REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

NOVEMBER 13, 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 advised that a discussion and vote needs to take place regarding problems with the towing company and current contract with A&A Towing.

 

Motion to Amend the Agenda to add the Towing Contract with Universal Towing as item #34A was made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

TOWN CENTER CRA SPECIAL MEETING

 

·         License Agreement for Christmas Tree Sales Lot

 

Council recessed at 7:01 p.m. to hold a Special Town Center CRA Meeting, minutes of which are under special cover.

 

City Council reconvened at 7:06 p.m.

 

SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 

4.    Environmental Advisory Board Quarterly Report

 

Jim Meadows provided the EAB report. The Board recommended to take no action on the tree ordinance. They didn't have enough information to make a decision. Susanne Grubbs provided a presentation to the EAB regarding sidewalks. Flood plain ordinance recommendation from the Board was approval.

 

Mayor Green thanked Mr. Meadows for this service.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Philip Klema addressed Council regarding the Port Orange Historical Trust. He thanked the City and Kent Donahue for his presentation. The Trust is advocating history education. They are asking the public to answer: Who is the oldest person living in Port Orange (not necessarily born in Port Orange)? Email pklema@cfl.rr.com with the answer. Second question they need an answer to is: Who has lived in the Port Orange area the longest? Responses are due by March 1, 2013 so the City can announce the results at the Centennial Celebration. The Trust meets at 6pm on the second Sunday of the month at the small building in front of the Port Orange/South Daytona Chamber.

 

Newton White addressed Council regarding the slow movement of major city issues, i.e. hiring a Public Works Director, vacancies in finance department. He asked Council to urge Staff to move forward with hiring to resolve issues before Staff.

 

Corey Berman addressed Council regarding Ravenwood Subdivision. Parking issues, high weeds and grass issues, and sidewalk issues. He asked that towing services be rotated rather than having only one towing company under contract.

 

CONSENT AGENDA

 

5.    Approval of Minutes

a.    October 17, 2012 – Special City Council Meeting

b.    October 30, 2012 – Special City Council Meeting

6.    Staff Reports - Building Activity Report and Monthly Development Activity Report for October, 2012

7.    Utility Bill Printing Services Contract with Pinnacle Data Systems

8.    Electrical Services Contract Addendum #2 with Economy Electric and Purchase Order Work Authorization

9.    Change Order #1 to the Barney’s Pumps Inc. Contract for Pump Repair Service to the East Master Lift Station at the Reclaimed Water Treatment Plant

10. Purchase of Replacement (5) Lift Stations from Smith & Loveless, Inc.

11. Large Meter Replacement Bid Award - Bid #12-50 to Danus Utilities Inc.   

12. Acceptance of Settlement in the case of Coleen Benson vs. City of Port Orange

 

Councilman Ford asked that item #7 be pulled for further discussion.

 

Motion to approve 5, 6, and 8-12 was made by Vice Mayor Pohlmann and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #7 - Councilman Ford is happy to be getting new contractor for water billing. He asked if there is a process in place regarding returned bills. Stella Gurnee, Comptroller, explained that the box of returned mail was processed but not filed away. She explained the procedure for processing returns.

 

Tony Marino, IT Director, explained that this company provides a report for checks and balances.

 

Councilman Burnette asked if customers can opt out of a paper bill. Mr. Marino said it is coming. They are trying to update the online billing.

 

Motion to approve Item #7 was made by Councilman Kennedy, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

TABLED ITEMS

 

13. Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit water consumption (Tabled October 16, 2012)

 

Mr. Parker advised that this item should remain tabled. Staff will bring it forward on 12/4/12 with a recommendation. All of the parts may not be needed. Tony Marino is doing some research.

 

FINANCE (Stella Gurnee)

 

14. Resolution No. 12-73 – FY2013 Budget Appropriation for Grant, Engagement, and other various budget review items

 

Mayor Green read Resolution No. 12-73.

 

RESOLUTION NO. 12-73

 

A RESOLUTION OF THE CITY FO PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 12-73 was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

15. Resolution No. 12-74 – FY2012 Final Budget Execution Review

 

Mayor Green read Resolution No. 12-74.

RESOLUTION NO. 12-74

 

A RESOLUTION OF THE CITY FO PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 12-74 was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

16. Resolution No. 12-75 – FY2013 Budget Encumbrance and Project Carryover

 

Mayor Green read Resolution No. 12-75.

RESOLUTION NO. 12-75

 

A RESOLUTION OF THE CITY FO PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING FUNDS FOR PROJECT CARRY OVER FUNDS AND FISCAL YEAR 2011-2012 BUDGET ENCUMBRANCE CARRY OVERS TO FISCAL YEAR 2012-2013 BUDGET; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 12-75 was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Stella Gurnee, Comptroller, explained this resolution is for purchase orders approved last fiscal year and projects from last fiscal year that were not completed. They were all approved last fiscal year.

 

Councilman Ford wants to look at the projects and work on a timeline. He believes some projects need to planned out or cancelled.

Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

17. Second 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 ELECMENT 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 SUGJECT PROPERTY TO ONE UNIT PER ACRE; PROVIDING FOR REPEAL OF 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.

 

18. First Reading (Re-read) – 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 approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Penny Cruz, Principal Planner, provided the staff report. The developer held meetings on November 5th and November 8th with the Royal Palm neighborhood and Staff to discuss the landscape buffer. Revisions were developed based on the meetings with Council and the residents of Royal Palm.  The applicants agreed to re-do first reading, with second reading being done on December 4th if approved on first reading.

 

Rob Merrill, Cobb Cole, thanked Council for suggesting that they meet with the neighbors. It resulted in positive changes for the project. He provided print outs of their project.

 

Mayor Green said an issue is a traffic signal for the residents of the apartment complex.

 

Penny advised that the Town West signal is being redesigned. Wayne Clark, Community Development Director, explained that the contract is scheduled to come before Council on December 11 as an emergency light only.

 

Councilman Ford is delighted with the process. He wants to be sure to engage residents when things will affect them. He wants to work with CD regarding apartment complexes abutting single family houses. He thinks it should have a transition between them.

 

Councilman Burnette would rather see an apartment complex rather than a truck stop, industrial shops, etc. He spoke with the applicant to get questions answered. He asked the applicant if they would use local contractors and the reply was yes. He is happy with the buffering.

 

Vice Mayor Pohlmann asked Mr. Merrill if there was a consensus of the residents. Mr. Merrill said they took a vote of those who showed up and only one wanted a concrete wall over the green wall.

 

Councilman Kennedy asked Mr. Merrill about the fence in front of the property and the maintenance of it. Mr. Merrill said there are code requirements to keep the fences in good shape. Ms. Cruz confirmed. Because it is a commercial property, the developer must keep the property up to commercial codes.

 

Mayor Green asked for public comments:

 

Rich Elkowitz is concerned about the construction of the project. He wants a commitment that it will not run 24/7. Mayor Green said they will work under normal working hours. The residents appreciate Council including them in the process.

 

Maria Valenti spoke against the Pavilion project years ago but was wrong; however, the more people in the area, the more crime. Her home was invaded as well as three other homes on a Saturday afternoon. She is concerned about the crime because of added people.

 

Patti Marcoux is concerned with the safety of the neighborhood and a traffic light.  Mr. Parker explained the process for the traffic light. She asked if it would reduce the value of her home. Corey Berman, Realtor, answered that it would not decrease her value because of the buffers.

 

Gloria Flahault, President of The Vineyards Phase 3 and 4 HOA, expressed concern that they were not included in the neighborhood meetings.

 

Jack McVeigh spoke regarding the sidewalk from Royal Palms to Summertrees extension. He said Staff assured him it's required and they would not get a CO without it. He thanked Council for the suggestion to meet with residents and for the process. He is still concerned about the traffic signal. He urges Council, the developer and partners, and residents to push County Council to have the traffic light installed and fully active. He asked that the mature trees be left on the property. He asked the developer to move the garages off of the property line with Royal Palms but he hasn't heard back.

 

Winston Shwartz thanked City Staff for organizing the meetings. He believes they were productive. He shared the concerns about the buffer and traffic light.

 

Mark Schaefer asked about the percentage in the ordinance. Mayor Green said it is being reduced to 7%.

 

Newton White loves the development. He is happy with it, but concerned that CBL doesn't have any residential experience. Mr. Merrill said LIV Development has partnered with CBL, and they have tons of experience with residential development. Mayor Green said Council is comfortable with the relationship.

 

Ron Cicciarelli, Vineyards, is concerned with the environmental effects of the development. He wants to know what will be put in between the Vineyards and this project, which is open space now. Mayor Green said this is the maximum number of apartments on this property and future development is determined by the zoning.

 

Lynn Cicciarelli, Vineyards, wants to know what the plans are with the CBL property. Rob Merrill said there is nothing planned at this time.

 

Councilman Kennedy is glad to see the neighbors were brought in to the discussions.

 

Vice Mayor Pohlmann believes it is a good project for the community. There is always going to be a need to balance between residential and commercial properties.

 

Councilman Burnette said nothing is going to be perfect. The city doesn't own the land so they can't dictate that nothing be built. He appreciates the fact that the developer talked with the residents.

 

Councilman Ford assures residents that he will review any development that comes to the City.

 

Councilman Burnette added that the County has the final say so. Josh Wagner is the County Council Member in that area for discussions regarding the traffic light. Councilman Burnette has already emailed him of the resident’s concerns.

 

Motion carried unanimously by roll call vote.

 

Motion to continue Second Reading to December 4, 2012 was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

19. Second 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 approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

20. Second 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.

 

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

 

Ms. Roberts advised Mayor Green to abstain from voting.

 

Councilman Ford asked if the Riverboat pays taxes. Ms. Roberts said the buildings are taxable and there may or may not be personal taxes. There has not been an absolute answer from the property appraiser yet. Councilman Ford sees it as a step backwards.

 

Corey Berman agrees with Councilman Ford. He thinks they should build a restaurant not a riverboat.

 

Bob Scalise asked how a boat is helping the city. He asked if a fixed restaurant is in the future.

 

Ted Noftall asked Council to defer until the new Council Member is seated next month.

 

Shalish Patel may work on this project moving forward and has in the past. He urged Council to move forward. It's been empty for too long. He suggested looking at Tavares park systems and their waterfront. The Riverwalk needs a spark. He wants Council to approve it tonight.

 

Parker Mynchenberg echoed Mr. Patel's statements.

 

Vice Mayor Pohlmann said there are no incentives given to Mr. LaCour that wouldn't be offered and available to any other developer. He believes Council needs to give him the opportunity. He finds it strange that New Smyrna Beach residents were excited at the thought of a Riverboat but Port Orange is the opposite.

 

Councilman Kennedy agrees, it may not be the decision he would make but it's not his money. He wants to get development moving forward.

 

Councilman Ford thinks the park is shrinking. He doesn't like that the most beautiful part of the area is going to be a parking lot. He thinks the whole property should be public parks.

 

Mr. Parker explained that this item is requesting a change to the PC zoning district. Item #22 is to approve the MDA.

 

Motion carried 3-1-1 with to d no, mayor abstained

 

21. Second 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 approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mr. Roberts advised Mayor Green that he should continue to abstain.

 

Discussion was held regarding future businesses operating from boats. Tim Burman, Principal Planner, clarified that operating businesses from boats will still not be permitted because it is still in the Land Development Code. Future businesses will need to ask for permission from Council. Mr. Parker said it doesn’t apply just to Riverwalk.

 

Mr. Clark explained further that businesses will need Council approval to do business on a boat through a Master Development Agreement.

 

Corey Berman said Council is setting precedence if they approve this business to operate on a boat. He advised that he will buy a boat to open a restaurant and if Council tells him no, he will sue.

 

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

 

 

22. Second 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 approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Vice Mayor Pohlmann supports the item. The marina was envisioned from the beginning.

 

Councilman Burnette said the dock has been reconfigured and that is good. The Riverboat is not he's first choice but it's not his money. Town Center is drowning in debt and something needs to move forward. This is the only option presented to Council.

 

Councilman Ford isn't happy with the project.

 

Mayor Green asked Councilman Burnette where they are with the negotiating. Councilman Burnette said they are waiting on the survey and then the appraisals.

 

Mr. Berman agrees with Councilman Ford. He again threatens to sue the City.

 

Judy Solenger would like to see the land stay beautiful. She's not against the development but wants the environment taken care of. She said this is the first she’s heard of the project and is concerned with the environmental impact. She enjoys the park area.

 

Mr. Patel invited Council and Staff to go visit the City of Tavares. He suggested citizens go to City Hall and get educated about the plans of the development.

 

Brian Spies is against the project. There is no money coming into the City for a tax base.

 

Ted Noftall thinks this looks like a cram to get it passed tonight before the new Council Member is seated.

 

Mr. Mynchenberg said they are looking for an opportunity to kick start Riverwalk.

 

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

 

 

23. 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 (Continued from October 23, 2012)

 

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

 

Ms. Cruz provided details of the amendment and revisions to the proposed ordinance.

 

Councilman Ford's concern is homes being built on wooded lots. Chris Weir, Fire Marshall said in this case no, it applies to subdivisions only.

 

Motion carried unanimously by roll call vote.

 

24. First Reading – Ordinance No. 2012-30 – 2012 Capital Improvements Element (CIE) Annual Update/Adoption Case no. 12-27500001

 

Mayor Green read Ordinance No. 2012-30.

ORDINANCE NO. 2012-30

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 CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Ms. Cruz provided details of the CIE as provided in the agenda packets.

 

Motion carried unanimously by roll call vote.

 

25. First Reading - Ordinance No. 2012-31 - Rezoning/Former Port Orange Six Theater From PCD to CC, 3780 Nova Road, Case No. 12-60000002

 

Mayor Green read Ordinance No. 2012-31.

ORDINANCE NO. 2012-31

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING +/- 4.97 ACRES LOCATED AT 3780 NOVA ROAD, FROM PLANNED COMMUNITY DEVELOPMENT (“PCD”) TO COMMUNITY COMMERCIAL (“CC”); AUTHORIZING REVISION OF OFFICIAL ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Mr. Burman provided details of the applicants request as provided in the agenda packet.

 

26. Proposed Conditional Use Permit for an Interim Use (Christmas Tree Sales) in the Planned Community – Riverwalk (PC-R) Zoning District – Case no. 12-30000001

 

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

 

ADMINISTRATION (Ken Parker)

 

27. First Reading – Ordinance No. 2012-32 – Amending the Fire Pension Plan to comply with various provisions of the Internal Revenue Code

 

Mayor Green read Ordinance No. 2012-32.

ORDINANCE NO. 2012-32

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 54, ARTICLE IV, CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA; ENTITLED FIRE AND RESCUE PENSION FUND; AMENDING SECTION 54-94, QUALIFICATION OF SYSTEM; AMENDING SECTION 54-99, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ELIMINATION OF MANDATORY DISTRIBUTIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Mr. Parker said the Ordinance was proposed by the pension board attorney to make the changes consistent with the state modifications. The changes are only to keep the plan in compliance with the IRS.

 

Motion carried unanimously by roll call vote.

 

28. Resolution No. 12-76 – Ratifying City Elections

 

Motion to approve with the updated numbers as provided by the City Clerk was made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote.

 

29. Feasibility Study – CDBG Funded Safe Routes to School Sidewalk Construction Project

 

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

 

Donna Steinebach, Assistant to the City Manager, provided background on the item. All of the sidewalk links to Port Orange Elementary School are recommended as needed. All funds are federal funds and CDBG funds. All of the funds for completing the project have been received.

 

Councilman Burnette had questions relating to the feedback from the residents and any changes that may have come from the meetings. Ms. Steinebach said there were no changes based on the comments. The objections had to do with the areas of Lafayette but are important for connectivity of the sidewalks.

 

Councilman Ford said it's important to take into consideration the resident's concerns.

 

Motion carried by roll call vote 3-2. Councilman Burnette and Councilman Ford voted no.

 

30. Staffing Levels and Fire Services Discussion

 

Ken Burgman provided his report.

Councilman Ford advised that hiring new firefighters now provides them with a pension plan that is in terrible shape. Overtime is also breaking the City. He recommends tabling the item until December 4 or have a special meeting if the IAFF contract is not agreed upon soon.

 

Councilman Burnette said 500 OT hours a week is a lot. He is ok with it short delay, but not a long one. He asked about having two people at the slowest station and running two units out of the busiest station. Chief Burgman said he doesn't recommend two at Station 75.

 

Vice Mayor Pohlmann deferred comments to the new councilman.

 

Councilman Kennedy agrees with tabling until the contract negotiation is held.

 

Motion to table the discussion on staffing levels was made by Councilman Ford, and Seconded by Councilman Burnette.  

 

Mr. Noftall asked about reserves being qualified. Chief Burgman explained they are the reserves that were working before the arbitrator. Mr. Noftall asked what happened to the reserve program. Mayor Green said the arbitrator decided it was illegal.

 

Mr. Berman said Council should hire three firefighters right away.

 

Mr. Spies said hire all nine that are needed. The city has plenty of money.

 

Motion carried unanimously by voice vote.

 

31. Odyssey Bid Protest Hearing – Palm Coast Co-Op Bid #ITB-PW-U-12-13

 

Mr. Parker provided details of the bid protest. Odyssey is not present.

 

Motion to uphold the City Manager’s decision was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no comments.

 

32. Agreement with Allied Universal Corporation for Liquid Sodium Hypochlorite

 

Mr. Parker gave details of the item. Allied Universal Corporation has offered a money back guarantee.

 

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

 

33. Approval of RFP for Audit Services

 

Ms. Roberts provided a document to Council. She can answer any questions. She said this provides an extensive audit.

 

Motion to approve RFP for Audit Services was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Vice Mayor Pohlmann asked if it will go deep enough. Mr. Roberts said it focus on the areas suspected as having more errors and also opens doors to other areas for testing. The auditor will come to Council for direction if those areas result in significant errors.

 

Councilman Burnette wants it to cover processes not just money. It is important that the auditor reports to Council and can go to wherever the audit investigation takes them. Ms. Roberts said it will come before Council for approval.

 

Councilman Ford wants it deep enough to find all problems. He is very unhappy with the investigation. He doesn't know what's going on. Ms. Roberts will add the requirement to have the auditor discuss scope.

 

Drainage billing was discussed by Ms. Gurnee. The towing contract errors were discussed. It should have been handled through Finance. It was missed because of lack of communication. Councilman Ford wants things cleaned up all at once in the Finance Department.

 

Mr. Berman wants a citizen committee. He thinks a full audit needs to be done.

 

Nr. Noftall asked Council to share what the auditor has found so far. Mr. Parker advised that all he knows is the auditor has talked to several employees and they will be preparing affidavits.

 

Mr. Schaefer asked who "we" and "they" are that the City Attorney spoke of. Ms. Roberts said she prepared the draft, then it was sent to Stella Gurnee, Lisa Pallante, Toby, Alex.

 

Councilman Kennedy asked if the RFP has to be out for a month. Lisa Pallante, Acting Purchasing Manager, said she will double check the minimum requirement. Mayor Green said compress it as much as possible.

 

Motion carried unanimously by roll call vote.

 

34. Utility Billing and Water Meter Discussion

 

Mr. Parker asked for any questions on the written report.

 

Councilman Burnette asked for the status of the Sensus warranty details. Mr. Parker said nothing has been received yet. He gave details of the Edgewater and Sensus problems.

 

Councilman Ford asked how many zero reads are broken vs. vacation meters. Mr. Gurnee said 200 meters last month were found to be faulty and replaced.

 

Mr. Noftall asked when the affidavits would be ready. Ms. Roberts said they are aiming for November 19, 2012.

 

Mr. Parker answered/explained how the mistakes were uncovered.

 

Councilman Ford expressed concerns with the fact that these problems went on for so long.

 

Stan Hetrick asked for information to be on the web.

 

Gregg Bastian asked if drops in water bills are reported and checked even if they are not zero reads. Mr. Parker answered that the criteria is being extended.

 

            34A.    Towing Contract

 

Mr. Parker advised that A&A Towing notified the City that they are no longer in business and Fryer is towing for them. An RFP is on the street now but the City needs a contract now on a temporary basis until the bids are taken. Ms. Roberts said it is for up to 120 days. The contract amount is $50 per car.

 

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

 

Councilman Ford asked how much was lost on this bankruptcy. Mr. Parker said approximately $146,000.

 

Councilman Burnette stated he is tired of hearing bad news.

 

Motion carried unanimously by voice vote.

 

Mr. Noftall asked how the shortfall was discovered. Mr. Parker said when the bid specs were being prepared by Lisa Pallante, she noticed there were no franchise payments being made.  Mr. Noftall asked if there were invoices sent to A&A. Mr. Parker said no, there were no invoices. Mr. Noftall asked who would normally be responsible for making sure the payments were made. Ms. Gurnee advised that the Purchasing Manager used to collect the payments, but with a change in personnel, it got dropped. Finance didn’t know to bill for the services.

 

COUNCIL COMMENTS

 

35. Comments/Concerns from Council Members

 

Councilman Burnette asked about the status of the Public Works Director. Mr. Parker said there is a meeting tomorrow relating to an interview from last week. Councilman Burnette thanked Ted Newton for his work in the neighborhood. He asked for a report from Police Department about patrols during the holidays. He thanked Bob Pohlmann for his nine years of service.

 

Councilman Kennedy wished happy Thanksgiving to all, and reminded all of the tree lighting on December 1 and the parade on December 2.

 

Vice Mayor Pohlmann congratulated Drew Bastian on the elections. He commended Ted Noftall for running. He thanked all for their support. Mayor Green thanked Bob Pohlmann for his service. Mayor Green presented Vice Mayor Pohlmann with a print from a local artist.

 

Mr. Parker asked if anyone on Council wants to serve on the Florida League of Cities Trust. Councilman Burnette asked if there is a sufficient benefit for someone on Council to serve. Mayor Green said yes. Councilman Burnette volunteered. Council agreed.

 

Mr. Parker advised Council of an emergency on Oriole Street. There has been a drop in water pressure that Staff is handling. The paperwork will come after.

 

ADJOURNMENT:    11:30p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager