REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS - CITY HALL

1000 CITY CENTER CIRCLE

JULY 27, 2010

 

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 George Steindoerfer                                                                                          Councilman Bob Pohlmann

                                                                        Councilman Dennis Kennedy

                                                                        Vice Mayor Mary Martin

                                                Mayor Allen Green

 

                        Also Present:   Kenneth W. Parker, City Manager

Margaret T. Roberts, City Attorney

Shirley M. Kelly, Deputy City Clerk

Glenda Leftwich, Recording Secretary

 

Political Candidates who were present introduced themselves and gave an overview of their background.  Mayor Green asked that citizens get to know them and their backgrounds and support the one you feel comfortable with. Mayor Green spoke regarding volunteerism and how the City has lot that over time and efforts need to be made to get it back.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

None

 

SPECIAL REPORT 

 

4.         Review of Golf Course Budget

 

Mr. Parker, City Manager, said the Board met before this meeting and reviewed the proposed budget for FY/2010/2011 for the golf course. They recommend it be adopted.  Staff has indicated KemperSports may be too aggressive in some of its projects. They should base the budget on rounds of play similar to this year. Ricardo Catarino,  Regional Operation Director, Michael Collins, Superintendent and Kate Minnick, Director of Marketing, were present. Mr. Catarino said they have tried to stay within frame of mind Mr. Parker has described and be more conservative. Revenues are budgeted at $1.6 million, expenses at $1.322 million, for a net income of $289,000.  Adjustments at the golf course have been made. Revenues are up versus the prior year.  Mr. Catarino said they are being more conservative. The cost of founds are being raised very marginally, not the main rates, only the in-season rates. Mayor Green said it was decided there would be a bottom number so they could maintain a reasonable price and quality and have flexible rates they can utilize. Councilman Kennedy said he understood we are low compared to some of the better courses. He asked is there room to move up more or would that be detrimental.  Mr. Catarino said it is a balancing act. A large part of the project revenue increase comes from food and beverage. Regarding rounds, their objective is to try and maintain the traffic. They are looking at being conservative with expenses. Councilman Pohlmann feels it is best to be conservative. Vice Mayor Martin feels they have done a good job.  Mr. Catarino said June was stronger than last year and preliminary results for July are good. The conditions of the course are excellent. Councilman Steindoerfer asked if they have laid off any employees. Mr. Catarino said no, but they have looked at this hard carefully and had to reclassify some employees reducing hours.  Ms. Minnock gave an overview of special food features they are having once a month.  

 

Motion made by Councilman Pohlmann, seconded by Vice Mayor Martin, to approve the budget as presented. Motion carried unanimously by voice vote.

 

5.         Review of Five Year Capital Improvement Program (CIP)

 

John Shelley, Finance Director, presented the Capital Improvement Program for Fiscal Years 2011-2015.  He said this Program basically identifies projects that may be constructed over the next 5 years. Some are funded, some are not and some are contingent. He reviewed the CIP process and how it proceeds.  Before July 23rd funding status and project schedules are finalized and staff prepares information for Council to be presented to them on August 3rd. The Council will review the Plan and adopt it in concept. Mr. Shelley described the considerations they go through to identify projects while keeping in mind the Comp Plan, funding availability, how the impact on current operations is measured, if additional personnel is needed, maintenance and operations costs included in each project, etc. Some of the capital improvement types included are annual programs, rehabilitation, fleet equipment/replacement, projects included in growth and concurrency.  Some of the projects completed this fiscal year include a road program, stormwater utilities, economic development and some general projects which are not complete.  There are some public utilities either under construction or completed.  The new public safety facility was completed a few months ago. The Parks & Recreation Department is still working on the Coracci Park and the Adult Center renovation. Mr. Shelley explained how to read the CIP detail pages for those not familiar with it.

 

The total CIP recommended for this year is $9,177,383, of which $4,795,074 is actually funded. The contingent funded program could be funded by a source that the City does not readily have in hand yet.  Unfunded projects are those where no source is known. Mr. Parker pointed out there is no debt being funded in this CIP.  Projects recommended are out of a cash system.  He named some of the funds the monies could come from.  Unfunded projects are not of a high priority of ones funded. Other discussion included the City’s leasing program and how it is operated and lease fees paid back to the City.  All vehicles are acquired out of that program, an internal service fund.  There is an amortization schedule on all rolling stock. This program has helped the City to always have the rolling stock needed.  Dollars have already been programmed to make sure equipment is there. Mr. Parker discussed briefly the Golf Course Capital Fund. On each round of golf there is a surcharge that is then reserved for renewal and replacement for items shown in the 451 Account.  The 106 Fund is a renewal and replacement account for the YMCA to replace items from facility leased from the City. Other discussion included gas tax funds, Water & Sewer Renewal and Replacement, Impact Fees, Drainage Extensions, and Water & Sewer Mapping. Mr. Shelley described some capital improvements planned for the Golf Course including air condition, kitchen upgrades, patio carpeting, parking lot maintenance, etc. The Lease Finance Fund is  operating rents paid for by user departments based upon life expectancy of piece of equipment. Mr. Shelley explained how the rental payment portion can stop but there can continue to be maintenance.  Vehicles are evaluated on an annual basis and reviewed. If the City has a vehicle that costs exceeds utility of it, it needs to be reviewed for getting rid of.  Mr. Parker said this helps to flatten out costs and in cash flow. The City has had this type of program 1989 and was the first in the state to do this type of program.  Councilman Pohlmann asked if the mooring field project is being pulled out? Mr. Parker said yes.  At the request of Councilman Pohlmann, Mr. Parker reviewed where monies will come from for capital projects. The 421 Fund is the flexible Fund. When you get into impact fees it is very specific what they can be spent on. Mayor Green said this item will come back to Council on August 3, 2010.

 

BOARD APPOINTMENTS  AND INTERVIEWS

 

6.         Environmental Advisory Board (1 Term to Expire 5/17/13)

 

 Motion made by Councilman Pohlmann, seconded by Vice Mayor Martin, to reappoint Paul Minshew to the Environmental Advisory Board, with term to expire on May 7, 2013. Motion carried unanimously by voice vote.

 

7.         Library Advisory Board – (2 Terms to Expire on 7/18/13)

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to reappoint Roz Crotty and Shirley Shook to the Library Advisory Board, with terms to expire on July 18, 2010. Motion carried unanimously by voice vote.

 

8.         Planning Commission (1 Term to Expire 9/1/12)

 

The application of Thomas Jordan was on the dais. He was unable to be present but has expressed an interest in being appointed to the Planning Commission. Mr. Jordan previously served on the Town Center CRA.

 

Motion made by Councilman Pohlmann, seconded by Council Steindoerfer, to appoint Thomas Jordan to the Planning Commission, with term to expire on September 1, 2012. Motion carried unanimously by voice vote.

 

Mayor Green and Councilman Kennedy said the volunteer application of Joe Thompson is a good one to keep on file.

 

9.         Town Center CRA (2 Terms to Expire 7/21/12)

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to reappoint Ben Talluto to the Town Center CRA, with term to expire on July 21, 2012. Motion carried unanimously by voice vote.

 

Mr. Talluto gave an overview of his background for new political candidates who do not know him.  He asked that they remember they are not representing any particular Department or individual but the entire City that is made of many people.

 

Mayor Green gave an overview of Ms. Laney’s background.  She is a PA and Professor at Stetson which she teaches tax, etc.PA-Prof. at Stetson, teaches tax, etc.   

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to appoint Sonya Laney to the Town Center CRA, with term to expire on July 21, 2012. Motion carried 5 – 0 by voice vote.

 

CONSENT AGENDA

 

10.       Project Managers’ Report

11.       Approve Public Employee Association (PEA) 2010-2012 Union Contract

12.       Accept Proposal from Sensus Water Meter Company

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to approve Agenda Item Nos. 10 and 12. Motion carried unanimously upon roll call vote.

 

11.       Approve Public Employee Association (PEA) 2010-2012 Union Contract

 

Mr. Parker said it is a legal requirement for the PEA to advertise before they can hold a vote. He pointed out there is no indication of a problem.

 

 

George Travato, running for Volusia County Council, arrived and introduced himself. Mayor Green said he has met with him. He again encouraged residents to get to know all of the candidates on a personal basis. At the request of Vice Mayor Martin, Mr. Travato gave an overview of the recent League of Women Voters Forum. Mayor Green commented on political signs throughout the community.  These are installed by ordinance and he asked that all candidates make certain said they are installed correctly. To violate the ordinance is a 2nd-3rd degree misdemeanor.  When they are installed correctly they should be left alone.  

 

FINANCE

 

13.       Resolution No. 10-52 – Energy Charges

 

RESOLUTION NO. 10-52

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING ENERGY FEES FOR WATER, SEWER, AND RECLAIMED WATER SERVICES SUPERSEDING PRIOR RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

 

Mr. Parker said this was implemented because of the variable cost of fuel. The method working as anticipated.

 

Motion made by Councilman Kennedy, seconded by Vice Mayor Martin, to adopt Resolution No. 10-52. Motion carried unanimously upon roll call vote.

 

14.       Monthly Financial Report

 

John Shelley, Finance Director, highlighted the financial activity in the five major funds for the month of June 2010. All funds are within their budgeted perimeters. Revenues are down in Water and Sewer for the nine months ending in June by about 2-3%. Some expenditures are being set aside to offset the decline.  Should revenues go the other way the City may see a reversal of the downward consumption trend. Staff is prepared for any downturn that might occur this fiscal year. The YMCA is showing an excess of revenues over expenditures of $157,000 plus for the 6 months ending June 30, 2010. The golf Course report was heard earlier. Activities seem to be on normal trend for the summer months.  Play appears to be up for this and last month.  It is still down but not as much. 

 

COMMUNITY DEVELOPMENT

 

15.       First Reading – Ordinance No. 2010-19 – Rezoning and Approving a         Master Development Agreement and Conceptual Development Plan –         Colony in the Wood

 

ORDINANCE NO. 2010-19

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING PROPERTY CONSISTING OF APPROXIMATELY + 83 ACRES LOCATED AT 4000 SOUTH CLYDE MORRIS BOULEVARD, FROM VOLUSIA COUNTY “MH-1” (MOBILE HOME PARK) TO CITY OF PORT ORANGE PLANNED UNIT DEVELOPMENT (PUD); ESTABLISHING BOUNDARIES; AUTHORIZING REVISION OF THE OFFICIAL ZONING ATLAS; APPROVING THE MASTER DEVELOPMENT AGREEMENT (MDA) AND THE CONCEPTUAL DEVELOPMENT PLAN (CDP) FOR THE COLONY IN THE WOOD; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Planning Commission recommends approval.

 

Penny Cruz, Principal Planner/Long-Range Planning, gave an overhead presentation. This is an opportunity allow to allow the development to continue to function the way it is in place now and to lay the foundation for future redevelopment. There are, however, no plans for that now. Any future development requires the owner to come back with an amendment to the MDA and Concept Plan. Ms. Cruz gave an overview of how the property is split, its uses, and how in the back the parcel will be developed with urban low dev. Councilman Kennedy said it appears they are positioning for future development but understands they have no intention to do that at present. Ms. Cruz said that is correct. Councilman Pohlmann asked if the residents own their mobile homes.  Ms. Cruz said yes but not the lot. State Statutes require that any type of action that would require them to move requires proper notice.        

 

Joyce Oxley, 50 Maplewood, said this is a good move.  The development is clean, garbage picked up, and the grass well maintained.  She still does not fully understand exactly what all this means. Most residents will return to the Park in October. Ms. Cruz said she will meet with the residents and explain everything. They do have City water now.

 

Rob Merrell III, PA, Cobb Cole, said he would be happy to be a volunteer when Ms. Cruz arranges a meeting regarding anything happening.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve Ordinance No. 2010-19 on first reading. Motion carried unanimously upon roll call vote.

 

PUBLIC UTILITIES

 

16.       Resolution No. 10-53 – Joint Project Agreement with City of Daytona          Beach Shores for South Atlantic Avenue Improvements Project    (Dunlawton to Marcelle Avenue)

 

RESOLUTION NO. 10-53

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING A JOINT PROJECT AGREEMENT UTILITY INSTALLATION AND ROAD CONSTRUCTION BY HIGHWAY CONTRACTOR BETWEEN THE CITY OF DAYTONA BEACH SHORES AND THE CITY OF PORT ORANGE; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PORT ORANGE; DIRECTING THE CITY CLERK TO FORWARD COPIES OF THE RESOLUTION AND AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

Ms. Roberts, City Attorney, said the City of Daytona Beach Shores did a preliminary review but has asked legal counsel to review and that has not been completed. Any minor revisions will be given to her and the City Manager to do any minor changes.

 

17.       Resolution No. 10-54 – Perpetual Easement to FDOT for Parcel 806           Required for Interstate 4 Widening Project

 

RESOLUTION NO. 10-54

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING A PERPETUAL EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OVER A PORTION OF THE SOUTHWEST ¼ OF SECTION 26, TOWNSHIP 16 SOUTH, RANGE 31 EAST, VOLUSIA COUNTY, FLORIDA FOR TRANSPORTATION PURPOSES WHICH ARE IN THE PUBLIC INTEREST AND WILL SERVE THE PUBLIC WELFARE; AUTHORIZING EXECUTION OF THE DONATION LETTER AND PERPETUAL EASEMENT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE CLOSING DOCUMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Mr. Parker said this is needed to accommodate the wildlife crossing at this location. Vice Mayor Martin asked that in the future when dealing with pieces of property should would like to see a picture.

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to adopt Resolution No. 10-54. Motion carried unanimously upon roll call vote.

 

18.       Resolution No. 10-5 – Amending Section 14.10 of the Purchasing Manual           Policy and Procedures

RESOLUTION NO. 1055

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE CITY PURCHASING MANUAL POLICIES AND PROCEDURES, AND PROVIDING AN EFFECTIVE DATE.

 

 Mr. Parker said under existing purchasing procedures the City Manager is the hearing officer in bid protests matters.  One of the company’s that has filed a bid protest had done work for him at his home in the past. The appearance of conflict is important to him and he would like this delegated to another individual. He recommends that Shannon Lewis, Assistant City Attorney, be appointed the hearing officer for bid protests, to which Council agreed.

 

COUNCIL COMMENTS 

 

19.       Comments/Concerns from Council Members

 

Councilman Pohlmann commented on water on the medians. Mr. Parker said there are water restrictions in the City and will check on that.  Councilman Kennedy spoke regarding an email he received this morning regarding persons being ticketed on Williamson and speed limits still being posted at 30 m.p.h. Mayor Green commented on creating a different model for safety service for police and fire administratively. He would like to see an organizational chart. He also spoke regarding the lack of volunteers and how important they are to the City.  some way to create some economics. Like to see organizational chart. He suggested creating an information center so people can get involved. Ms. Lewis said there has been some discussion at Family Days to have the ability for those who want to volunteer to have us as a point of contact. Vice Mayor Martin suggested having a citizen to handle the volunteers. Mayor Green said there is a good deal of knowledge out in the public sector that the City could draw in. The City should have a list of all its programs and expand on that and get people involved.

 

20.       City Council Committee Reports

 

a.         City Investment Committee

 

No meeting.

 

b.         Transportation Planning Organization (TPO)

 

No meeting.

 

c.         Library Advisory

 

No meeting

 d.        Municipal Firefighters Pension Board

 

Will meet next month.

 

e.         Municipal Police Officers Retirement Trust

 

Will meet next month.

 

f.          General Employees Retirement Trust Fund

 

Councilman Steindoerfer said the Fund was doing okay until the last part of June. They are hopeful it will recover again.

 

g.         YMCA

 

Heard earlier in the meeting.

 

h.         Volusia Council of Government (VCOG)

 

Mayor Green said they took July off. Vice Mayor Martin said there has been discussion on Amendment Nos. 5 and 6. At next month’s meeting they will discuss Amendment No. 4

 

i.          Volusia League of Cities

 

No report.

 

j.          ArtHaus

 

Councilman Steindoerfer said they are working on the sidewalk art program.

 

k.         Port Orange/South Daytona Chamber of Commerce

 

Mr. Parker said he met with the Chamber Board last week and discussed the budget.

 

l.          Golf Course Board of Directors

 

Report heard earlier.

 

m.        Communications Interlocal Agency (CIA)

 

Mayor Green said they met and discussed where they are in savings and some expansion.  They are working on not sending so many vehicles to the same call.

 

Other Comments

 

Ms. Roberts, City Attorney, asked for authorization to utilize the services of Aram Erum Kistemaker, Attorney, regarding ordinance prosecutions. Her hourly rate would be $160.00 with a $10,000 cap.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve the request of the City Attorney as presented. Motion carried unanimously by voice vote.

 

Mr. Parker advised Council that Chuck Johnson, a former Port Orange Firefighter, was recently lost due to an accident.  Mr. Johnson was the City’s first firefighter. Tuesday beginning at 6:00 p.m. will be the National Night Out Against Crime. Next Wednesday at 6:00 p.m. at the Lakeside Center will be the Council Workshop with Sheriff Ben Johnson. On August 17th Council will meet at 6:00 p.m. when the YMCA’s Executive Director will give a presentation. Inside the regular Council Meeting that date is a meeting with EVAC. Council will not meet on August 24th.

 

ADJOURNMENT: 8:37 p.m.

 

 

 

                                                                                    ___________________

                                                                                    Mayor Allen Green

 

Attest:

 

 

 

___________________________

Kenneth W. Parker, City Manager