REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS - CITY HALL

1000 CITY CENTER CIRCLE

AUGUST 17, 2010

AMENDED MINUTES

(Amended to include Item #7, which was inadvertently omitted previously)

 

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

 

The City Council recessed at 7:01 p.m. to hold the Eastport CRA and Town Center CRA Meetings, which minutes are under separate cover.

 

Reconvene: 7:37 p.m.

 

Boy Scout of Troup 714 introduced himself. He is home-schooled. 

 

Political candidates in attendance introduced themselves and gave an overview of their background.  Mayor Green encouraged persons to get to know the candidates, what they represent and their background.  He pointed out that when political signs are not placed in the proper locations you are infringing on other persons rights. Mayor Green said a person should not buy their way into serving.  When he sees misinformation passed out with negative comments it bothers him. He asked that signs not be destroyed and that candidates not be critical of their opposition. Being a City Council Member, etc. is a difficult and time consuming job. Candidates should make sure they are prepared to serve. 

 

SPECIAL REPORT

 

4.         Report from KemperSports Management

 

Michael Collins, Superintendent and Dennis Pickavance, said they saw a positive June and July and so far August has been good.  There was a negative net operating income of $6,528 for July. Rounds played were 4,519. Kate Mennick, Director of Marketing, gave an overview of new marketing techniques that have been initiated.  Work on the facility to make it hurricane hardened are almost complete.

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to accept the marketing plan. Motion carried unanimously upon roll call vote.

 

BOARD APPOINTMENTS AND INTERVIEWS

 

5.         Planning Commission (3 Terms to Expire 9/1/12)

 

Mike Arminio and Lance Green, current Planning Commission Members whose terms are expiring but are interested in reappointment, gave an overview of their background and continued interest in serving. Mayor Green noted that Joan Parker is also interested in reappointment but unable to be here tonight due to illness.

 

Motion made by Councilman Steindoerfer, seconded by Vice Mayor Martin, to reappoint Joan Parker, Lance Green, and Michael Arminio to the Planning Commission, with terms to expire on September 1, 2012. Motion carried unanimously by voice vote.

 

CITIZEN PARTICIPATION (Agenda)

 

6.         Presentation by Mike Mellon, Executive Director of EVAC, Regarding         Emergency Transport

 

Removed from the Agenda.

 

CITIZEN PARTICIPATION (Non-agenda)

 

Dennis Clayton, Spruce Creek Woods Drive, League of Women Voters, spoke regarding candidate forums and their organization. He encouraged citizens to get to know the candidates. On August 19th there will be a form for School District 3 at the library.

Joyce Oxley, spoke regarding the walkway across from the YMCA to the Library.  She wants policemen stationed there.  Some type of pedestrian signs need to be installed. The public has the right of way. Mayor Green said he discussed this and signage with the Chief of Police. There is signage but often times people do not acknowledge it. This will be looked further into.

 

Ted Noftall, Chickadee Drive, would like to see calculations and a cost analysis report of the Sheriff’s Department taking over the Police Department. Mr. Parker said all numbers were in his August 9th memo and presentation report.

 

Mayor Green suggested that Agenda Item No. 42 be moved forward, to which Council did not object.

 

Motion made by Councilman Pohlmann, seconded by Councilman Kennedy, to waive the parliamentary rule to reconsider tonight the acceptance of the Special Magistrate’s Recommendations for IAFF Rank and File Unit Impasse, for Article 20 Bereavement Leave and Article 29 (renumbered Article 28), Educational Leave. Motion carried unanimously upon roll call vote.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to reconsider acceptance of the Special Magistrate’s Recommendations for IAFF Rank and File Unit Impasse, for Article 20 Bereavement Leave and Article 29 (renumbered Article 28), Educational Leave. Motion carried unanimously upon roll call vote.

 

Ms. Roberts, City Attorney, said Mark Levitt is here representing the City and Richard Siwica, Attorney for the local IAFF Local.  Mr. Levitt gave an overview of the issue and said he recommends that the City Council accept the Special Magistrate’s ruling on Articles 20 Bereavement Leave and Article 29 Educational Leave, renumbered and now is 28.

 

Richard Siwica said he is appearing on behalf of the union.  He does not believe that the City Council has the jurisdiction to address these items. Mr. Siwica gave an overhead of what took place about 120 days before at a hearing. He said there is no provision to come back and take another shot to do these things.  Mr. Siwica said the motivation is strategy.  Mr. Siwica gave an overview of what has transpired since the previous hearing and filing of unfair labor practices. He said to his knowledge this is the first time in the State that a body has reconvened to change a decision that was made in this regard. He asked what legal authority there is to do that. The Union objected to some City Council action and some issues and pursued an unfair labor practice. The City does not have the authority to go back and revisit the issue. Nothing done here can cleanse that.

 

Ms. Roberts, City Attorney, said there may be a difference of opinion.  Mark Levitt, the arbitrator, has said they do have the authority. You have the right and authority to reconsider decisions as you would other types of cases. This is not unique.  The City Council is trying to agree to something in this case which the union had accepted and apparently they are asking them not to do that. The City Council is simply exercising its legislative authority to reconsider a legislative decision. Mr. Siwica maintains that this is a litigation strategy and simply a tactic for upcoming litigation.  Ms. Roberts asked Mr. Siwica to share his authority that says this City Council cannot agree with the union position in a effort to agree on some things.  Mr. Siwica referred to Section 447.033 (4) (e) of the Florida Statutes which describes the process which is mandated. Ms. Roberts asked Mr. Siwica if he is saying there is no opportunity to resolve issues short of full blown litigation.  She disagrees. Mr. Siwica disagreed with Ms. Roberts. The City Council cannot go back and change things any more than he can come before them and say “let’s look at an article again”.   Both parties might mutually be able to do that. Ms. Roberts said, for the record, when she raised the issue with him back in July that there was an interest in these discussions he did not make that argument then and stated he would get back with her but would have to get with the union.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to amend the main motion to accept the Special Magistrate’s Recommendations for IAFF Rank and File Unit Impasse, for Article 20 Bereavement Leave and Article 29 (renumbered Article 28), Educational Leave, to communicate the offer to resolve the two issues contingent on proceeding and being able to discuss with the Union. Motion carried unanimously upon roll call vote.

Main motion as amended carried unanimously upon roll call vote.

 

7.         Request for Reduction of Lien – 724 Nixon Lane

 

Jane Kelly, Asset Manager of Kondaur, addressed the Council regarding the lien recorded against the property located at 724 Nixon Lane. Once she learned of the code violations, she brought the house into compliance. She found the lien through a title search during the process of selling the home. Mayor Green confirmed that all code violations have been corrected. Mayor Green does not believe everything can be waived. Councilman Steindoerfer asked if the property was bought in bulk. Ms. Kelly replied yes, and the lien goes back two years. Her company purchased the mortgage on the property in December, 2009 and then foreclosed on the homeowner for non-payment. Councilman Steindoerfer agrees with Mayor Green that we cannot waive the water-sewer liens and staff time. Vice Mayor Martin would not be in favor of doing away with all of the lien, but would look at some. Councilman Pohlmann confirmed that improvements were made quickly upon knowledge of the liens. Ms. Kelly confirmed. Councilman Pohlmann asked the costs to bring the home into compliance. Ms. Kelly answered that it has been approximately $4,000. Councilman Kennedy asked if they have done due diligence on the property. Ms. Kelly said yes, on the value of property and a quick owner and emission. She doesn’t know how the $100 a day could have been overlooked. Councilman Kennedy asked code compliance inspectors when the property came into compliance. Wayne Clark, Community Development Director, advised that the violations are tied to the fence not the yard. There was only about a month from the time Kondaur owned the property until the time the property was cleaned up. Councilman Kennedy has no problem reducing the fines for $100 per day since they owned the property but everything prior to then they should be responsible for paying. Councilman Pohlmann figures there is approximately $9,500-9,800 in costs, plus code violation fines. Mayor Green will provide total costs but code is instructed to get the property into compliance. He feels $12,000 is fair.

 

Motion made by Vice Mayor Martin to settle the lien at 724 Nixon Lane for $12,000, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.

 

Mr. Parker confirmed for the record that Staff will apply the $12,000 settlement first to water and sewer liens, then to the mowing lien, and the remaining balance will go towards code violation fines.

 

CONSENT AGENDA

 

8.         Project Managers’ Report

9.         Public Improvements Agreement for Sun Glow Construction, Inc.

10.       Addendum No. 80 to Engineering Services Contract with Quentin L.          Hampton for Reclaimed Water Augmentation Expansion

11.       Waiver of Normal Bidding Procedures and Revalidation of Sole-Source     Contract with Florida Detroit Diesel-Allison for Replacement of Two Generator Radiators at the Reclaimed Water Plant

12.       Bid Award – Re-roof Projects at Allen Green Civic Center, City of Port         Orange City Hall and Fire Station Station No. 73

13.       Bid Award – SHIP Rehabilitation at 401 Herbert Street to Misiano    Construction and Remodeling, Inc.

14.       Bid Award – SHIP Rehabilitation at 308 Grant Street to Misiano        Construction and Remodeling, Inc.

15.       Bid Award – SHIP Rehabilitation at 1556 Rusty Circle to Misiano     Construction and Remodeling, Inc.

16.       Flu Serum Purchase of 2010 Flu Shot Program

17.       Proposed License Agreement – Lot 7 and Part of Lot 8, Block 2, Harbor      Oaks, Unit 1 Subdivision (5915 Riverside Drive)

18.       Proposed License Agreement – Lot 60 Cypress Cove, Phase 1, Replat       Subdivision (825 Mockingbird Drive)

19.       Property, Liability and Workers’ Compensation Insurance: Policy Year       2010-2011

20.       Final Ranking and Approval to negotiate Contract for Site Development    Engineering Services

21.       2011 Critical Dates Calendars

22.       Sole Source Acquisition of Neptune Water Meters

23.       Authorization to Utilize Community Development Block Grant (CDBG)       Demolition Activity Funding to Demolish a Vacant, Dilapidated Housing Unit Located at 1125 Bayview Avenue

24.       Building Activity Report and Monthly Development Activity Report for June           and July 2010

25.       Contract for Engineering Services for Design of Turn Lanes on Willow Run         Boulevard at Clyde Morris and on Dunlawton Avenue at Village Trail

26.       Final Ranking Approval – R.F.S.Q. 10-05 Design-Building Wellfield Solar             Power Project

27.       2010 Flu Program Contracts

28.       CPI Rate Increase – Landscape Maintenance Contract

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve Agenda Item Nos. 8, 10-11, 17-22, 24-25, and 27-28. Motion carried unanimously by voice vote.

 

9.         Public Improvements Agreement for Sun Glow Construction, Inc.

 

Ms. Roberts provided a handout. There are two versions, the one presented and one amended. She did not have that with her and asked this item be tabled, to which Council agreed.

 

12.       Bid Award – Re-roof Projects at Allen Green Civic Center, City of Port         Orange City Hall and Fire Station No. 73

 

Mayor Green asked authorization to have a threshold inspector to review installations. Mr. Parker said bids were under budget and the dollars should be there.

 

Motion made by Vice Mayor Martin,

seconded by Councilman Kennedy, to approve Agenda Item No. 12. Motion carried unanimously by voice vote.

 

13.       Bid Award – SHIP Rehabilitation at 401 Herbert Street to Misiano    Construction and Remodeling, Inc.

 

Mayor Green said he rode each property individually today. He has concerns that the property has not been maintained much less the roof. He asked about making the award contingent he improves the property. Nancy Jewell, CDBG/SHIP Planner, said there is an ongoing effort between her and Code Enforcement to complete compliance.  The property will be looked at again before award of the bid.

 

Motion made by Councilman Kennedy, seconded by Councilman Pohlmann, to table Agenda Item No. 13. Motion carried unanimously by voice vote.

 

14.       Bid Award – SHIP Rehabilitation at 308 Grant Street to Misiano       

 

Mayor Green said a good job has been done on this.  This is an example of the type of person he would like to help.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to approve Agenda Item No. 14. Motion carried unanimously by voice vote.

 

15.       Bid Award – SHIP Rehabilitation at 1556 Rusty Circle to Misiano     Construction and Remodeling, Inc.

 

Mayor Green said he did not see anything wrong at this location. Ms. Jewell said it is mostly internal items.  Mayor Green feels the amount seems excessive.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to approve Agenda Item No. 15. Motion carried unanimously by voice vote.

 

16.       Flu Serum Purchase for 2010 Flu Shot Program

 

Mayor Green commented on a letter he had received from an individual wanting to volunteer in this program.  He will provide it to the Department. Vice Mayor Martin said the Health Department is willing to assist in the program too.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to approve the Flu Serum Purchase for the 2010 Flu Shot Program. Motion carried unanimously by voice vote.

 

23.       Authorization to Utilize Community Development Block Grant (CDBG)-      Demolition Activity Funding to Demolish a Vacant, Dilapidated Housing Unit Located at 1125 Bayview Avenue

 

Mayor Green asked about any lien on the property. Mr. Parker said grant dollars was given to the City. Demolitions are eligible.   demolitions are eligible.  All parties would agree this would be a great help to the entire neighborhood. Ms. Jewell said they have not solicited quotes yet and she does not have an amount.

 

Motion made by Councilman Pohlmann, seconded by Vice Mayor Martin, to approve Agenda Item No. 23. Motion carried unanimously upon roll call vote.

 

26.       Final Ranking Approval – R.F.S.Q. 10-05 Design-Build Wellfield Solar       Power Project  Pull  29.  Citizen Advisory Committee for MPO  Bobby

 

This item was pulled.

 

REPORT FROM ADVISORY BOARD

 

29.       Citizen Advisory Committee for MPO

 

Bobby Ball, CAC/MPO, said they met and reaffirmed some visions and goals for the long-range transportation plan and how to rank some priority projects and approved them.

 

FINANCE

 

30.       Resolution No. 10-58 – Authorization of Merchant Agreement with Merrick            Bank

 

RESOLUTION NO. 10-58

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A MERCHANT AGREEMENT WITH MERRICK BANK CORPORATION AND ETS CORPORATION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to adopt Resolution No. 10-58. Motion carried unanimously upon roll call vote. 

 

31.       Monthly Financial Report

 

John Shelley, Finance Director, reported all major operating funds are within expected receipts and disbursements.  The Golf Course report was heard earlier

in the meeting.  He confirmed they are at a loss for year to date, however, this time of year it is usually higher than what it now is.  Councilman Kennedy commented that the 16% below revenues in the building special revenue fund seem significant. Mr. Shelley said expenses are being watched closely and monies will be made up on that end.

 

COMMUNITY DEVELOPMENT

 

32.       Second ReadingOrdinance No. 2010-19 – Rezoning and Approving a   Master Development Agreement Plan – Colony in the Wood

 

Planning Commission recommends approval.

 

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.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Ordinance No. 2010-19 on second and final reading. Motion carried unanimously upon roll call vote

 

Rob Merrell, Attorney for the applicant, thanked the City Council for their support. Vice Mayor Martin commented this will be a great asset to Port Orange. If Amendment 4 passes in November, this type of project would have had to be voted on by everyone at a cost of $20,000-$25,000.

 

33.       First ReadingOrdinance No. 2010-20 – Small Scale Land Use     Amendment – William Bethune – Executive Homes

 

Planning Commission recommends approval.

 

ORDINANCE NO. 2010-20

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING FUTURE LAND USE MAP OF COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM VOLUSIA COUNTY RURAL (0.2-1) UNIT/ACRE) TO CITY OF PORT ORANGE AGRICULTURAL/RESIDENTIAL (0-2 UNITS/ACRE) LOCATED NORTH OF TOWN WEST BOULEVARD, EAST OF TOMOKA FARMS ROAD, AND SOUTH OF FIDDLER LANE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.           

 

Tim Burman, Principal Planner/Current Planning, gave the staff report.  He noted what opposition there was to the project has been worked out. There are no net increases to services. The project has been discussed with surrounding residents.

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to approve Ordinance No. 2010-20 on first reading. Motion carried unanimously upon roll call vote.

 

34.       First ReadingOrdinance No. 2010-21 – Comprehensive Plan Update     (EAR-Based Amendments) – 10-2 Comprehensive Plan Amendment        Cycle Adoption

ORDINANCE NO. 2010-21

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF EVALUATION

AND APPRAISAL REPORT-BASED COMPREHENSIVE PLAN AMENDMENTS PURSUANT TO FLORIDA LAW; AMENDING CHAPTER 1 FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP; CHAPTER 2 TRANSPORTATION MOBILITY ELEMENT; CHAPTER 3 HOUSING ELEMENT; CHAPTER 4 PUBLIC FACILITIES ELEMENT; CHAPTER 5 PUBLIC SCHOOL FACILITIES ELEMENT; CHAPTER 6 RECREATION AND OPEN SPACE ELEMENT; CHAPTER 7 COASTAL ZONE MANAGEMENT ELEMENT; CHAPTER 8 CONSERVATION ELEMENT; CHAPTER 9 INTERGOVERNMENTAL COORDINATION ELEMENT; CHAPTER 10 CAPITAL IMPROVEMENTS ELEMENT; ESTABLISHING THE CITY OF PORT ORANGE COMPREHENSIVE PLAN 2010 – 2025; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AND OTHER AGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Wayne Clark, Community Development Director, gave the staff report. He summarized what the State Growth Management Act requires and periodic amendment process that is a two-phase process. The City Council adopted the EAR on January 20, 2009.  Recommendations contained in the EAR become the basis of proposed amendments to the Comp Plan. The amendments, once approved by City Council and found in compliance with Florida Statutes, then become the new Comp Plan. The Evaluation did not recommend any major changes. It revealed that the overall Plan was substantially effective.  One of the biggest changes was 12 years of outdated numbers, redundancies, and updates based on recent state laws.  Staff looked closely at mobility and how people move around the community. The proposed EAR-based amendments were approved on April 20, 2010.  DCA reviewed the proposed changes and had two objections. One of the biggest ORC report issues was where the City shifted from concurrency to TCA’s.  The City had one TCA and recently added two others. The State was concerned with too much flexibility.  Staff prepared responses and revisions to the originally proposed amendments to address those objections and other comments received from FDOT, Volusia County, and the City of Daytona Beach. Those were related to some of the detail of the Transportation Concurrency Exception Area. The City was able to work out verbiage with all of the entities that asked questions. The revisions have been provided to DCA and FDOT for an informal review. The City has also received the Volusia Growth Management Commission Certification and is prepared to adopt the 10-2 CPA’s.  Mr. Clark said there is a citizen information form outside in the lobby. Any person wishing to be kept informed on the progress of this item by DCA should complete the form and turn it in. Mr. Parker, City Manager, noted one of the major problems throughout the State is the lack of guidance from DCA regarding transportation concurrency exception areas. Port Orange is being recommended for engineers to contact us as an example to review how the City of Port Orange went about doing theirs. Vice Mayor Martin noted the East Florida Regional Planning Council also looks at this.  She asked if there had been any comments from them. Mr. Clark said there was a letter saying they were impressed. If Amendment 4 was in effect this too would have had to have gone to voters.

 

Councilman Pohlmann asked is this a 15 year blueprint. Mr. Clark said it is suppose to be for 20.  Each community is allowed to submit amendments twice a year.

 

Lorelle Friend handed out two maps of the Spruce Creek Preserve, a trail map and topographical map.  She said she does  not understand why there are pieces of a missing tributary on a wetlands map.   The floodplain map does not show where it flows and empties out into Spruce Creek.  It is there today and flows pretty fast. 

 

Penny Cruz, Principal Planner/Long-Range Planning, told Ms. Friend that the maps the City exhibited were created by GIS provided from the Water Management District (WMD) and Volusia County. The City is required to use that data.   

 

Tom Friend said the Comp Plan on line all this time shows the maps to be accurate.  All State and County maps in existence have been in agreement all these years.  There is a tributary shown flowing under Pioneer Trail and Turnbull Bay. He believes there is an oversight of some kind and would appreciate staff following up on that. Ms. Cruz reiterated the information the City has was directly downloaded from the WMD and Volusia County.  It is the same data that they use.  There are regulatory agencies over those systems.  The data gets updated periodically. Ms. Cruz referenced an e-mail from Ms. Friend regarding a tributary along Martin Dairy rd. that appeared much further closer to Spruce Creek.  Mr. Parker said he will have it verified that the maps are correct and have it done in writing. Mr. Friend proceeded to talk about land that was annexed in 1985 and all land adjacent to Turnbull and Pioneer Trail was reportedly made floodplain. That is the land they are talking about that the tributary is on. A PUD was put on that land.  Mr. Friend asked if development rights will be returned to a 225 acre piece of property. Mayor Green said not to his knowledge. Mayor Green said he spoke to Mori Hosseini today and other Mayors regarding purchase of some property and CARL. He is still a willing seller.  Mr. Clark clarified that the Stanaki property was abut 48 acres that had commercial. It does include taking it and redistributing back into the City. He pointed out that the Small Scale Amendment is separate from the Comp Plan Amendments before the City Council tonight and is not related to the Stanaki purchase and its commercial.

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to approve Ordinance No. 10-21 on first reading. Motion carried unanimously upon roll call vote.

 

9.         Public Improvements Agreement for Sun Glow Construction, Inc.

 

Ms. Roberts asked that Council remove from the table Agenda Item No. 9 - Public Improvements Agreement for Sun Glow Construction, Inc.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to remove from the table Agenda Item No. 9. Motion carried unanimously by voice vote.

 

Ms. Roberts handed out a revised agreement requested by the property owner.  She described changes in paragraph 1 and a change on page 2 that provides for construction of a sidewalk in the back side of the bank. Mr. Parker pointed out that PNCP is not the objecting party. This actually goes back to the property owner of where the sidewalks bend off the public right of way onto property he is leasing to the bank. The bank agreed to build. 

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to approve the Public Improvements Agreement for Sun Glow Construction, Inc., as revised and handed out by the City Attorney. Motion carried unanimously upon roll call vote.

 

 

 

PUBLIC WORKS

 

35.       First ReadingOrdinance No. 2010-22 – Award Roll-Off Franchise            Agreement

 

ORDINANCE NO. 2010-22

 

 AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING A NON-EXCLUSIVE FRANCHISE TO EACH OF THE FOLLOWING ENTITIES:  HALIFAX WRECKING COMPANY, INC., VEOLIA ES SOLID WASTE SOUTHEAST, INC., SAMSULA WASTE, INC., WASTE PRO OF FLORIDA, INC., EMERALD WASTE SERVICES, LLC, SOUTHEAST CONTAINER SERVICE, INC., FENCE SERVICE, INC. D/B/A F.S.I. ROLL OFF CONTAINER SERVICE, AND SET MATERIALS, INC. FOR PROVIDING ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; OUTSTANDING FRANCHISEES’ DUTIES; PROVIDING TERMS AND CONDITIONS UNDER WHICH SUCH FRANCHISEES SHALL OPERATE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mayor Green declared a conflict of interest and said he will abstain from voting.  Councilman Pohlmann asked is this the standard rate.  Mr. Parker said yes. Councilman Kennedy asked if any companies we had last year backed out. Warren Pike, Public Works Director, said one but that was because paperwork was not filed in time.

 

Motion made by Vice Mayor Martin, seconded by Councilman Steindoerfer, to approve Ordinance No. 2010-22 on first reading. Motion carried 4 – 0 upon roll call vote, with Mayor Green abstaining.

 

36.       Resolution No. 10-59 – CPI Rate Adjustment – Veolia Environmental         Services

 

 

 

 

RESOLUTION NO. 10-59

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING A CONSUMER PRICE INDEX RATE ADJUSTMENT AS ALLOWED BY CONTRACT WITH VEOLIA ES SOLID WASTE SOUTHEAST, INC.; SETTING FORTH THE ADJUSTED RATE; AND PROVIDING AN EFFECTIVE DATE.

 

Councilman Kennedy asked is this to be renegotiated this spring. Mr. Parker said yes. Council should award a new contract or be planning a transitional period or staying with the current contractor.  He explained how the consumer price index is computed.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to adopt Resolution No. 10-59. Motion carried unanimously upon roll call vote.

 

 37.      First ReadingOrdinance No. 2010-23 – Amending Section 54-13 of the             Code of Ordinances Relating to Police Officers’ Pension Fund

 

ORDINANCE NO. 2010-23

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE CITY OF PORT ORANGE POLICE OFFICERS’ PENSION FUND, AMENDING SECTIONS 54-122, 54-127, 54-132, 54-134 AND 54-138 RELATING TO DEFINITIONS, FORMS OF BENEFITS, BOARD OF TRUSTEES,

AND MISCELLANEOUS PROVISIONS; PROVIDING FOR COMPLIANCE WITH CHAPTER 2009-97, LAWS OF FLORIDA AND HEROES EARNINGS AND RETIREMENT TAX ACT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Mr. Parker said this relates to procedural things enacted by the Legislature. The City has to change its ordinance to bring it into compliance. There is no actuarial impact. A report will be provided before second reading.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to approve Ordinance No. 2010-13 on first reading. Motion carried unanimously upon roll call vote.

 

38.       Resolution No. 10-61 – ZIMEC Rate Structure

 

RESOLUTION NO. 10-61

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA ESTABLISHING A RATE STRUCTURE FOR THE COMMUNITY ZIMEK PROGRAM; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

 

Russ Rafferty, Division Chief, EMS, said this is being used a lot internally and there have been some done externally.  Staff is asking the rate structure be approved removing the depreciation cost of the unit until the program has more usage. It has been used quite a bit at the Allen Green Center because of mold.  Councilman Pohlmann asked if they charge for internal use. Mr. Rafferty said they have not up until now. Mayor Green asked about the longevity of the equipment.  Mr. Rafferty said maintenance is minimal and the company through which they purchased it has been good to work with.

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to

adopt Resolution No. 10-61.  Motion carried unanimously upon roll call vote.

 

39.       SAFER Grant

 

Chris Weir, Fire Marshall, gave an overview of a SAFER Grant the City has been awarded in the amount of $633,664. The grant would allow the City to hire 6 personnel for the Fire Rescue Department. Presently they have 2 open positions and four that are frozen and unfunded.  After a two year grant period the City is  under obligation to maintain the positions.  It is believed, however, through attrition the positions will fill those of 4 retiring personnel.  Mr. Weir spoke regarding Station 73 and staffing, what the Department will be able to do with the grant dollars and that the City would virtually see no overtime at all.  It would give enough personnel to augment any overtime expenditures. Mr. Parker pointed out it does not eliminate federal labor standard overtime. This is above what is required by federal law.  Mayor Green said because the City Council is in labor negotiations Council has to be careful what they discuss.  He can see where this would help short term but he does not like it. Ms. Roberts said Council needs to consider is this is a mechanism to cover costs that the City needs and will it provide needed services for its citizens.

 

Recess:       9:51 p.m.

Reconvene: 9:53 p.m.

 

Councilman Steindoerfer asked are you allowed to lay people off during this period.  Mr. Parker said no. Ms. Roberts said that is frozen and you cannot have layoffs. If someone leaves or retires you have to fill the position.  Vice Mayor Martin commented although it would pay for hiring and salary costs, the City is still responsible for uniforms, etc.  Mr. Weir said the City has a supply of uniforms. Mr. Parker said bunker gear is included as an allowable expense but uniforms would have to provided.  Councilman Pohlmann said the grant is for a large amount of money.  The taxpayers are paying or it some where. His understanding was it had to be used for firemen laid off and asked has the City laid any off. Mr. Weir said there are four positions identified as being unfunded. Positions unfunded, under their definition, is layoff. Councilman Pohlmann said once you accept the grant are you locked in for personnel for a couple of years. His concern is he has not seen an analysis on what City costs would be.  He said suppose for next year the general budget is much less than this year.  People in government are saying that they will not allow for any additional tax increases. Would we be locked in to having no choice for any layoffs in the Fire Department.  The residents have indicated how much they support the Fire Department. Would you have to lay off policemen because you cannot lay off Fire Department personnel. There are people here tonight who support the Recreation Department, too.  Would there have to be layoffs in the Public Works Department?  He said it gets right down to the fact that there is no shared sacrifice.  Accepting the grant would lock them into 6 more firemen. He asked would new ones be given a 2.5% increase if the Council is still at a status quo on the contract. Ms. Roberts said the City has to adhere to the contract. Councilman Pohlmann said he supports firemen, but questions does the City really need that much staffing considering economic conditions.  Councilman Kennedy said on the surface it looks good, but he too has a problem locking the City into 6 new people and should anyone leave we would have to refill those positions. What would you do if the economy continues to go down as it is predicted to do.  Mayor Green said you would have to take funding from some other source. He understands providing for life safety. This is difficult to discuss when there are certain areas you cannot talk about because of negotiations with the union contract. Councilman Steindoerfer asked if the grant is not accepted and additional persons hired, what would it cost the City in overtime. Fire Chief Weber said $180,000 per year.  He gave an overview of what the law requires related to the number of personnel required at a residential fire.

 

Ted Noftall, Chickadee Drive, asked Council to reject the grant for several reasons.  He feels it is because of this type of thing that is causing financial problems. Government money comes with conditions.  He suggested Council start living within their means. The continual hiding behind the people has to stop. Ms. Roberts asked for a copy of the FEMA regulation referred to regarding layoffs. Mr. Parker gave an overview of staffing level numbers. It is still a net of two that would remain in the third year.

 

Motion made by Vice Mayor Martin, seconded by Councilman Pohlmann, to accept the SAFER Grant. Motion defeated 0 - 4 upon roll call vote, with Councilmen Pohlmann and Kennedy, Vice Mayor Martin and Mayor Green voting no.

 

ADMINISTRATION

 

40.       Resolution No. 10-62 – Adopting Inventory List of Municipal Property         Appropriate for Use as Affordable Housing

 

RESOLUTION NO. 10-62

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING AN INVENTORY LIST OF MUNICIPAL PROPERTY APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS REQUIRED BY FLORIDA STATUTE, SECTION 116.0451; AND PROVIDING AN EFFECTIVE DATE.    

 

Motion made by Vice Mayor Martin, seconded by Councilman Kennedy, to adopt Resolution No. 10-62.  Motion carried unanimously upon roll call vote.

 

41.       Authorize the City Manager to Amend the Early Retirement Agreement      with Steve Wolf

 

Mr. Parker said that Mr. Wolf has been an employee for the City for 34 years.  He will turn 55 on July 1, 2011.  He has requested that he be allowed to take early retirement at that time.  Councilman Kennedy asked if this would create any legal issues.  Mr. Parker said Council went to quarterly phased in early retirement dates because it was easier to manage.  June 30th is the last option date offered. There are benefits Mr. Wolf will receive by delaying his retirement date to July 1st that he otherwise would not. Ms. Roberts said the resolution will need to be amended. Consensus of Council was for staff to bring back a resolution to Council that would amend the early retirement resolution to allow Mr. Wolf to change his date of retirement from June 30th to July 1st.

 

COUNCIL COMMENTS

 

43.       Comments/Concerns from Council Members

 

Councilman Pohlmann encouraged citizens to get to know their candidates. The election is next week.  Mr. Parker stated Raydon is preparing to open soon.  There was discussion regarding the need for a traffic signal at Hockey & Williamson. The City has been working with the County and requested to try and move forward to get a temporary signal located there. It is a safety issue. It will take some design dollars. He will bring this item back to City Council.  They also need to try and market the other 15 acre site. The road was negotiated when laying Williamson out and the Coraci family said there would be so many locations and picked where they would put the road connections. The City will propose to bring a design contract back. 

 

ADJOURNMENT: 10:21 P.M.

 

 

                                                                                    __________________

                                                                                    Mayor Allen Green

 

Attest:

 

 

 

___________________________

Kenneth W. Parker, City Manager