12-63.

 

RESOLUTION NO. 12-63

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR THE TOWN CENTER TAX INCREMENT DISTRICT FOR FISCAL YEAR 2012-2013; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Attorney Roberts advised of the changes to the resolution based on the new millage rate.

 

Motion carried unanimously by roll call vote after no comments.

 

9.    Resolution No. 12-64 – Adopting the Final Operating Budget for FY12/13 for Town Center CRA Tax Increment District

 

Attorney Roberts advised of the changes made pursuant to the millage rate reduction.

 

Mayor Green read Resolution No. 12-64.

 

RESOLUTION NO. 12-64

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL TOWN CENTER TAX INCREMENT DISTRICT OPERATING BUDGET FOR FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUNT OF $124,308; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mr. Noftall asked for a hard copy of the budget for Town Center CRA. He asked why there is no debt service in the budget. Stella Gurnee, Comptroller, explained that the debt service expense for Town Center CRA was reported in FY 2011-12; therefore, it will not show up again in FY 2012-13. Mr. Noftall believes the transaction should be shown in the FY 2012-13 budget. Mr. Parker further explained there is no need for a transfer because the funds were transferred in FY 2011-12. Mr. Noftall doesn't understand why this budget doesn’t show the debt service. Mr. Parker will provide documents and said there is a separate debt service fund. The money is already in the fund from the FY2011-12 budget.

 

Corey Berman asked if the Galbreath property is still being rented to them. Mayor Green said no, it has been posted for public parking. Mr. Parker said it is an open parking lot now. Mr. Berman asked if the City can charge for parking there.

 

Mark Schaefer asked about the Town Center debt service being paid over five years. He doesn’t believe funds should be placed in the budget to fund for future years, only the upcoming year. Mr. Parker said the debt service fund account is the 218 fund. There are dollars in the fund this year and do not require a transfer.

 

Motion carried unanimously by roll call vote.

 

10. Resolution No. 12-65 – Adopting the Final Millage Rate for FY12/13 for Eastport CRA Tax Increment District

 

Mayor Green read Resolution No. 12-65.

 

RESOLUTION NO. 12-65

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR THE EASTPORT TAX INCREMENT DISTRICTS, FOR FISCAL YEAR 2012-2013; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Attorney Roberts advised of the change in the millage rate to 4.8051.

 

Motion carried unanimously by roll call vote after no comments.

 

11. Resolution No. 12-66 – Adopting the Final Operating Budget for FY12/13 for Eastport CRA Tax Increment District

 

Attorney Roberts advised of the change in Exhibit A.

 

Mayor Green read Resolution No. 12-66.

 

RESOLUTION NO. 12-66

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL EASTPORT TAX INCREMENT DISTRICT OPERATING BUDGET FOR FISCAL YEAR OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2013 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUNT OF $291,134; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. 

 

Councilman Ford says this budget also needs to be fixed within the next two years (similar to the Town Center CRA budget). The City will have to subsidize it.

 

Mr. Noftall doesn't understand why Eastport shows the debt payment and Town Center doesn't. Mr. Parker said Council could show it but then the budget would show it transferring right back out and into the 218 fund where it is already. Attorney Roberts asked if a note could be placed on the Resolution to show the transaction rather than the inefficiencies of transferring back and forth. Mayor Green said it’s in the minutes from this meeting and that is sufficient. Mr. Parker also reminded all that it is online and full disclosure has been made.

 

Motion carried unanimously by roll call vote.

 

Mayor Green announced that the adopted City of Port Orange, Community Redevelopment Agency for Port Orange Town Center and Community Redevelopment Agency for Eastport Business Center final millage rates of 4.8051 mills per $1,000.00 of valuation is less than the rolled-back rates, which reflects a 4.39% decrease in ad valorem tax revenues below the rolled-back rates. In addition to the foregoing general operating budget/millage levy, there is a voter approved millage levy of 0.0629 mills to fund the debt service for the 2003 general obligation bonds issued for public safety capital facilities; and in addition to the foregoing general operating budget/millage levy, there is a voter approved millage levy of 0.504 mills to fund the debt service for the 2006 general obligation bonds issued for public safety capital facilities.

SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, PRESENTATIONS

 

12. Recognition for Jack and Brad Wiles

 

Jack and Brad Wiles were not present to be recognized.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Corey Berman thanked Councilman Burnette, Mr. Parker, Betty Barnhart, and John Shelley for working out the issues with the water deposits on properties he is listing for sale. He advised FPL to remove his smart meter but they refuse to remove it. Mr. Parker will provide FPL with his information and request that the smart meter be removed.

 

Mr. Noftall addressed Council regarding pensions. He believes the pensions need to be transferred to 403's like Halifax Health did recently. He doesn't believe it is right or fair for taxpayers to fund the retirement of others. He reminded Mr. Parker to publish everything in the read file.

 

Mr. Schaeffer congratulated Council on their actions to protect citizens relating to the FPL smart meters.

 

CONSENT AGENDA

 

13. Approval of Minutes

a.    August 28, 2012 – Regular City Council Meeting

14. Staff Reports - Building Activity Report and Monthly Development Activity Report for August, 2012.

15. Replacement Body Armor

16. Wrap Around Agreement with Odyssey Manufacturing Co. to permit, supply and install an Ammonia Sulfate chemical feed skip system at the Garnsey Water Plant

17. Change Order #1 Russell Property Floating Dock

18. Police Benevolent Association Lieutenants (PBA Lts.) 2012-2014 Collective Bargaining Agreement

19. Approve the Contract with KemperSports Management for operation and management services at the Golf Club at Cypress Head

 

Councilman Ford requested that item 17 be pulled for further discussion.

 

Motion to approve Consent Agenda items 13-16, 18, and 19 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item 17 - Councilman Ford doesn't like change orders at all. He believes the items being changed should have been in the bid to begin with.

 

Councilman Kennedy agrees and doesn't think the dock will be used anyway. Mayor Green said it was required with the grant funding.

 

Councilman Burnette agrees and is only supporting with a yes vote because of the grant funding requirement.

 

Vice Mayor Pohlmann also was not happy with the supervision costs and believes they are nickel and diming the City.

 

Mr. Noftall asked if there is a use for the dock and property.

 

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

 

David Hood introduced himself to Council. He is running for State Representative. Mayor Green thanked him for coming.

 

Drew Bastian introduced himself to Council. He is running for City Council, District 3 seat.

 

Bob Pohlmann introduced himself. He is running for re-election to City Council, District 3 seat.

 

Motion to reconsider item #19 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Attorney Roberts provided changes to the contract indemnification and insurance portions relating to the Kemper Sports contract.

 

Motion to approve the contract with Kemper Sports subject to the final terms being approved by the City Manager and City Attorney made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote after no comments.

 

TABLED ITEMS

 

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

 

Motion to remove item #20 from the table made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Mayor Green read Ordinance No. 2012-8.

 

ORDINANCE NO. 2012-8

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 FUTURE LAND USE MAP; PROVIDING FOR AN AMENDMENT OF APPROXIMATELY 9.9 ACRES LOCATED AT 4116 S. NOVA ROAD FROM CONSERVATION TO WAREHOUSE/INDUSTRIAL TRANSITION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

Motion to approve Ordinance No. 2012-8 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Ford still objects to this land use change.

 

Councilman Burnette feels like his hands are tied because of the decisions already made on the issue.

 

Vice Mayor Pohlmann initially voted against the changes. Negotiations transpired after the initial vote and an agreement was made. He would like the applicant's attorney to address the water runoff. He is concerned with the liability to the City.

 

Councilman Kennedy said it is obvious nobody is happy with this. He reminded all that the plan will have to come before Council for approval.

