REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

OCTOBER 23, 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

 

Mayor Green invited Girl Scout Troop 439 to introduce themselves.

SPECIAL REPORTS, AWARDS, PROCLAMATIONS

 

4. Cypress Creek Elementary Contest Winners

 

                        The Principal from Cypress Creek Elementary has requested that this item be rescheduled.

 

5. Local Business Spotlight

 

Debbie Connors introduced Tom Jordan, who discussed his business Networking Magic. Networking Magic is a computer networking business and internet marketing.

 

6. Report from Kemper Sports Management regarding Cypress Head Golf Course

 

Michael Collins, General Manager, provided the report for the 2012 fiscal year. Financially they finished in good shape. It was the best year since 2007 in most areas.

 

Councilman Ford asked for the rounds report to include paid rounds, with a separation in discounted rounds and full price rounds. Mr. Collins said okay. Councilman Ford asked about the marketing plans. Mr. Collins said Kate Minnick has retired and they are pushing for more sales in their sales and marketing plans. It will include cooperation with the corporate office.

 

Mayor Green advised that he has already asked for the same information. Mr. Collins said the information should be provided relating to the rounds within a few days.

 

Councilman Burnette said the paid rounds are flat. He shares the same concerns.

 

Vice Mayor Pohlmann agrees with the concerns of the local marketing being taken away.

 

Councilman Kennedy also agrees and expects more improvement next year.

 

Ted Noftall asked if there is a problem getting the audit reports for the previous years. Mayor Green asked Ken Parker to provide a report with updates regarding all of the issues going on with the City, primarily with the water department. Mr. Noftall asked for a debt schedule. Mayor Green said he will get the information. Mr. Noftall asked who selected the auditor for the golf course. Mayor Green said KemperSports picked their own. Mr. Noftall asked if the audit of KemperSports is open to the public. Mayor Green said he doesn't think so.

 

EASTPORT CRA MEETING

 

The City Council meeting recessed at 7:24 p.m. to hold an Eastport CRA Meeting, minutes of which are under separate cover.

 

TOWN CENTER CRA MEETING

 

The Eastport CRA Meeting adjourned at 7:32 p.m. A Town Center CRA Meeting was then held, minutes of which are under separate cover. The Town Center CRA Meeting adjourned at 7:39 p.m. and the City Council re-convened.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

John Junco presented the City Council with a plaque thanking the Mayor, Council, and Mr. Parker for their help with the Boy Scout Camporee. Mayor Green thanked Mr. Junco for his service to the community.

 

Newton White advised that he hasn't received an answer regarding the drainage issues on his property. He asked for maps of the 55 acre area that drains through and passed his property and projects that have been done in this area since 2004. He asked if he can be notified if there are ever improvements in the area that will affect the drainage on his property. Mr. Parker said public works has been advised to provide the requested documents. He will check on it.

Mayor Green said the other four citizens have signed up for discussions regarding the water issues. Mr. Parker advised that the Mayor has asked for a written update on a daily basis. Mayor Green wants the update to include where discussions are with the County, regarding meters, and every other issue that comes up.

 

Councilman Ford asked how every day tasks will get done while the audits, changes, and technical issues are going on. He asked if Mr. Parker has the resources and staffing levels he needs. Mr. Parker said there are companies that will come in and evaluate.

 

Councilman Burnette suggests using a spreadsheet with lists of what is happening and who is responsible for it as well as the status.

 

Councilman Ford wants to discuss how to delegate tasks.

 

Mayor Green said using the spreadsheet will allow everyone to track the tasks and assign them to the appropriate people.

 

Vice Mayor Pohlmann would like to get more information on the outside firm to do the investigation. Mr. Parker said he will provide the information.

 

Margaret Roberts, City Attorney, will identify anything she can contract out for help.

 

Ted Noftall wants an update on the two suspended people. Mr. Parker said one is on vacation leave and has submitted his resignation. The other is suspended with pay. Mr. Noftall asked if the reentry has been reported to the police. Mr. Parker said yes. Mr. Noftall asked for a copy of the engagement letter with Dan O’Keefe. Mr. Parker said he will provide it to Mr. Noftall.

 

Don Kane is concerned with the loss of water. It amazes him that this can happen with technology today. He suggested that the CFO and the auditor report to the Council.

 

Brian Spies asked about the SAFER Grant and the staffing issues at the fire department.

 

CONSENT AGENDA

 

7. Approval of Minutes

a. September 11, 2012 – Joint Special Meeting of Council & Town Center CRA

b. October 2, 2012 – Regular City Council Meeting

8. Project Manager’s Report

9. Contract with Utility Metering Solutions (UMS) to provide installation services upgrades and automate City of Port Orange water meters for an amount not to exceed $240,000

10. Approval of Amendment No. 1 to CPH Contract for CEI Services for POTC Median Enhancements

11. Approval of Addendum No. 89 to QLH Contract – JPA Permitting & Bidding/POTC Median Enhancements

12. Final Deductive Change Order #2 for the SR 421 (Taylor Road) Improvements at I-95

13. Final Change Order #4 for the Spruce Creek Road and Dunlawton Avenue (SR 421) Intersection Improvements

14. Extension of time for Negotiation of Sale/Exchange of Riverwalk Lands – RFP# 12-2

15. EQ Florida, Inc. Bid Award – Anoxic, Oxic Tank Cleaning Project Bid #12-44

16. Neptune Water Meter Purchase

 

Mayor Green pulled items #9 and #16 for further discussion.

 

Councilman Burnette pulled item #14 for further discussion.

 

Motion to approve Consent Agenda Items #7, 8, 10—13, and 15 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried by voice vote.

 

Item #9 – Mr. Parker asked that this item be referred by to Staff for further review. Staff is trying to determine if Neptune is a meter that UMS will accept.

 

Motion to return item #9 to Staff for further review and work made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.

 

Mark Schaefer asked if the contracts include a requirement that the City buys their products only. Mr. Parker said there was one contract and that was not brought to Council. Ms. Roberts said she is still getting documents for review. Mr. Schaefer asked if it has been determined which meters are not working. Mayor Green said not yet, Staff and the auditors are still gathering data.

 

Item #14 – Councilman Burnette asked if this was agreeable to both parties. Ms. Roberts said verbally yes. Councilman Burnette asked for a timeframe. Ms. Roberts said the surveyor has been contacted for the appraisals. The RFP has to be done so its several months away still. Councilman Burnette is uncomfortable with no deadline. Councilman Ford recommends putting off the negotiations until the appraisals are complete, the water billing issues are handled, and even a new City Manager is hired. He believes the City Manager and City Attorney are too busy with more important issues.

 

Mayor Green said everyday business must still go on.

 

Councilman Kennedy tends to agree with Councilman Ford.

 

Vice Mayor Pohlmann asked the City Manager and City Attorney if they are able to move forward with the negotiations. Ms. Roberts said yes. City Manager said it's been difficult because of the Sunshine Law. He recommends releasing the City Manager from the negotiating team. Councilman Ford suggested Councilman Burnette serve on the negotiation team with the City Attorney. Mayor Green has too many conflicts. Councilman Burnette accepted. Ms. Roberts requests that she and City Manager be support staff to Councilman Burnette rather than on the negotiation team.

 

Buddy LaCour asked that they be able to provide a contract to the City rather than wait on the City since they have other issues to handle. Ms. Roberts said there is a contract prepared already. Mr. LaCour said due diligence hasn't been done.

 

Consensus of Council is for Councilman Burnette to serve on the negotiating team with the City Attorney and City Manager as support.

 

Ted Noftall asked when the lands were determined that would be swapped. Ms. Roberts said at the Special Joint Meeting held on September 11, 2012.

 

Motion to approve Item #14 was made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried by roll call vote.

 

Item #16 – Mr. Parker advised that there are no water meters available. Neptune has offered to provide water meters at $75/each and they are compatible with the Sensus System. Mayor Green asked about the Sensus warranty. Mr. Parker said these meters and registers have been sent back for a long time. Recently, 25 were sent back for testing and a determination on why they are failing.

 

Councilman Kennedy asked how many previously returned meters were actually being replaced. Mr. Parker said they were replaced if they were not working when Sensus tested them.

 

Councilman Ford got a different sense from Staff. They didn't know why meters were being returned to the City because Sensus found it to be working after Staff returned it for failure.

 

Shannon Lewis, Assistant City Attorney, said there are 191 Neptune meters that have been in the ground for three (3) years with no failures. Neptune meters can be read by the current system.

 

Jeff Kimbrough, Sunstate Meter & Supply, Inc. introduced himself to Council.  Mayor Green asked if they are reliable, dependable, consistent, and good.  Mr. Kimbrough said all of that and he is present to discuss the meters. Delivery is about 30 days. Mr. Kimbrough said all parts are made in the USA (Alabama). He provided details of the warranty.

 

Motion to approve item #16 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

17. Second 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 adopt Ordinance No. 2012-23 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.  Motion carried unanimously by roll call vote after no comments.

 

18. First Reading – Ordinance No. 2012-16 – LDC Amendments/Subdivision and Site Plan Regulations, Chapters 2, 3, 5, 6, 7, 9, 10, 13, 16, and 17, Case no. 12-25000004

 

Mayor Green read Ordinance No. 2012-16.

 

ORDINANCE NO. 2012-16

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING THE LAND DEVELOPMENT CODE CHAPTER 2, AMENDING DEFINITIONS; CHAPTER 3, RELATING TO DEVELOPMENT ORDER CONDITIONS; CHAPTERS 3, 5, AND 6, RELATING TO THE DEVELOPMENT PLAN REVIEW PROCESS FOR SUBDIVISIONS AND SITE PLANS; CHAPTER 5, RELATING TO SUBDIVISIONS, ADDING DEFENSIBLE SPACES REQUIREMENT AND REMOVING PRELIMINARY PLAT PROCESS; CHAPTER 6, RELATING TO SITE PLANS, ADDING CORSS ACCESS EASEMENT REQUIREMENT; CHAPTER 13, RELATING TO OPAQUE FENCE OR WALL REQUIREMENTS, CHAPTERS 7, 9, 10, 16, AND 17, AMENDING CROSS REFERENCES TO AMENDED SECTIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2012-16 on first reading was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.  

 

Penelope Cruz, Principal Planner, presented the Staff Report summarizing the amendments.

 

Mayor Green doesn't agree with the three foot easement for a wall or fence from the property line.

 

Councilman Kennedy agrees with Mayor Green. He is glad Staff is working on the consistency of fences along the main roads.

 

Vice Mayor Pohlmann asked if they have to accept all of the amendments or none. Ms. Cruz said no, changes to the amendments can happen.

 

Councilman Burnette confirmed that Ridgewood Avenue would be included. Ms. Cruz said yes.

 

Councilman Ford asked about the defensible space. He asked if this will affect a residential property owner. Ms. Cruz explained it is already in the Florida Laws and by adding it to our Code, allows the Fire Marshal to enforce it. The Fire Marshal would make the determination. Ms. Cruz said it applies to subdivisions, not individual homeowners. Councilman Ford is not in favor. He doesn't have faith in Staff telling him everything. He also wasn’t happy receiving the agenda packet on Thursday afternoon. He wants more time to read the documents.

 

Margaret Roberts, City Attorney, said Council can continue to a time certain of November 13, 2012.

 

Motion to Continue to time certain of November 13, 2012 was made by Councilman Ford, and Seconded by Councilman Kennedy.

 

Newton White asked if this affects planned communities and not Taylor, Hensel, etc. Mr. Parker said no it is for new development.

 

Motion carried unanimously by roll call vote.

 

19. First Reading – Ordinance No. 2012-24 – 12-1 Comprehensive Plan Amendments/George Copp Case no. 12-20000002

 

Mayor Green read Ordinance No. 2012-24.

 

ORDINANCE NO. 2012-24

 

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 ELEMENT AND MAP; PROVIDING FOR AN AMENDMENT OF APPROXIMATELY 16 ACRES LOCATED AT 2165 AND 2173 TOMOKA FARMS ROAD FROM VOLUSIA COUNTY RURAL TO CITY OF PORT ORANGE RURAL TRANSITION WITH A TEXT AMENDMENT TO LIMIT THE DENSITY OF THE SUBJECT PROPERTY TO ONE UNIT PER ACRE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-24 on first reading was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

 

20. First Reading – Ordinance No. 2012-25 – LDC Amendments/Chapter 17, PC-A Zoning District, Case No. 12-25000006

 

Mayor Green read Ordinance No. 2012-25.

 

ORDINANCE NO. 2012-25

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE LAND DEVELOPMENT CODE CHAPTER 17; ADDING MULTIFAMILY DWELLINGS (16 UNITS PER ACRE) AS A PERMITTED USE IN THE PLANNED COMMUNITY-AGRICULTURE (PC-A) WORKPLACE DISTRICT; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2012-25 on first reading was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Penelope Cruz, Principal Planner, presented the Staff Report.

 

Councilman Ford asked if there is a shortage of multifamily land available. Ms. Cruz said there is not much available. She can provide the actual data. Councilman Ford is concerned about taking the land for residential rather than commercial use. He asked if Staff contacted residents. Ms. Cruz said the applicant was provided with the HOA's information to contact the adjacent residents.

 

Vice Mayor Pohlmann asked if 10% is the maximum amount. Ms. Cruz said yes 10% of the 420 acres.

 

Councilman Kennedy has no problem with multifamily, but he would like to see the site plan.

 

Mayor Green spoke with the developer prior to the meeting.

 

Rob Merrill of Cobb Cole provided details of the proposed project requiring this change. He advised that the Planning Commission also recommended approval of the amendment.

Mayor Green asked if it was subsidized housing. Mr. Merrill said no.

 

Jamie Flegal, CBL and Associates, said his concerns are the same as the Council's. Their investment across the street (Pavilion) is important to them. They want it to continue to be successful. They believe this project will enhance the Pavilion.

 

Councilman Kennedy is good with it. He said it is a nice design, great looking project.

 

Councilman Burnette is not sold on it yet. He likes that the residents will be in walking distance to the Pavilion. It will help the businesses.

 

Mr. Parker said the site plan is conceptual. It may change before it is actually built. Mr. Parker suggested a neighborhood meeting with Royal Palm. Mr. Merrill said he has spoken with the HOA already but will be happy to discuss it with anyone.

 

Councilman Ford doesn't like getting these proposed changes without knowing the reason behind them. Ms. Cruz explained that this change is not just for this one project, but will affect the entire City. Mr. Merrill explained that this request came from them, not Staff. Staff recommends that the change affect the City as a whole, not just this project.

 

Mayor Green said it is going to be the developer because it's their money. He thinks it’s a good project.

 

Councilman Kennedy said this makes sense for transition. The alternative is to wait for someone else to come by with another warehouse or industrial business.

 

Vice Mayor Pohlmann is ready to vote.

 

Councilman Ford is willing to consider the rezoning of this acreage and consider other areas later.

 

Mr. Merrill is acceptable to changing it to 7% instead of 10%, but he was hoping it wouldn’t be just for this project.

 

Mark Schaeffer doesn't like the proximity of the commercial developments.

 

Motion to amend the original Motion to approve, amending page 2(C), subsection 3 change 10% to 7% made by Councilman Ford, and Seconded by Councilman Burnette. Motion carried unanimously by roll call.

 

Motion to approve Ordinance No. 2012-25 as amended was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Mr. Parker asked if Council wants Staff to contact Royal Palms. Consensus is yes.

 

21. First Reading – Ordinance No. 2012-26 – Ordinance Rezoning and Approving a Master Development Agreement & Conceptual Development Plan/Catfish Commons PCD

 

Mayor Green read Ordinance No. 2012-26.

 

ORDINANCE NO. 2012-26

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING +/- 1.52 ACRES FROM “RD” (RIDGEWOOD DEVELOPMENT) AND “NP” (NEIGHBORHOOD PRESERVATION) TO “PCD” (PLANNED COMMERCIAL DEVELOPMENT) AND APPROVING A MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN FOR CATFISH COMMONS PCD; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2012-26 on first reading was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Tim Burman, Principal Planner, provided details of the amendment.

 

Councilman Ford asked about parking on Halifax. Mr. Burman said that was removed from the proposal. Councilman Ford asked about code changes to the special event definitions. Mr. Parker said there is a change coming next week.

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

22. First Reading – Ordinance No. 2012-27 – Land Development Code Text Amendments/Chapters 2 and 17, Case no. 12-25000005

 

Mayor Green read Ordinance No. 2012-27.

 

ORDINANCE NO. 2012-27

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF PORT ORANGE RELATING TO CHAPTER 2, AMENDING THE DEFINITION FOR MASTER DEVELOPMENT AGREEMENT; AND RELATING TO CHAPTER 17, SECTION 30 TO AUTHORIZE USE OF A MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN FOR PROPERTY WITHIN THE PLANNED COMMUNITY – PORT ORANGE RIVERWALK (PC-R) DISTRICT; PROVIDING REGULATIONS FOR APPLICATION, MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT plan, and approval procedures; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Council recessed for five minutes and reconvened as the Town Center CRA at 10:42 p.m., minutes of which are under separate cover.

 

Mayor Green re-read Ordinance No. 2012-27.

 

Motion to adopt Ordinance No. 2012-27 on first reading was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote, after no comments. 

 

Before voting, Mayor Green asked Margaret Roberts if there was a conflict with him voting. Ms. Roberts advised there was no conflict because it includes the whole area.

 

23. First Reading – Ordinance No. 2012-29 – Ordinance Approving a Master Development Agreement & Conceptual Development Plan/Riverwalk Marina & Riverboat, Case No. 12-45000001

 

Mayor Green read Ordinance No. 2012-29.

 

ORDINANCE NO. 2012-29

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE RIVERWALK marina and riverboat master development agreement and conceptual development plan for 4.79 acres located within the planned community – port orange Riverwalk (pc-r) district; and providing an effective date.

 

Motion to adopt Ordinance No. 2012-29 on first reading subject to technical and legal comments was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.  

 

Councilman Burnette asked about parking payments. Ms. Roberts said it doesn't speak to reimbursement except if the City wants the parking moved; the developer will move it at their expense. Councilman Burnette asked about the easements for public access. Ms. Roberts said yes, if the ordinance is approved with the technical and legal comments, it will provide for a 12 foot easement for egress and ingress for pedestrians.

 

Mayor Green asked for public comments; there were none.

 

Motion carried by 3-1 roll call vote. Mayor Ford voted no, and Mayor Green abstained.

 

24. First Reading – Ordinance No. 2012-28 – Code of Ordinances Text Amendment/Chapter 82, Case No. 12-25000005

 

Mayor Green read Ordinance No. 2012-28.

 

ORDINANCE NO. 2012-28

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; REPEALING SECTION 82-41 OF THE CODE OF ORDINANCE OF THE CITY OF PORT ORANGE RELATING TO USING WATERWAYS AS A PLACE OF BUSINESS, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2012-28 on first reading was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Tim Burman, Principal Planner, provided the Staff report. He explained that this ordinance is removing the language in the Code of Ordinances only. The prohibition is still in the Land Development Code. Applicants will still need to come before Council for future approvals.

Councilman Ford is worried by this ordinance. He asked the City Attorney if the Council has the right to a special exception. Ms. Roberts said the MDA allows for flexibility. He is not thrilled will a lot of businesses in the waters. He is opposed to the change.

 

Councilman Burnette has mixed feelings about it. He doesn't like the potential of not seeing gain in property tax revenue, but sees this as a start with more tax bases to come.

 

Ms. Roberts said before second reading the tax appraiser is supposed to answer the question about property tax revenue from the riverboat.

 

Vice Mayor Pohlmann supports it and is surprised that and wonders why everyone in New Smyrna Beach was so excited to be getting a riverboat but Port Orange is not.

 

Councilman Kennedy confirmed the boat has to be moored at a dock and have to own the land. Ms. Roberts confirmed same. Mr. Burman reiterated that this is only removing the language from the Code of Ordinance. The same language is in the Land Development Code. Anyone in the future will need to come before Council for approval.

 

Motion carried by 3-1 roll call vote. Councilman Ford voted no. Mayor Green abstained. There were no public comments

 

COUNCIL COMMENTS

 

25. Comments/Concerns from Council Members

 

Councilman Kennedy asked if the employee who reentered the building has been sent to the police department. Mr. Parker said yes. They are looking into it.

 

Vice Mayor Pohlmann asked what the city investment is in Riverwalk. Mr. Parker will get the information. Vice Mayor Pohlmann p asked who's decision it was to close the fire station on Memorial Day. Mr. Parker will also research that issue. Vice Mayor Pohlmann asked about the SAFR Grant information. Mr. Parker will gather the information and provide a report. Vice Mayor Pohlmann is not in favor of the City making a profit on medical issues.

 

Councilman Burnette agrees with Councilman Kennedy regarding the suspended employee reentering the building. He has lost faith in City employees, but wants to clarify that this needs to be fixed quickly for the employees who come in every day and work hard for the citizens. He believes there are several employees who have been slapped in the face and their reputations are on the line.

 

Councilman Ford said regular business in the City needs to continue. He asked about 556 Lancewood Circle, it has high grass and junk in the yard. He wants a report back when he reports a code issue.

 

Mayor Green asked if permits can be issued via PDF files. Kerry Luezinger, Building Official, said some review can be done through PDF’s, but not geared up for full online review. Mayor Green said the County can do it all online, payments and everything. Mr. Leuzinger said we don't have the technology. Mayor Green wants information on what to do to go online. Wayne Clark, Community Development Director, said we have click-to-gov but other issues have taken precedence. He agrees it is the right path. They will look into it.

 

26. City Council Committee Reports

a. City Investment Committee – Councilman Kennedy reported that they met two weeks ago. The investment portfolio has been fair. For the past 12 months the City has pulled a 1.03% and the Merrill Lynch treasury index was .056.

b. Transportation Planning Organization (TPO) – Councilman Ford reported that the TPO voted today to fund the sidewalk from Golden Gate Circle to Nova Road.

c. Library Advisory – Councilman Kennedy reported there is a meeting on November 8, 2012.

d. Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported there is a meeting in November.

e. Municipal Police Officers Retirement Trust – Councilman Kennedy reported there is a meeting in November.

f. General Employees General Retirement Trust – Councilman Ford reported they had a good meeting. They are hiring a group to represent them in class actions that haven't happened yet. They ended the fiscal year without the late September crash. The earnings were approximately 16.5% for the year.

g. YMCA – Vice Mayor Pohlmann reported that a new director is coming soon. They are looking for board members. They are continuing with their expansion. The plans are moving forward. The fiscal year ends December 31. Father/Daughter dance is coming up.

h. Volusia Council of Governments (VCOG) – Mayor Green reported the next dinner. He mentioned that New Smyrna Beach holds with a lot of great activities.

i. Volusia League of Cities - Mayor Green advised that the next meeting is in December.

j. ArtHaus – Councilman Burnette reported Family Days chalk art show was a success.

k. Port Orange/South Daytona Chamber of Commerce – Councilman Burnette reported the Chamber Retreat is on Friday.

l. Golf Course Board of Directors - Report given by KemperSports.

m. Communications Interlocal Agency (CIA) – Mayor Green said there is nothing to report; they are still closing everything out.

 

Ms. Roberts asked for direction on background checks for the City Manager applicants. The citizen’s committee has seven (7) applicants for recommendation to the City Council.

Councilman Kennedy asked that social networking sites be checked. Mr. Parker said ok. He explained there are two steps to the background check. The initial basic one and then a detailed check to follow.

ADJOURNMENT:    11:41p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager