REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
FEBRUARY 22, 2011
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
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
Motion by Mayor Green to Amend the Agenda to Add Item 4a-Golf Course Advisory Board update. Second by Councilman Pohlmann. All in favor by voice vote.
City Council recessed at 7:02p.m. to hold the Town Center CRA meeting, Minutes of which are under separate cover.
City Council reconvened at 7:43p.m.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Boy Scout observing was called on by Mayor Green to introduce himself, which he did. Jerry Trent, Troop 455, is working on the merit badge, Citizenship in the Community.
SPECIAL AWARDS AND PROCLAMATIONS
4. Donation for a Gun Buyback Program
Mr. Parker explained the donation and advised council that we are not limited to a gun buyback program. Mr. Parker advised that it can be used for a gun safety program as well.
Motion to Approve the donation for the gun buyback program made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.
Councilman Ford would rather see a gun safety program for our community. He does like the idea of a gun buyback program.
Mayor Green asked if Councilman Ford would be willing to split the money between a buyback program and a gun safety program.
Councilman Ford said no, he is not into a buyback program at this time.
Mayor Green asked Chief Monahan for his opinion.
Chief Monahan has done buyback programs years ago and it can easily be done on a Saturday afternoon. There is not a lot of history as to what our community would bring forward. Personally he is not opposed to the program.
Mayor Green would like to give at least $1,000.
Councilman Ford said he was contacted by lots of citizens who felt like it was a slap in the face to legal gun owners. It is their 2nd amendment right and we should teach gun safety to children.
Mayor Green feels we should address both issues: get guns off the streets and safety.
Vice Mayor Kennedy agrees with Councilman Ford.
Councilman Pohlmann supports splitting the money 50/50.
Councilman Burnette has concerns. He’s not sure the guns we want to come off the streets would be the guns that actually come off the streets. He would like to see something where we can accept guns all the time. Fire arms safety should not be limited to youth. It should be open to all. He asked if $5,000 was enough. He has a lot of questions relating to costs, would it be limited to Port Orange residents only. He sees based on his research, that there is very little dent in crime versus the costs.
Councilman Ford feels education is the important part.
Amended Motion to accept the donation to be used for an education program made by Councilman Pohlmann. Seconded by Vice Mayor Kennedy. Motion carried by 4-1 roll call vote with Councilman Burnette voting no.
4a. Golf Course Advisory Report
Mike Collins reported on revenue and costs of the Cypress Head Golf Course. The revenues are up for this quarter.
BOARD APPOINTMENTS AND INTERVIEWS
5. Board Appointments and Interviews
a. Code Enforcement Board (1 appointment to expire April 5, 2011, 2 re-appointments to expire April 5, 2014)
Motion by Councilman Pohlmann to reappoint Mike Mellon and Luther Davidson, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
Sean Maroney submitted his application for the Code Enforcement Board position that has become vacant. Mr. Maroney introduced himself to Council.
Motion by Councilman Pohlmann to appoint Sean Maroney to the Code Enforcement Board, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
b. Library Advisory Board (1 appointment to expire July 18, 2014)
Motion by Vice Mayor Kennedy to appoint Bill McLain to the Library Board, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
c. Districting Committee (10 appointments to expire March, 2021)
Mr. Parker suggested that Council appoint ten (10) members to the Districting Committee with the two (2) others being appointed as alternates.
Councilman Ford made a motion to nominate Sonya Laney and Lynne Bramerel to the districting committee from District 1, and seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
Councilman Burnette made a motion to nominate Mary Martin and Jim Wetherell to the districting committee from District 2, and seconded by Councilman Ford. Motion carried unanimously by voice vote.
Councilman Pohlmann made a motion to nominate Stan Hetrick and Jim Meadows to the districting committee from District 3, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Vice Mayor Kennedy made a motion to nominate John Junco and Steve Johnston to the districting committee from District 4, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
Councilman Pohlmann made a motion to nominate John Bogdanoff to the districting committee, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Councilman Burnette made a motion to nominate Dexter Copp to the districting committee, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
Motion made by Councilman Burnette to approve two alternates: Gordon Stafford (1st alternate) and Patrick Yeager (2nd alternate) to the districting committee, Seconded by Councilman Ford. Motion carried unanimously by voice vote.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Bruce Russotto & Reggie Lord of Rolling Thunder, Chapter 8 requested that the City Council allow the City Staff to put POW flags up in areas of Port Orange, and would like a $100 donation to purchase the flags. Mr. Parker advised Council and Mr. Russotto and Mr. Lord that the City can buy the flags and will put them up on all of our buildings with flagpoles. Council was in agreement with the City buying the flags and flying them at City buildings.
Ted Noftall asked Mr. Parker if he is a member of City Manager’s Association. Mr. Parker advised that he is a member of the International City Manager’s Association and Florida City Manager’s Association. Mr. Noftall asked if the Florida association is pro-democrat. Mr. Parker advised that they are both non-partisan.
6. Project Managers’ Report
7. Authorization to Issue a Request for Proposals (RFP) for a Redevelopment Project in the Riverwalk Area
8. Revalidation of Sole Source Vendor for purchase of Backwash Recovery Pumps at the Garnsey Water Treatment Plant
9. Daytona Frogman Triathlon
Consent item #7 pulled by Mayor Green. Consent item #8 pulled by Councilman Pohlmann. Consent item #9 pulled by Vice Mayor Kennedy.
Motion made by Councilman Burnette to approve Consent Agenda item #6, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Item #7 withdrawn by Staff pursuant to the discussion and decision during the Town Center CRA Special Meeting held on February 22, 2011, minutes of which are under separate cover.
Item #8: Councilman Pohlmann asked if the pumps are American made. Michael Ulrich, Assistant Public Utilities Director, was not sure and will find out.
Motion made by Councilman Pohlmann to table item #8 until Staff has confirmed the place of manufacturing of the pumps, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Item #9: Rob Wallace explained the triathlon history and the path. Councilman Ford said he is in favor of the event and will be there to cheer them on. Councilman Burnette asked how many spectators they are expecting. Mr. Wallace said they are expecting a better turn this year, which was approximately 100 participants and 500 spectators.
Vice Mayor Kennedy asked Chief Monahan how it worked out last year. Were there any issues? Will the costs all be covered? Chief Monahan has worked with the Company last year and again this year, all permits have been obtained. The Company does a great job and they work very well with us. They cover 100% of the costs.
Motion made by Vice Mayor Kennedy to approve item #9, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
REPORT FROM ADVISORY BOARD
10. Citizen Advisory Committee for TPO
Bobby Ball gave the report for TPO. A few items have been discussed including having the 2035 Long Range plan approved and the Williamson Blvd issue. Mayor Green suggested that Councilman Ford and Mr. Ball meet to bring him up to speed. Mr. Parker asked if that would violate any Sunshine Laws. Attorney Roberts will look into it.
FINANCE (John Shelley)
11. Resolution No. 11-10 - Energy Charges
RESOLUTION NO. 11-10
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.
Motion made by Vice Mayor Kennedy to approve Resolution No. 11-10, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
12. Monthly Financial Report
John Shelley provided the monthly financial report. Mr. Shelley stated that the City is within budget in all accounts. He didn't have the YMCA year end reports but they should be coming soon.
Councilman Pohlmann asked if the YMCA has a special maintenance fund. Mr. Shelley said yes, the rental fee includes maintenance and the City sets aside money from the rental fee to cover maintenance costs.
Councilman Pohlmann asked who is responsible at the YMCA for maintenance. Mr. Shelley answered Bev Johnson is the Director. Mr. Parker believes they have a facilities maintenance person.
Mayor Green advised that the City is implementing a person to handle inspections.
Councilman Burnette would like to see the Golf Report linked to the Golf Agenda item.
Councilman Ford asked if Mr. Shelley sees any problems emerging. Mr. Shelley doesn’t see any problems, but will keep tracking things. As of now, there are no warning signs, nothing unusual.
COMMUNITY DEVELOPMENT (Wayne Clark)
13. Second Reading – Ordinance No. 2011-6 - Notification of Proposed Change (NOPC) to the Development Order for the Pavilion at Port Orange Development of Regional Impact (DRI) – Amendment #1 Case No. 10-17000001
ORDINANCE NO. 2011-6
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE PAVILION AT PORT ORANGE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER; EXTENDING THE BUILD OUT DATE FOR PHASE I AND PHASE II; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2011-6 on second reading made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote.
14. First Reading – Ordinance No. 2011-5 - LDC Amendment/Building Code References
ORDINANCE NO. 2011-5
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF PORT ORANGE RELATING TO CHAPTER 7, BUILDING PLANS AND PERMITS APPROVAL, CHAPTER 8, BUILDING AND FIRE CODES AND CHAPTER 19, VARIANCES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2011-5 made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
15. Resolution No. 11-11 - Revised Interlocal Agreement with Volusia County for
Contractor registration, licensing, and disciplinary actions.
RESOLUTION NO. 11-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ORANGE AND THE COUNTY OF VOLUSIA; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE INTERLOCAL AGREEMENT ON BEHALF OF THE CITY OF PORT ORANGE; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve Resolution No. 11-11 made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
16. Request to Refund a Portion of the Building Permit Fees for Bealls Outlet Interior Build-Out Permit #10-3637
Paul Holub addressed Council regarding his request for a refund.
Mayor Green explained to Council how the fees are determined in other cities based on his own experiences.
Vice Mayor Kennedy believes it makes sense that there are some adjustments that need to be made. Based on Mayor Green’s explanation and experiences, he agrees with a refund.
Councilman Pohlmann believes it needs to be fair and a refund is in order.
Councilman Burnette agrees with the refund and thinks we should find a simpler way to figure it out while still being fair. He would like to see it fixed.
Mayor Green advised that the discretion needs to be with the building official.
Mr. Parker believes that the Daytona Beach or the Ormond Beach approach should be used, and either/or type situation.
Councilman Burnette wants to be seen as a “developer-friendly” city.
Councilman Ford agrees.
Motion made by Councilman Pohlmann to approve the refund and seconded by Councilman Ford. Motion carried unanimously by roll call vote.
Kerry Leuzinger advised Council that the permit fees were applied correctly as the resolution as adopted by Council is currently stated.
Mr. Holub agrees that Mr. Leuzinger did apply the fees correctly.
Mr. Parker confirmed with Council that they want a resolution to modify the process. Councilman Ford would like to use the Daytona Beach process. The consensus is yes.
17. Request to Waive or Reduce the Application Fee for the Review of a Development of Regional Impact (DRI) 5501 Williamson Blvd. Case No. 10-17000001
Tim Burman, Principal Planner, explained the request and advised Council that the recommendation from Staff is to recover staff time.
Motion made by Councilman for Staff to develop a policy to recover staff time and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
ADMINISTRATION (Ken Parker)
18. Change Order for SHIP Funded Residential Rehab Project at 308 Grant Street/Traficante
Donna Steinebach, Assistant to the City Manager, explained that this is one of the last SHIP projects; even with the change order, the project will be under the originally approved amount.
Motion made by Vice Mayor Kennedy to approve the change order, and seconded by Councilman Pohlmann.
Homeowner, Su Traficante, addressed council regarding the fiasco involved. She stated that there were mistakes from day one. The kitchen is torn out and the family is displaced. She would encourage the Council to pass the change order.
Motion carried unanimously by roll call vote.
19. Discussion of options for 113 Eddy Lane
Mr. Parker explained the request. The Homeowner wants to construct a garage but their property is would then be a non-conforming property and the City cannot approve it without Council. Mr. Parker gave three (3) options for Council to consider and recommends option #3, which will handle 113 and 112 Eddy.
Motion made by Councilman Ford to approve Option #3 as presented, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
20. Administrative Code Change for Fire Department
Mr. Parker explained that the packet materials are based on previous Council discussions. He also explained the changes proposed and an organizational chart was presented.
Mayor Green asked how this affects negotiations. Attorney Roberts and Mr. Parker both advised that it does not affect negotiations. This is boots on the ground.
Councilman Ford asked if 22 paramedics are enough. He wants to be reassured that this will not lead to overtime payments.
Mr. Parker reminded Council that Russ Raferty’s testimony was that he wanted to keep all of the paramedics.
Councilman Ford asked how the upcoming retirements will impact this structure change. Mr. Parker advised that it would positively impact it because there is a lieutenant retiring at the end of March.
Mayor Green asked the cost differential between a firefighter and paramedic.
Mr. Parker recalled that it was about $6000-8000, depending upon where they are on the pay scale. Chief Weber said it is more like $5,000-6,000.
Councilman Burnette likes that we can promote from within, and that we encourage extra certifications but from a business standpoint, we have to make cuts. He likes that we are making cuts like this rather than cutting people. He believes we need to watch it closely to see if overtime expenses go up.
Attorney Roberts clarified for Council that this is not an incentive pay change, but a change in positions.
Councilman Pohlmann believes we have adequate staffing to meet every day needs and supports the re-organizational chart.
Vice Mayor Kennedy also support the change.
Motion made by Councilman Ford to allow the 26 paramedics to remain as paramedics and as each paramedic retires, that position will be replaces with a firefighter, and Seconded by Councilman Burnette.
Vice Mayor Kennedy believes it is difficult to say ok when we have cut everywhere else in the City. He asked what our timeframe is for retirements. Chief Weber advised that his retirement and Russ Rafferty’s retirement will more than cover the $24,000 and he believes they will be down to the 22 paramedics within two years.
Councilman Pohlmann stated that he thought we already discussed this and there was an agreement with Chief Weber and EMS Chief but he will go with the motion.
Councilman Burnette said it’s hard to take away the incentive pay when we encouraged them to get the extra certifications.
No public comments. Mr. Parker confirmed that if the motion passes, he will redo the organizational chart to add the paramedic spots.
Motion carried unanimously by roll call vote.
21. Discussion on Public Safety Department
Mr. Parker explained the proposed public safety department organizational chart as previously discussed by Council. This will eliminate a chief. The potential savings are at the department head level. Mr. Parker explained that all command levels are in DROP; however, the Fire Marshal is not. We have opportunities now and depending on what happens in Tallahassee, we may have more options when these people retire. The organizational chart presented is a general outline of what it would look like with a Public Safety Department.
Council Ford supports it because of budget issues. He believes it will be a hard job for the public safety director. We can always go back if this doesn't work. He feels it is a wise thing to do in our economic times.
Mayor Green asked when this would happen. Mr. Parker advised that it would all come together over the summer when we are going over next year’s budget. The pay scale will be determined by other public safety positions. It would be comparable to other police chief positions.
Councilman Burnette likes that it is an administrative cut. He agrees with the change but we need to get the right person in the position. He thinks we have the right people to make this work now.
Councilman Pohlmann agrees that now is the time because of budgets. He asked if we should wait because of the changes with RCC and the County.
Mr. Parker explained that the County voted last week to move dispatch into the general fund and has offered the City's to participate. There is discussion for an advisory committee to the RCC to work with the sheriff. Currently, the City spends approx. $898,000 on police department. The City has lots of questions for the county before it is brought to the City Council. There is a meeting tomorrow (February 23, 2011) with the county manager relating to this issue. The savings could be as much as $98,000 or something less. Mr. Parker thinks it would be a quick turnaround time because budgets are due in April. The RCC budget is due the 1st of May. We know there will be savings just don't know what it will be.
Mayor Green asked about the new facility and thinks it seems like it would take two (2) years or more.
Councilman Ford agrees with Mayor Green. He did this for years and believes they are being optimistic if they think this will happen this year. Councilman Ford asked if there was any decision on bringing fire services together. Mr. Parker advised that they have voted to bring them in.
Councilman Ford believes they should have regional stations.
Mr. Parker said there is a meeting being set within the next months with cities to see how county is proposing to bring fire services together.
Mayor Green says we need to remember level of service. Our level is not the same in the county.
Councilman Ford doesn't believe there will be a reduction in costs.
Mayor Green also likes being independent but it needs to be affordable.
Vice Mayor Kennedy believes we won’t have this opportunity again without displacing someone and we can always go back if it doesn’t work out.
22. Comments/Concerns from Council Members
Attorney Roberts requested a shade meeting for the Innoprise case, at 5:30pm on 3/1/11.
Mr. Parker advised Council that the agenda is short for next week. He needs a shade meeting at 6pm regarding union negotiations. The Regular meeting will include the debt workshop. A special CRA meeting can be scheduled within the March 15th meeting or a special meeting on the 8th. Councilman Burnette is not available on the 8th so it was set for March 15th. Consensus is to hold the CRA mtg on 3/15 @ 5:30 with the mandate workshop being held in the regular meeting.
Mr. Parker advised that last night (February 21, 2011) was the first neighborhood meeting, Wed is the 2nd and Thurs is the 3rd. A note will be coming on water conservation.
Mayor Green asked who our representative is on Echo. Mr. Parker advised that he will have to check.
Mayor would like the person to give us a report. He doesn't think we are being represented fairly.
Mayor Allen Green
Kenneth W. Parker, City Manager