 

Attorney Roberts provided historical details of the Bert J. Harris claim. The claim was previously discussed with Council and an agreement was reached. This ordinance mirrors that agreement.

 

Ed Donini, Attorney for applicant, addressed Council’s concerns. He advised that 2.37 acres will remain conservation lands, which surrounds the property in this small scale amendment. Mr. Donini provided detailed history of events leading up to this second reading.

 

Councilman Kennedy disagrees that it is the right thing to do. He understands it may be the legally prudent thing to do, but disagrees with warehouse use on this property.

 

Vice Mayor Pohlmann advised that the initial votes were 3-2 and it was highly contested.

 

Councilman Burnette doesn't want to end up like Ponce Inlet with a Bert Harris claim and award. He needs to protect the citizens.

 

Councilman Ford believes this is not the right thing to do.

 

Mayor Green asked for public comments.

 

Corey Berman agrees with Councilman Ford that he doesn't want to see Rose Bay get destroyed but asked Council to consider that Ponce Inlet citizens have to pay an extra $324 per year.

 

Ted Noftall seconded Mr. Berman’s comments. He doesn't want to pay any extra money.

 

Mayor Green said they will be paying close attention to the plans and stormwater plans. He advised Mr. Donini that it will be scrutinized.

 

Motion carried by 3-2 roll call vote with Councilman Ford and Vice Mayor Pohlmann voting no.

 

FINANCE (John Shelley)

 

21. Resolution No. 12-45 – Solid Waste Rate Resolution for garbage & recycling, yard waste, energy fee and landfill fee, thereby replacing and superseding Resolution 12-13

 

Mayor Green read Resolution No. 12-45.

 

RESOLUTION NO. 12-45

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ESTABLISHING REVISED SERVICE CHARGES AND RATES FOR COLLECTION AND DISPOSAL OF GARBAGE, RECYCLABLE MATERIAL AND YARD WASTE; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-45 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

John Shelley discussed the changes included in the resolution.

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

REPORT FROM ADVISORY BOARD

 

22. Citizen Advisory Committee for TPO

 

Bobby Ball provided the TPO report.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

23. Second Reading – Ordinance No. 2012-20 – Annexation/Madeline HTS PH II/Pepper Hill Enclave Case no. 11-10000001

 

Mayor Green read Ordinance No. 2012-20.

 

ORDINANCE NO. 2012-20

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ANNEXING APPROXIMATELY 5.6- ACRE ENCLAVE CONSISTING OF 21 LOTS IN THE MADELINE HEIGHTS PHASE II AND PEPPER HILL SUBDIVISION AND THE ADJACENT ROADWAYS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no comments.

 

24. First Reading – Ordinance No. 2012-23 – Ordinance Approving the 3rd Amendment to the Master Development Agreement for the Home Depot Planned Commercial Development Case no. 12-40000001

 

Mayor Green read Ordinance No. 2012-23.

 

ORDINANCE NO. 2012-23

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE THIRD AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT (MDA) FOR THE HOME DEPOT PLANNED COMMERCIAL DEVELOPMENT (PCD); PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Gwen Perney, Planner, provided details of the amendment to the Home Depot sign.

 

Motion carried unanimously by roll call vote after no comments.

 

COUNCIL COMMENTS

 

25. Comments/Concerns from Council Members

 

Councilman Burnette asked if a balance sheet can be provided at the end of the year as far as carry forwards and reserves. Mr. Parker suggested a budget workshop. He will work on a date.

 

Vice Mayor Pohlmann said the resident at 101 underbrush said he was charged $150 by the City to remove branches. Mr. Parker will look into it.

 

Mayor Green advised this week is the 225th year of the drafting of the constitution. He read a proclamation that was provided to the library during a recent service.

 

Mr. Parker reminded Council that Thursday at 6pm at the Adult Activity Center is the safe route to school program meeting. Holly Hill is hosting the Volusia League of Cities dinner on the 27th; RSVP to Cindy.

 

ADJOURNMENT:    9:38p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager