REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JANUARY 18, 2011

 

THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:03 p.m.

 

Pledge of Allegiance

 

Silent Invocation

 

Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Donald Burnette

Councilman Bob Pohlmann

                                                                        Vice Mayor Dennis Kennedy

                                                                        Mayor Allen Green

 

                                    Also Present:                        Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk

 

SPECIAL RECOGNITION AND PROCLAMATIONS

 

Boy Scout Troop 441 with Scoutmaster Gary Sault was introduced. Mr. Sault advised that the boys are working on Citizenship in the Community. Mayor welcomed the troop.

 

Presentation by Jim Cameron, Senior Vice President of the Daytona Regional Chamber. Mr. Cameron advised the Council that they have a good working relationship with Debbie Conners. He provided a handout which he addressed individually, including the pension problems. They are a major concern for them and they understand there are limitations. They suggest that Port Orange maintain a competitive tax rate and keep fees equity between residential and businesses. Mr. Cameron invited council and public to Volusia Day on March 23, 2011, price is $25 per person. They are in need of sponsors as they will be taking students and unemployed citizens to Tallahassee.

Council questions: Councilman Burnette confirmed Atlantic High School students in the business and law academy will be going. Mr. Cameron said yes, he will be calling them.

Councilman Pohlmann thanked Jim for his work and asked if there is a united org throughout the nation that can get these issues out. Mr. Cameron said yes, but they do not always agree with every position but they are mostly in agreement.

Vice Mayor Kennedy also thanked Jim for his support and believes the list provided is a great list of recommendations.

 

Recess: 7:19 p.m.

 

The City Council meeting was recessed at 7:19 p.m. to hold a Town Center CRA meeting and an Eastport CRA meeting, which minutes are under separate cover.

Reconvened at 7:40 p.m.  

 

SPECIAL RECOGNITION AND PROCLAMATIONS

 

1.            Award of $1,200 to Port Orange Fire & Rescue from Factory Mutual Insurance Company for their Public Education Division and education materials.

 

Tonya Saylor gave background information regarding the grant award, which was approved by City Council on January 4, 2011. Resham Adikari, Engineering Specialist for FM Global presented a $1,200 check to the City Council for the City of Port Orange.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Budd Severino explained his issue regarding a code violation for not obtaining a permit prior to beginning work because he believed the General Contractor had pulled the permit. He received and paid a $500 fine. He has been in business in Port Orange for 40 years and never has had an issue like this. Mr. Parker advised Council that he has looked at the Company’s records and he has an extremely good record. Councilman Ford believes we need to be responsible on this fine. The spirit of the law is to penalize those avoiding or going around the law and believes we should refund the fine amount. Councilman Burnette agrees, we should refund the full amount of the fine. Councilman Pohlmann believes we should work with him on this and refund the fine. Mayor Green asked how the fine is determined. Kerry Leuzinger, Building Official, advised that the fee resolution is that the permit fee be doubled or a $500 fine, whichever is greater. Councilman Kennedy asked if the job got completed. Kerry Leuzinger advised that the job is fully completed. Councilman Kennedy thinks we should refund the fine. All in agreement. Council’s decision is to refund the $500 fine.

 

Ted Noftall asked Council how long an Ordinance has to be published before it comes before the Council. Attorney Roberts advised that Florida Statute Chapter 166 requires 10 days notice on the title of an Ordinance before the second reading. There is no requirement to publish the substance of the Ordinance. Attorney Roberts explained the process of the first reading and second reading. Mr. Noftall expressed his concern regarding the process. Mayor Green explained that the first reading is a chance to make changes. Attorney Roberts advised that the public should attend when there are first readings and they have input. Mr. Noftall doesn’t agree with the process.

