REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MARCH 22, 2011
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:05 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
SPECIAL PRESENTATIONS, RECOGNITIONS, AND PROCLAMATIONS
4. Josh Wagner, Volusia County Council
Josh Wagner, County Councilman spoke to Council regarding an EVAC issue, which is coming up with the lawsuit and the fact that they voted for a union. He advised that the County is inviting the cities to join the County fire services. Councilman Wagner explained that it would be like mosquito control. He believes consolidated fire makes sense.
Councilman Pohlmann asked what the timeframe is on consolidated fire. Councilman Wagner acknowledged that it is a complex issue that will take some time. He discussed the ECHO program, stating it brought in twice as much money as originally thought. The County decided to allocate 50% to water access which is $20 million. He believes beach parking is going to come to an end because the beach is getting smaller and we need to prepare now for off beach parking.
Councilman Ford feels there are hard feelings with the museum over the ECHO program. The general feeling is that the spirit of ECHO has been compromised. He is also concerned because he had ideas for Port Orange.
Councilman Burnette invited Councilman Wagner to come to more meetings and reminds him of all the waterways not just the beach.
Vice Mayor Kennedy would like to push for trails for our citizens. Councilman Wagner advised that Forever dollars were just used on trails.
Mayor Green invited Councilman Wagner to attend a meeting once a month to update the citizens of Port Orange on County issues.
Councilman Ford asked for help with dispatch. He believes it is too difficult to do by October 1st and would have liked for the County to discuss issues like this with the City Council so that the City Council has more time to prepare. He requests that the County consider giving citizens more say in what happens. He wants it to work if we have to do it.
Councilman Wagner understands that it takes time and that we can't rush it because people’s lives are on the line. He promises they won't do something to jeopardize lives.
Mayor Green wants it to be a smooth transition with no gaps. He wants redundancy to insure that everyone is covered. Mayor Green reminded Councilman Wagner that we have first response here in Port Orange and we want to be heard.
Councilman Burnette has same concerns about the timeframe. RCC implementation took a good year. He believes saving money is good but it must be done right. He doesn't want to miss the boat on something that will be good.
Councilman Pohlmann asked that he not forget about us in Port Orange and thanked him for coming.
Vice Mayor Kennedy applauded the County Council for moving us in the direction of consolidated efforts and a more realistic goal. Councilman Wagner agrees we need a meeting of the minds.
Mr. Parker advised that the Sheriff's office has convened working groups. Port Orange employees have expressed some concerns already to the County.
5. Spruce Creek High School State Championship Teams - Girls Weightlifting and Boys Golf
Mr. Parker advised that the City has ordered signs for both teams in recognition of their accomplishments; however, the signs are not ready. They will be given to both teams as soon as they are ready. The girls weightlifting team coach introduced the girls weightlifting team, and the boy’s golf team coach introduced the boy’s golf team.
6. Report from KemperSports Management regarding Cypress Head Golf Course
The Golf report was given by Mike Collins. The Golf Course is in good shape for February and looks good for March as well. The repairs that have been done have had good feedback. They are advertising through the city, word of mouth, flyers, and schools.
Councilman Ford is happy with the reports.
Councilman Burnette is glad to see the momentum going into the slower months.
Councilman Pohlmann said good job, great.
Vice Mayor Kennedy said the hard work is paying off.
Mayor Green said he received positive comments from the meeting he attended at the golf course.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Ted Noftall expressed concerns regarding unfunded liability. He doesn’t believe the Mayor has no options.
Mayor Green reminded all to understand that we have to address the issue. Attorney Roberts objects that the Council is not getting sound legal advice.
Bob Sharpe spoke regarding the activities happening at the dog park. He gave handouts and invited Council to the April Drool's Day on April 2 from 10-2. He advised Council that the Friends of the Dog Park is now a not for profit organization. The park is very popular and is almost to the point where they have too many dogs at one time. The organization is still planning and wanting to do improvements in the park. Mayor Green reminded citizens that they need to have their papers and dog license when they visit the park.
7. Project Managers’ Report
8. Piggyback of Existing Contract with Miller Pipeline Corp. for Sanitary Sewer System Rehabilitation Work
9. Approval to Piggyback County of Volusia and City of South Daytona contracts for Electrical Services
10. Piggyback of Tampa Bay Water Contract #2011-012 for As-Needed Production Well Construction, Repair, and Rehabilitation Services awarded to Diversified Drilling Corporation
11. Liquid Chemical System Safety Improvements for Peninsula and Oceans Potable Water Pumping Stations
12. Award of Bid No. B11-09 Garnsey Water Treatment Plant Backwash Recovery Pumps and Filter Backwash Piping
13. 2010 Flu Program Revenue and Expenditures
Motion to Approve Consent Agenda items #7-13 made by Councilman Burnette and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Mr. Parker thanked Russ Rafferty for his services with the City. This is his last meeting as an employee. Mayor and Councilmen all said thank you.
14. Special Exception for a Game/Recreation Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49 (Tabled 3/15/11)
Mr. Parker advised that Item 14 is to remain on the table.
FINANCE (John Shelley)
15. Resolution No. 11-12 - Budget Appropriation
RESOLUTION NO. 11-12
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPTIAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Resolution #11-12. There were no public comments.
Motion to Approve Resolution No. 11-12 made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
16. Monthly Financial Report
Mr. Parker explained softness in FPL and interest earnings. We are doing a budget revenue; those two funds are about $350,000 short. We want to get on top of this now and not wait it out. We have always been of the practice that when we see a trend happening, we address it right away.
John Shelley advised that state revenues are out a bit and there is a meeting with representatives from FPL on Monday to review what they see for the next few years to better judge where we are going.
Vice Mayor Kennedy is disappointed with the FPL fund.
Mr. Shelley advised that he has asked other cities what they are seeing and they are having the same issues.
Mr. Parker advised that FPL is following the 2008 trend line rather than the 2009 and 10 lines.
Mayor Green believes this shows how many people are conserving energy to save money.
Councilman Pohlmann asked if this is FPL finding a way to send us less or is it conservation. Mr. Shelley believes it is conservation and not FPL finding a way to send us less.
Councilman Burnette agrees with Mayor Green and Mr. Shelley that people are conserving and also taking advantage of tax credits for energy efficient appliances.
Councilman Ford asked about the population data. Mr. Parker said the census data has been released and the City of Port Orange has just over 56,000 residents, which is what we expected. He also advised that approximately 89% of the homes are occupied and 11% vacant.
Mayor Green asked for an update on foreclosures in the City. Mr. Parker said staff will gather the information and provide it to Council.
Councilman Ford sees some signs of recovery in some parts of Volusia County while others are still declining. He believes Port Orange is doing better than some of the others. Mr. Parker will map the foreclosures and bring it back to Council.
17. Citizen Survey Report – March 2011
John Shelley, Finance Director, introduced Bob Newell, Risk Manager. Mr. Newell discussed the results of the citizen survey.
Councilman Ford requested a survey in the future that would go out to citizens after they have been serviced by the City.
Councilman Burnette is pleased with the results. He told Mr. Newel good job and thank you.
Councilman Pohlmann believes it is a valid process.
Vice Mayor Kennedy said very good job, he is surprised to see that even with some of the cuts, the trends are fairly positive, He said it is good to see negative comments as well, so we can make improvements. He thanked Mr. Newell
Mayor Green also thanked Mr. Newell.
COMMUNITY DEVELOPMENT (Wayne Clark)
18. Second 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.
Mayor Green read Ordinance 2011-5. There were no public comments.
Motion to approve Ordinance 2011-5 on Second Reading made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.
19. First Reading – Ordinance No. 2011-7 – 5th Amendment to the Port Orange Gateway Center PCD Amended and Restated Master Development Agreement Case No. 11-40000001
ORDINANCE NO 2011-7
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE FIFTH AMENDMENT TO THE PORT ORANGE GATEWAY CENTER PCD AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Ordinance 2011-7. There were no public comments.
Motion to Approve Ordinance 2011-7 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.
Gwen Perney, Principal Planner, explained the need for the ordinance, staff recommends approval.
Councilman Burnette stated that there are three restaurants in there already and asked if there is sufficient parking.
Ms. Perney advised that there are more parking spaces than required by code because of the area by the motel and Target.
Councilman Pohlmann asked what restaurant wants to go in.
Attorney Jim Morris, representing the applicant advised Council that the applicant is planning to open his own restaurant, which will be Bombay Grille (same as South Daytona restaurant)
Vice Mayor Kennedy is glad to see Bombay Grille coming to Port Orange.
Motion carried unanimously by roll call vote.
20. Cost Participation Request for Public Improvements constructed along Town West Blvd and McGinnis Ave. by D.R. Horton, Inc.
Motion to approve item #20 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.
Mr. Parker explained the need for the item.
There being no further comments, vote was taken by roll call and the Motion carried unanimously.
PUBLIC WORKS (Warren Pike)
21. Extend Landscape Maintenance Contract for One Month
Mr. Parker explained that the extension is need because of bid protests.
Motion to approve made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann.
Councilman Pohlmann asked if a hearing was done on the bid protest yet and Mr. Parker said yes.
Motion carried unanimously by voice vote.
PUBLIC SAFETY (Gerald Monahan & Tom Weber)
22. Bike Week Report
Chief Monahan introduced Sgt. Besuden, who presented the report of good news: there were not a lot of complaints and not a lot of arrests. There were serious crashes that took up their time. They monitored the Ridgewood corridor as always.
Councilman Ford was surprised by the level of enforcement, not used to it.
Councilman Burnette asked if there was more or less overtime. Chief Monahan said they try to keep it level but it changed with the Outlaws being in town. Councilman Burnette asked if they were still in town. Chief said no, they left on Sunday when Bike Week was over.
Mr. Parker advised that he received a report today (Tuesday, March 22, 2011) of a man sitting in a lawn chair at that same area.
Councilman Ford would like to see a contingency plan for this fall in case they come back.
Mr. Parker spoke regarding enforcement activities. He advised that Staff needs to use the fire marshal more than the code enforcement officers and building official as the fire marshal has more options available regarding enforcement.
Councilman Ford advised that neighbors said there was not enough police in that area during those times.
Mayor Green said we have got to make sure we address the issues.
Councilman Ford believes we need to strike immediately, before the numbers get out of hand.
Vice Mayor Kennedy asked if there was one fatality. Chief said yes, on Thursday, a pedestrian crossing US 1.
Mayor Green said Biketoberfest is coming, let's be prepared.
23. Comments/Concerns from Council Members
Vice Mayor Kennedy advised that he received many phone calls from citizens regarding Allied Veterans. He was surprised by the number of calls.
Mayor Green reminded Council that they must limit what they vote on. It must be what's in front of them not the emotional side of it.
Councilman Pohlmann asked if the reduction discussed during the monthly finance report of $350,000 is relating to the current budget year. Mr. Parker said yes. Councilman Pohlmann advised that it is important for our children to learn to swim. There are swimming lessons being provided at the YMCA. Mr. Parker advised that they have scholarships at the YMCA.
Councilman Burnette asked would like a briefing on the public safety division. He also pointed out that the investment managers should be taking some of the blame on the investment failure, not just the actuaries. He said Woodlake subdivision looks awful.
Councilman Ford would like to see a joint meeting of the council and the retirement boards. He asked Council if they want to hire an actuary to represent the council. Mr. Parker advised that Staff will be bringing that to Council soon. Staff is working on the fee, but Mr. Parker believes it would be a good idea. Councilman Ford gave a committee report on traffic planning. He said he is not supporting a train without more details. They are working on a new corridor plan.
Mayor Green believes they have got to reduce costs and they need to address the issues (money). They cannot sustain the way they are going.
Attorney Roberts advised Council that there is a rise in litigation. Currently, Summit Golf Property has filed a Notice of Claim, but a suit has not been filed yet. More details will come as it progresses.
Mr. Parker provided updates, including: April 2nd opening day for baseball and softball 8am; Drool in the Park 10am; upcoming Council meetings: April 5th at 5:30 there will be a union negotiation shade meeting; 6:15 workshop for purchasing process; Apr 19th at 5:30 Town Center CRA working session for changes in the zoning and plans; and Apr 26th at 5:30 initial revenue workshop. The CRA ads will say June 2011.
Mayor Allen Green
Kenneth W. Parker, City Manager