Also wanted to know why the City doesn’t put the correspondence on the website, but it is emailed to certain people. Why not just put it on the website? Mayor Green asked what type of correspondence? Mr. Parker advised that Mr. Noftall is asking about the “read file”. He advised that the read file is available to the public upon request and it would be up to the Council if they wanted it posted on the website. Mayor Green advised that it is a large file, a lot of reading that is not even relevant. Councilman Ford would like to check with IT to ensure there is space available because it is a large file. Councilman Burnette agrees that it should be available if there is enough room on the website. Councilman Pohlmann has no objection to it being available. But what about the elimination of the file? Mr. Parker said we’d have to look at it. Explained the process when we had it available in paper form in the Clerk’s Office. Mr. Parker explained what is included in the read file: only correspondence sent or received by the City Manager and Mayor. Councilman Kennedy wonders what it would do to the website because it is so voluminous. Mr. Parker will find out and advise.

Mr. Noftall asked how long City Staff are lobbying the Mayor and Councilmembers. Mayor Green said sometimes they are briefed on issues for years so that they can make an informed decision. Councilmembers get phone calls from attorneys, public, everyone for years regarding some issues.

 

CONSENT AGENDA

 

6.            Approval of Minutes

a.                January 4, 2011 – Regular City Council Meeting

7.            Building Activity Report for November 2010 and Monthly Development Activity Report for December 2010

8.            Nova Oaks Affordable Housing Assistance Conditional Commitment for FHFC Application FY 2011

9.            2011 Legislative Program

10.         2011 Legislative Support Contract

11.         Donation of Surplus Computers to Black History Brain Bowl

12.         Change Order for the Signal Design at Williamson Blvd at Hockney Court & McGinnis Ave.

 

Consent Agenda items #8, 10, and 12 were pulled for further discussion by Mayor Green.

Motion made by Vice Mayor Kennedy to approve Consent Agenda items #6, 7, 9, and 11. Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.

 

Item #8: Mayor Green shared concerns about this program. Councilman Ford doesn’t like subsidized housing and feels this produces ghettos; however, this is for senior citizens and would support it. Councilman Burnette concurs with Councilman  Ford but believes it is an acceptable project because of the restrictions included. Councilman Pohlmann also doesn’t agree with subsidized housing in general, but supports this project because it is for seniors. Vice Mayor Kennedy agrees with the other Council members. Mayor Green concern is the medical calls involved when we “import” seniors to the area who would not otherwise reside in the City. It’s not cost effective sometimes.

 

Motion to Approve Consent Agenda item #8 as presented made by Councilman Pohlmann, Seconded by Vice Mayor Kennedy. Motion passed with a 3-2 vote, with Mayor Green and Councilman Ford voting no.

 

Item #10: Mr. Parker explained the relationship with Pittman Law Group and the need for their support to work for the City at the State level. Mayor Green shared that his experience with Pittman has been that he feels he has been completely informed and gets things explained to him in a way that he can understand. He believes we need to keep the working relationship. Councilman Ford is in opposition to this. He sees that lobbyists are at the heart of our problems most of the time. He’s going to make a stand to not be a part of it. Councilman Burnette would like to agree with Councilman Ford but believes we need people up there who can work for us. If we don’t do it, we won’t have a voice speaking for us. Councilman Pohlmann believes Councilman Ford’s statements are very true, but we are a city not a private corporation and we need someone working for us. The people we are hiring are there for the City. He supports the Pittman group. They have done a great job and believes they can do more for us than Rep. Hukill and Senator Lynn have done. Vice Mayor Kennedy has always questioned the need for the lobbyist or legal representation but at the end of the year, he’s always felt that we’ve gotten our money’s worth. Pittman has done a great job being involved and knowing what’s going on. Vice Mayor Kennedy would like to put that $40,000 back in our budget, but thinks it’s been beneficial over the years to have Pittman working for us in Tallahassee. Mayor Green agrees that we definitely get our money’s worth and we need someone working for us, but also agrees with Councilman Ford that he doesn’t like the system.

 

Motion to Approve item #10 made by Vice Mayor Kennedy, Seconded by Councilman Pohlmann. Roll call vote was taken, Motion carried 4-1 vote, Councilman Ford voting no.

 

Item #12: Mayor Green believes this modification is high but doesn’t think at this point, we could bring someone else in to do the job cheaper. Mr. Parker advised that the problem is there is a signed and sealed design and a new contractor will not take the design and go with it, they will want to start all over. Vice Mayor Kennedy says it’s obvious we need a light and it’s better to do now rather than later. Mayor Green addressed the issue of the Port Orange Police Officer being at the Raydon entrance every day. He advised that Raydon pays for that off duty Officer. Councilman Pohlmann confirmed that this is a change order from the County. Mr. Parker said yes, and explained that the County required the change because of the road widening. The complete cost is to relocate the pole to the west of where we were going to place it. This will prevent the light from being moved in the future. CBL has talked with the County but has not agreed to pay for the road extension and funding was already approved for the pole this change moves the location of the pole. Councilman Burnette hates that we get this information late from the County. He feels the County could have had better communication with us. He’s very disappointed in the County. Mr. Parker advised that the County contacted us as soon as they met with CBL. Originally they wanted us to relocate the east pole, which would have included relocating the water and sewer lines. That would have cost a lot more.

 

Motion to approve Consent Agenda Item #12 made by Councilman Burnette, Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

13.         Second Reading – Ordinance No. 2010-36 – Amending Chapter 6 of the Port Orange Code of Ordinances Relating to Drinking in Public.

 

ORDINANCE NO. 2010-36

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING CHAPTER 6 OF THE PORT ORANGE CODE OF ORDINANCES RELATING TO DRINKING IN PUBLIC; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to Approve Ordinance No. 2010-36 made by Vice Mayor Kennedy and Seconded by Councilman Burnette. Motion carried by unanimous roll call vote. It was clarified that the drinking in public refers only to drinking in the Adult Center.

 

14.         Second Reading – Ordinance No. 2010-37 – Moratorium on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Management Clinics in the City of Port Orange

 

ORDINANCE NO. 2010-37

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING A MORATORIUM RELATING TO THE ISSUANCE OF PERMITS FOR PAIN CLINICS AND PAIN MANAGEMENT CLINICS; MAKING FINDINGS; PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS, BUILDING PERMITS, ZONING APPROVALS AND FOR BUSINESS TAX RECEIPTS FOR PAIN CLINICS AND PAIN MANAGEMENT CLINICS IN THE CITY OF PORT ORANGE; PROVIDING AMENDMENTS AFFECTING THE CITY OF PORT ORANGE CODE OF ORDINANCES AND LAND DEVELOPMENT CODE; PROVIDING FOR THE DURATION OF THE MORATORIUM AND METHOD OF HANDLING APPLICATIONS AND PERMITS DURING OR PRIOR TO THE MORATORIUM; PROVIDING FOR INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to Approve Ordinance No. 2010-37made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann.

 

Comments from Council:

Vice Mayor Kennedy believes we need this moratorium at least until the State gets through their process. Councilman Pohlmann asked Attorney Roberts if the State law would supersede our Ordinance. Attorney Roberts said no, the Ordinance may be stricter than State Law. Councilman Burnette stated that it is very possible that the legislative push may be weaker than we want so he is all for the Ordinance. Councilman Ford is also in favor of it. Mayor Green asked for public input. There being none, Mayor Green called for the vote via roll call.

 

Motion carried unanimously by roll call vote.

 

15.         Second Reading – Ordinance No. 2010-38 – Moratorium on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Adult Arcades, Internet Cafes, and Other Related Businesses within the City of Port Orange.

 

ORDINANCE NO. 2010-38

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING A MORATORIUM RELATING TO THE ISSUANCE OF PERMITS FOR INTERNET CAFES, GAME/RECREATIONAL FACILITIES, ADULT ARCADE AMUSEMENT CENTERS AND OTHER SIMILARLY OPERATED FACILITIES; MAKING FINDINGS; PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ORDERS, BUILDING PERMITS ZONING APPROVALS AND FOR BUSINESS TAX RECEIPTS FOR INTERNET CAFES, GAME/RECREATIONAL FACILITY, ADULT ARCADE AMUSEMENT CENTERS AND OTHER SIMILARLY OPERATED FACILITIES IN THE CITY OF PORT ORANGE; PROVIDING AMENDMENTS AFFECTING THE CITY OF PORT ORANGE CODE OF ORDINANCES AND LAND DEVELOPMENT CODE; PROVIDING FOR THE DURATION OF THE MORATORIUM AND METHOD OF HANDLING APPLICATIONS AND PERMITS DURING OR PRIOR TO THE MORATORIUM; PROVIDING FOR INTERPRETATION; PROVIDING DEFINITIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to Approve Ordinance No. 2010-38 made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion passed unanimously by roll call vote.

 

16.         Grant of Utility Easement to FPL for Spruce Creek Road and Dunlawton Avenue Intersection Improvements.

 

Motion to Approve Item #16 by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. No discussion among Councilmembers. All in support. No public input. Motion passes unanimously with roll call vote.

 

17.         Discussion on Solid Waste.

 

Mr. Parker gave background on the options open to the Council regarding the solid waste contract. Option 4 was recommended by Staff. Mayor Green advised that the cost of the contract is not the only issue, we must research all aspects of the company placing the bid. Mr. Parker explained the Veolia Contract and the changes to the Veolia offer. There are more players in the market today and there may be a total of 5 bidders, which may make things more competitive. Mayor Green believes Veolia has been a great company. Mr. Parker agreed and advised Council that there were only 14 total complaints in the whole city last month, which is unheard of. Their customer service and their company are wonderful. The company has resolved each of the complaints received. Councilman Ford agrees to go out for bid. Councilman Burnette finds the current offer tempting because we have savings now, and we may not get a savings by going out for bid, but wants to see it go out for bid with the provision that the waste stays in Volusia County. Councilman Pohlmann congratulated Veolia for a job well done and does not believe this is a reflection on anything they have done wrong. He believes we owe it to the citizens to go to bid. Vice Mayor Kennedy says it is hard to tell Veolia that we are going to go to bid because they have done a great job, but competitive bidding is necessary for the best price. Mayor Green reminded Council not to forget quality of service with the good price. Mayor Green tasked the Councilmembers with spending time researching the companies. Councilman Pohlmann questioned if we have to go with the lowest bid if they feel the company is not as good as another. Mayor Green advised that it is the lowest effective bidder. Quality of trucks is important too. Mayor Green asked for public input. Glen Storch spoke representing Republic Services. Mr. Storch supports the Council’s position that good bidding will give good deals. Mr. Storch believes we have to do more with less these days. Bill Stubblebine of Veolia addressed the Council stating they are proud of the work they have done in this community. They have given over 150 years of combined service and want to continue. While he appreciates the competitive bidding process, he believes Council should stay with Veolia because they are the known company offering savings today not later. There is uncertainty with bidding. Veolia wants to provide the same level of service the City is used to. John McGrath of Waste Management spoke regarding their desire to contract with the City of Port Orange. Mr. McGrath congratulated Veolia on a job well done, and suggested to the Council to consider going with an RFP instead of a bid procedure. Mr. Parker advised Council that he has the direction that he needs from Council to proceed.

 

18.         First Reading – Ordinance No. 2011-1 – Amendment to the Code of Ordinances of the City of Port Orange, Florida, Chapter 10, Sections 10-3 and 10-11 to provide for the regulation of feral cats.

 

ORDINANCE NO. 2011-1

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 10, SECTION 10-3 OF THE CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA, RELATING TO DEFINITIONS; AMENDING CHAPTER 10, SECTION 10-11, RELATING TO REGULATION OF ANIMALS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to Approve Ordinance No. 2011-1 made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann.

 

Attorney Roberts advised of the revisions to the Ordinance provided prior to the meeting.

Comments of Council:

Councilman Ford advises he is in favor of restricting feral cats, but wants the Ordinance tightened up to show what it is that we are focusing on exactly. Councilman Ford wants the language very clear. Questioned whether this related to public and private property or just public property. Attorney Roberts advised that it is for public and private properties. Mayor Green explained of problems with neighbors feeding cats and cats going into other people’s homes. Chief Monahan agreed with Mayor Green that the problem occurs on private and public property and the Ordinance needs to include both. Mayor Green questioned whether his cats would be considered feral cats or not. Chief Monahan explained that Mayor Green’s cats would not be considered feral because he has gotten their shots and they are neutered. Chief Monahan introduced the Code Enforcement Officer, Barry Jackson, who is in the field experiencing the problem first hand. Officer Jackson says there is a huge problem with people feeding cats and the cats breeding. Councilman Ford and Officer Jackson discussed the procedure for trapping the cats when citizens complain. Chief Monahan explained that it costs the City $93.50 to trap an animal and take it to the Humane Society. Councilman Ford says this Ordinance bothers him and he believes we are being too restrictive. Mr. Parker explained that when a citizen takes an animal to the Humane Society and says they are from Port Orange, the City is charged $93.50. Councilman Burnette asked if there is anything on the books now and what the procedure is now. Officer Jackson said no, there is nothing on the books now, and all he can do is talk to the citizen who is feeding the feral cats. Councilman Burnette has a problem with the wording of this Ordinance as well. Believes this is a difficult issue. Councilman Pohlmann doesn’t believe the Police are looking to violate an individual who may have a cat wonder on their property and they feed it, but rather where someone is feeding a colony of feral cats and never takes ownership of the cats. Chief Monahan agreed, and explained it’s the colonies of 50-60 and sometimes more feral cats. Councilman Pohlmann supports the need for the Ordinance. Vice Mayor Kennedy believes this is a tough issue and it’s going to stir emotions from a lot of people. He understands there are colonies and these colonies create other problems with natural wildlife, disease, etc. but would agree with Councilman Ford that we can’t tell people they can’t feed a stray cat that has wondered on their property. Vice Mayor Kennedy doesn’t believe the intent of the Ordinance is toward individuals for feeding a stray cat but rather the colonies and he would support the need for the Ordinance.

Public Comment:

Stan Hetrick questioned what makes a cat a feral cat. He was given a copy of the current Ordinance. Mr. Hetrick clarified that the problem is when the feral cats become colonies. He feels the Ordinance should be changed to reflect the “colony” problem rather than any and all individual stray cats. Chief Monahan advised that they are having problems with larger groups not individual cats. Officer Jackson says the smell becomes a problem with as few as 6 cats being feed in a small area.

Michelle James expressed her concern regarding this Ordinance. She feels we do need to get rid of the population by targeting pet shops and those selling cats that aren’t spade or neutered. Ms. James believes the Council should not prevent her and others like her who help get stray cats spade and neutered. The City shouldn’t violate the people who are trying to help the problem.

Ted Noftall expressed his concern with the City “threatening” the citizens and believes the City needs to do a better job with the Ordinances. He has questions regarding the ordinance that has not been answered like, what are the sanctions? He asked how many of the Councilmembers have seen colonies in Port Orange as Officer Jackson described. Mayor Green asked Chief Monahan if he is comfortable with this Ordinance. Chief Monahan is comfortable with the Ordinance and knows something needs to be done. The penalties are in Chapter 10 already, first offense is $53.00, etc. The issue was brought to him by an employee who can’t resolve it in the field. The Police Department and Animal Control Officers need clear direction. The intent of the ordinance is related to major colonies, not individual stray cats and an individual who might feed just one stray cat. Councilman Ford understands the problem and would like to see the Ordinance worded to target nuisance cats and make this a nuisance ordinance rather than a straight ordinance, and that we are not focusing on people who are giving aid to animals. Chief Monahan advised that he is willing to meet with the Attorney to refine the ordinance. Mayor Green agrees that Chief Monahan and Attorney Roberts should get together and refine the issue. Attorney Roberts requested more guidance regarding the Ordinance. Discussion was held regarding same.  The consensus is to perfect the Ordinance as it relates to colonies of feral cats being a nuisance.

 

Motion to Remove Second by Councilman Pohlmann. Motion to Remove Motion to Approve Ordinance No. 2011-1 by Vice Mayor Kennedy.

 

Motion to Send Ordinance No. 2011-1 back to staff for refining made by Councilman Burnette and Seconded by Vice Mayor Kennedy.

 

Motions carried unanimously by voice vote.

 

19.         Resolution No. 11-5 – Establishing Policy and Procedures for the Acceptance and Accounting of Monetary, Material, or Service Donations for Fee Waivers, Scholarships, Park Improvements, and Sponsorships of $5,000 or less, and providing an Effective Date.

 

Motion to Approve Resolution No. 11-5 made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy.

 

Council Comments:

Vice Mayor Kennedy asked if this was regarding the dog park. Susan Lovallo, Parks and Recreation Director answered not specific to the dog park but would include the dog park.

No further comments, Mayor Green called for the vote.

 

Motion carried unanimously by roll call vote.

 

20.         Resolution No. 11-6 – Establishing Scholarship Policy, Procedures, Application, and Scholarship/Volunteering Agreement for City Sponsored Youth Athletic Programs, and Summer Playground Programs and Providing an Effective Date.

 

Motion to Approve Resolution No. 11-6 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Council Comments:

Mayor Green asked where this money will come from. Susan Lovallo advised that the money will come from the Mayor’s Golf Tournament, concessions, and a variety of other fundraisers, and the scholarships will only be awarded if there is profit and money available from those fundraising efforts. Vice Mayor Kennedy would like to see us help those children who can’t pay for the programs without taking money away from those programs that are helping even more children. Councilman Pohlmann supports helping kids. Asked about the summer camp program being included. Susan Lovallo advised that it is included but again, only as funds are available. Councilman Burnette likes that the scholarship requires the parents to volunteer. He believes there are families who don’t have the money but will gladly donate their time. Councilman Ford supports sports for children, supports this program.

There being no public input, Mayor Green called for the vote.

 

Motion carried unanimously by roll call vote.

 

21.         Discussion of joining Babe Ruth Baseball League.

Mr. Parker explained that discussion is needed regarding a final decision as to whether the Council wants to join Babe Ruth Baseball this year or wait until next year. Mr. Parker advised that funding would have to come from our general contingency fund to cover the initial fee to join. Mayor Green asked if we would recover that initial fee. Mr. Parker advised that there’s no way for us to know at this point, it depends on how many children sign up, but we will recover at least part of the fees. There is also an issue regarding the facilities. Discussion was held regarding the fields available and the need for upgrades relating to the age groups. Mayor Green asked which fields will be modified. Mr. Parker said there is space on one of the fields at Spruce Creek Road. More discussion was held regarding the field modifications that would be necessary. Mayor Green and Mr. Parker discussed other properties that might be modified. Councilman Ford thinks we should forgo it this year and plan for a slow steady implementation, and stated we need to do our homework. Councilman Burnette stated that he is very much in favor of this and thinks an advantage to starting now with the younger groups is that we will have kids ready for next year to move up. He believes there will be cost savings with this program by keeping these kids busy, and there will be parents ready to volunteer and raise funds. One problem he sees is the facilities, splitting the kids up all across town will make it difficult for the parents to get their kids to each game. Although he would love to see it get started now, it seems too difficult to do. Other cities have already started their sign ups. Councilman Pohlmann sees no problem with starting it next year so that we can do it right. He advised that some of the other cities have already held tryouts for their competitive teams. He also believes this will give us time to work it into the budget rather than take from the general contingency fund. Vice Mayor Kennedy agrees with the Council. Mayor Green also agrees and would like Staff to look into getting other properties for a complex.

 

22.         Police Benevolent Association (PBA) Annual Leave Accruals in lieu of Martin Luther King, Jr. Holiday Pay Memorandum of Understanding (MOU)

 

Mr. Parker explained to Council why this is on the Agenda for tonight.

Motion to Approve Item #22 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. No Comments. Motion carried unanimously by roll call vote.

 

23.         Police Benevolent Association (PBA) 2009-2012 Collective Bargaining Agreement

 

Motion to Approve Item #23 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.

 

Mr. Parker explained the Agreement and the changes made to same.

 

Council Comments:

Mayor Green thanked John Jakovenko for his efforts in getting an Agreement reached. Councilman Ford also thanked the police for giving back during the tough times. Councilman Burnette believes it’s important that everyone lives in the reality of our economic times and he’s happy we have an agreement. Councilman Pohlmann also thanked John Jakovenko, as well as Rob Zicker, HR Director, and Mr. Parker for their part in negotiating the Contract. Councilman Pohlmann expressed gratitude toward our Police Department and stated that at no time did anyone lose faith in them, they have always been top notch, and hopes there are no hard feelings. Vice Mayor Kennedy agreed and asked when it goes into effect. Mr. Parker advised that the pension article cannot go into effect until after the Second Reading is done. Mr. Parker is requesting a special meeting on January 31, 2011 for the Second Reading. Mayor thanks John Jakovenko again and asked how long he has been negotiating for the Police. John Jakovenko said 12 years and he is done. This was the hardest and most draining. He hopes the next person will have a good relationship with the City.

 

Mayor Green called for the vote.

Motion carried unanimously by roll call vote.

 

 

 

24.         Police Benevolent Association Lieutenants (PBA Lts.) 2009-2012 Collective Bargaining Agreement

 

Mr. Parker explained that Item #24 is very similar to Item #23 with only a few differences, which he explained.

 

Motion to Approve Item #24 made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

25.         State Housing Initiatives Partnership (SHIP) Program

 

Motion to Withdraw from the SHIP Program made by Councilman Ford, and seconded by Vice Mayor Kennedy. Donna Steinebach answered questions from Council and explained the process for withdrawing and option back into the program should we want to in the future. Ms. Steinebach explained the City’s role if we withdraw, for example: we will continue to have annual monitoring on past projects, but nothing new.

 

Council Comments:

Vice Mayor Kennedy believes it makes sense monetarily to withdraw. Councilman Pohlmann is a supporter of the SHIP Program, especially the rehab part. Councilman Ford and Councilman Burnette agree to send it back  to the County and hope that the State will continue to fund the program.

 

Motion carried unanimously by voice vote.

 

Attorney Roberts advised that we may need to bring back an Ordinance regarding our withdrawal. Mr. Parker advised that there are a few people going through the process now. Councilman Pohlmann thanked Nancy Jewel for her service regarding this program over the years.

 

26.         Comments/Concerns from Council Members

 

Vice Mayor Kennedy would like someone to call the county to reset the light at Taylor and Clyde Morris at Spruce Creek High School. When they repaved Clyde Morris, they changed the light and never reset it. Mayor Green says he has a problem with the light at Yorktowne. Mr. Parker will contact the County.

Councilman Pohlmann confirmed the RCC meeting on February 24, 2011 and that we will have a Council consensus before that meeting. Mr. Parker said yes, it is on the Agenda for January 25, 2011.

Councilman Burnette advised that UCF Alumni are giving a scholarship to students at Daytona State College. He would like to see it announced on POG. Students may contact DSC, UCF, or Councilman Burnette. Mr. Parker said yes, it can go out on POG.

Councilman Ford expressed his concern regarding fire station #73 being browned out. Asked if there is any way to avoid that. Mr. Parker advised that a set of emails went out today explaining the renovations and advising that the fire staff is currently working out of EOC until the renovations are complete.

Mr. Parker asked Council what time they want to meet on January 31, 2011 for the Special Meeting. Consensus was 4:30p.m. Mr. Parker advised the Council that every ten years a districting committee is appointed. Letters have gone out for the previous committee to see if they would like to be reappointed but we are not having good feedback. Traditionally, Councilmembers have brought two members each for the committee to have diversity throughout the City. Mr. Parker asked each Councilmember to have prospects by February 22, 2011. Prospects can contact Robin Fenwick, Deputy City Clerk for more information and a Volunteer Application.

 

ADJOURNMENT:    10:23p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager