REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
APRIL 19, 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
SPECIAL REPORTS, RECOGNITION, AND PROCLAMATIONS
4. Helen Cauthen, President & CEO, Team Volusia Economic Development Corporation
Helen Cauthen spoke and thanked the Council for their support. Team Volusia’s vision is best of class in Southeast Volusia. They have 51 investors as of the March 23rd meeting, with 40 from the private sector and 11 from the public section. Their goal is to have 51% private sector investors. Another priority is putting together a website and database. She acknowledged that economic development is a long term process and again thanked the City of Port Orange for supporting Team Volusia and she looks forward to working with the City in the future. Vice Mayor Kennedy welcomed Ms. Cauthen, as did Councilman Pohlmann, saying he appreciates what she is doing and agrees it's a long term process. Councilman Burnette is glad to have her and asked what her strategy is for putting Volusia County on the map. Ms. Cauthen said #1 is getting the website updated; #2) she wants to spread the word as to the key messages that the County wants out there; what makes Volusia County different and special; and #3 industry clusters. She explained how she helped develop industry clusters to grow the area in North Carolina where she previously worked. Councilman Burnette asked if there is a list of shovel ready sites. Ms. Cauthen said not that Team Volusia has done but there are lists out there. Councilman Ford is interested in some feedback as to what the City can do to make businesses more interested in Port Orange. Mayor Green advised Ms. Cauthen that the City is a team player. He suggested that Team Volusia tell the City what they need. He wants to develop and nurture current businesses, and appreciate what Ms. Cauthen and Team Volusia do.
5. Audit Report
Alex Kish gave an overview of the layout of the report. He reminded Council that he met with each of the members and explained the report in detail with each individually. Mr. Kish discussed the end of year numbers as they compared to FY 2009. He advised that the City of Port Orange has done well even with the values going down for three consecutive years. Mr. Kish explained the supplemental reports and advised that there were no issues with regard to grants. He advised that there are recommendations given at end of the report. In closing, Mr. Kish said it was a wonderful year considering the economy. The City has been able to cut the spending while the revenues have gone down.
Vice Mayor Kennedy asked if the Audit Report is it on the website. Mr. Kish and Mr. Parker both said yes. Vice Mayor Kennedy asked how the City’s pension issues relate to other areas. Mr. Kish said it’s hard to compare unless he can see the demographics, but he believes they are general the same throughout the county.
Councilman Pohlmann asked if Mr. Kish has any new information on the discrepancy. Mr. Kish explained the rollover from one bank to another and how it was difficult to evaluate the amounts that were rolled over. Mr. Kish advised that the banks were able to provide information to satisfactorily answer the questions raised regarding the discrepancy.
Mr. Parker asked Mr. Kish to discuss the trustee’s position vs. the City's. Mr. Kish explained that the pension board is a separate entity from the City but it is the City's responsibility to fund the pension fund.
Councilman Burnette appreciates the diligence of Mr. Kish and is disappointed that the discrepancy wasn't found by the trustee board, but that the City had to find the answers. He asked if there is anything else the City can do to make things better. Mr. Kish explained that there were a few minor recommendations but nothing major.
Councilman Ford appreciated meeting with Mr. Kish and has two concerns. 1) Councilman Ford asked if Mr. Kish had any computer program suggestions. Mr. Kish said no, HTE is difficult to learn to use but it’s a good program. 2) Councilman Ford asked how we can simplify the codes relating to our finances. Mr. Kish said there's nothing to do because we have to follow the government guidelines.
Mayor Green asked if there is a recommendation for an updated accounting program. Mr. Parker advised that he has talked to people involved in changing our accounting systems and it could cost between $2-3 million.
Ted Noftall asked questions regarding the City's use of spreadsheets. Mr. Kish advised that in 2008 the City was using spreadsheets and there was a recommendation to discontinue using spreadsheets. Yes, the City has stopped using spreadsheets and the issue was resolved. Mr. Noftall asked if Mr. Kish thinks the City should use an audit committee. Mr. Kish said probably not because of the Sunshine Laws. Mr. Noftall had a few other questions that Mr. Kish answered.
Mayor Green appreciates the information from Mr. Kish and thanked him.
EASTPORT CRA MEETING
The City Council meeting was recessed at 8:05 p.m. to hold an Eastport CRA meeting, which minutes are under separate cover.
The City Council reconvened at 8:19 p.m.
CITIZEN PARTICIPATION (Agenda)
6. US Tennis Association – Molly Zimmer
Doug Booth and Molly Zimmer addressed Council regarding the 10 and under age group. US Tennis Association is going to spend $8 million to help bring the changes he described to Port Orange. They are requesting to convert and add the blended lines to parks in Port Orange. Mr. Booth showed the different sized racquets and new tennis balls designed for children. The parks they would like to convert are the All Children's Park and the Airport Road courts. The USTA will pay for it 100%; and request that the City allow them to convert two courts to 8 and under, They will also fund that project.
Mayor Green asked for lines for older folks. Mr. Booth explained that the lines are for older folks and they have seen great success in older communities with the blended lines.
Councilman Ford is in favor of the request.
Councilman Burnette also supports the idea. He is glad to see that generations can play together.
Councilman Pohlmann also agrees and supports the project.
Vice Mayor Kennedy and Mayor Green support the project.
Mayor Green advised Mr. Booth that Council supports the project.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
7. Youth Advisory Board appointment
Ally Marcy introduced herself. She is an 8th grader at Silver Sands Middle School and wants to be more involved in her community.
Motion by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.
8. Approval of Minutes
a) April 5, 2011 – Special City Council Meeting (Purchasing)
b) April 5, 2011 – Regular City Council Meeting
9. Staff Reports - Building Activity Report and Monthly Development Activity Report for February and March, 2011.
10. Annual Paving Program FY2011 – Approval to piggyback City of Deltona’s Contract with Halifax Paving.
11. Rolling Thunder, Inc. Chapter 8 has requested permission to hold a POW/MIA Flag Raising Ceremony on June 14, 2011 “Flag Day” at Veterans Park from 5:30 p.m. to 7:00 p.m. and to have the City of Port Orange Co-sponsor/Waive the fees for this event.
12. Authorization to proceed with award of a “Piggy Back” contract for the construction of the Williamson Blvd. traffic signal at Hockney Court/McGinnis Avenue
13. Administrative Code Change Creating a Public Safety Department
Councilman Pohlmann pulled Item #13.
Motion to Approve Consent Agenda Items #8-12 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Item #13: Councilman Pohlmann asked if they should hold off on this item.
Mr. Parker explained that it can be changed at any time.
Mayor Green is concerned about where the City will be in five (5) years and he would still like to know about the transition with the County. Mr. Parker explained that he had that conversation with the county yesterday. First question for the Council was: does the county want to merger, and there was no answer. There are also operational and revenue questions that still need to be answers.
Mayor Green asked if Port Orange will have to pick up more calls if New Smyrna Beach makes cuts. Mr. Parker said yes and they have asked Port Orange to enter into an agreement for same.
Councilman Ford would like to be included in the process. He doesn’t believe this is the time to be dispensing, need to bring the liability down before we transfer; wants to avoid double taxation; but has no problem with council studying the option.
Mayor Green's concern is to stop the bleeding on the unfunded liability before we put money into it.
Councilman Ford agrees. He asked Mr. Parker what the pay rate is for the administrative change (pay grade 585). Mr. Parker said it is the same as they are paid now, there is no pay increase. Councilman Ford believes the public safety director and other high management persons need to be Port Orange citizens. Mr. Parker said Council has in the past, only required the City Manager to be a Port Orange resident.
Councilman Burnette believes Council should put a time requirement on the residency. He asked Mr. Parker if the governance model was discussed. Mr. Parker replied, yes, but not to the extent that Port Orange uses the RCC governance model. Mr. Parker advised Council that the County Council is doing a workshop with the municipalities on May 19, 2011.
Councilman Pohlmann asked if they should hold off on this change or if they should do it before the new budgets. Mr. Parker said they can do it either way but they would have to appoint a fire chief if they don’t go with the administrative code change.
Vice Mayor Kennedy supports this change now, but concerned about the senior level management who will be leaving within a few years. He believes Staff needs to start growing their own replacements for these positions. Mr. Parker advised Council that there are several officers and firefighters who are interested in going to national trainings, and he agrees with Vice Mayor Kennedy.
Motion made to approve the administrative code change by Councilman Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
Councilman Ford asked if it can be stated that the position does not go into either the 175 or 185 plans. Mr. Parker said yes, Staff is working on that.
14. Special Exception for a Game/Recreational Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49 (Tabled from March 15, 2011)
Item remained tabled.
REPORT FROM ADVISORY BOARD
Bobby Ball gave a report for TPO. He advised Council that the City’s main corridors are on the list for TPO and they are currently going through the process.
FINANCE (John Shelley)
16. Resolution No. 11-18 - Budget Appropriations
RESOLUTION NO. 11-18
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Resolution 11-18.
Motion to Approve Resolution 11-18 made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
17. Resolution No. 11-19 – Proposed Building Permit and Related Fees Resolution Amendment
RESOLUTION NO. 11-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING REVISED BUILDING PERMIT AND BUILDING PERMIT RELATED FEES; ESTABLISHING MINIMUM AND MAXIMUM FEES; ESTABLISHING PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS; ESTABLISHING FEES FOR ELECTRICAL WORK; ESTABLISHING FEES FOR GAS WORK; ESTABLISHING FEES FOR MECHANICAL WORK; ESTABLISHING FEES FOR PLUMBING WORK; MISCELLANEOUS PERMITS AND SERVICES; ESTABLISHING EARLY START FEES FOR WORK UNDERTAKEN PRIOR TO ISSUANCE OF A BUILDING PERMIT; ESTABLISHING APPLICATION FEES; ESTABLISHING TEMPORARY USE PERMIT FEES; ESTABLISHING PLAN RESUBMITTAL REVIEW FEES; ESTABLISHING PLAN REVIEW FEES; ESTABLISHING PLAN MODIFICATION FEES; ESTABLISHING MASTER FILE-RELATED FEES; ESTABLISHING FEES FOR NON-ROUTINE INSPECTIONS; ESTABLISHING FEES FOR CLOSEOUT OF EXPIRED PERMITS; ESTABLISHING PERMIT RENEWAL FEES; ESTABLISHING PERMIT REPLACEMENT FEES; ESTABLISHING PERMIT FEE REFUND SCHEDULE; ESTABLISHING FEES FOR FIRE DEPARTMENT; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Mayor Green read Resolution No. 11-19.
Motion to Approve Resolution No. 11-19 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.
Kerry Leuzinger, Building Official, advised Council of the key changes, some of which are due to the audit from last summer. Several formulas have been changed to make it easier to calculate. Other items were changed for format reasons, just cleaned things up. There is no less revenue because of the changes. The changes have been sent to VCard but there has been no response yet.
Mayor Green asked Mr. Leuzinger to explain what the City can tell a customer about a contractor. Mr. Leuzinger explained that the City can tell a customer if a contractor is properly licensed and if they have the proper insurance. The City can also direct citizens if they have had trouble with a licensed contractor, however, there is not much the City can do if a citizen hires an unlicensed contractor.
Vice Mayor Kennedy supports the changes since it simplifies things.
Councilman Pohlmann asked how the City’s fees are with other areas. Mr. Leuzinger said the City’s fees are a little higher but they are in line with expenditures.
Mayor Green asked for public comments. There were none.
Motion carried unanimously by roll call vote.
18. Proposed License Agreement – Lot 35, Bentwood Subdivision, Phase III, 686 Breckenridge Drive; Case no. 11-97500001
Motion to approve the License Agreement made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.
Mayor Green asked for public comment. There was none.
Motion carried unanimously by voice vote.
PUBLIC WORKS (Warren Pike)
19. Award Landscape Maintenance Contract Bid #11-11
Motion to approve Staff’s recommendation to award sections 1-3 of the landscape maintenance contract to Tuff Turf as the lowest responsive bidder made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.
Geoffrey Smith, attorney representing Glencoe Lawns in the appeal of the bid protest for the landscaping contract addressed Council by presenting Glencoe's appeal case that the irregularities are minor and Glencoe should be awarded the contract as the low bidder.
Councilman Ford advised that he would like to go with the low price if it is a minor irregularity and he would like to do more mowings with the savings.
Councilman Burnette requested information from Staff.
Mr. Parker explained bid protest process and the time to file a protest. Mr. Parker asked Lynette Luff, Assistant City Attorney if she has reviewed the bid documents. Ms. Luff said yes, there were four (4) items insufficient. Ms. Luff explained the items. Mr. Parker asked Ms. Luff if the worker’s compensation certificate of insurance was required to be included in the bid package. Ms. Luff said yes. Mr. Parker explained that it was determined that there were two companies who filed the proper paperwork. Mr. Parker asked Warren Pike, Public Works Director, how he determined that Glencoe was the low bidder. Mr. Pike advised that he evaluated based upon price only. Mr. Parker stated that based on the testimony given by Tom Cinefro, Purchasing Coordinator, and Ms. Luff, there were areas where Glencoe Lawns did not comply with the bid specs. The certificate of worker’s compensation insurance was provided after the protest hearing was held. The addendum was also not properly acknowledged by Glencoe Lawns. The evaluation determined that the bid from Glencoe Lawns was non-responsive due to these irregularities.
Councilman Burnette asked about Glencoe's business license and state license. Mr. Parker said they were in place at the time of the bid. Councilman Burnette asked Attorney Roberts if the current procedure and bid process would hold up in Court. Attorney Roberts replied that they have the discretion to waive the facts and decide if the irregularities are minor.
Councilman Pohlmann asked if the irregularities minor or if that is what the Council needs to decide. Attorney Roberts said that is what Council needs to decide. Councilman Pohlmann asked Mr. Pike if he looked at the whole package, or if it was just on price. Mr. Pike advised that he strictly looked at price.
Vice Mayor Kennedy asked why the City Manager found Glencoe's bid protest to be without merit. Mr. Parker explained that Glencoe’s bid protest was relating to Tuff Turf’s protest not being timely. Glencoe’s bid protest was without merit.
Mayor Green has a problem with the fact that Glencoe hasn't complied with the bid procedures.
Mayor Green asked for public comments. There were none.
Councilman Pohlmann clarified the time of protest. Mr. Parker explained that the protests were filed within the time allowed.
Mr. Parker explained that the bid opening process includes the announcement of the
Motion to withdraw motion to approve Staff’s Recommendation made by Councilman Burnette. Second withdrawn by Vice Mayor Kennedy.
Mayor Green recommends that Council vote relating to Section 4 only since there are no irregularities or bid protests relating to Section 4.
Councilman Burnette made a Motion to award section 4 to Tiff Jen, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.
John Chaney, Tuff Turf, Inc., advised Council that he believes Council should vote based on the purchasing procedures and rules.
Motion that the variations are minor and Glencoe be awarded the bid by Councilman Ford; and Seconded by Councilman Burnette.
Councilman Burnette hopes that the two envelop process will resolve these problems. He feels the integrity of the bid process needs to be upheld. Councilman Burnette sees this issue as a matter of convenience to get to the lowest price, even if the contractor didn’t follow the procedures.
Mayor Green explained that as a contractor you must adhere to the documents and follow the procedures.
Attorney Roberts explained that the law says is there any advantage to another bidder, not whether or not it is convenient.
Councilman Pohlmann believes that saving money is good, but integrity of the bidding process needs to be upheld.
Vice Mayor Kennedy says these are valid points but they didn't comply. He has a problem with the fact that Glencoe wasn’t in full compliance with his state and/or county licenses.
Mayor Green asked Mr. Pike about the level of cuttings. Mr. Pike explained what this part of the contract includes.
Mr. Cheney discussed the insurance issue that Glencoe does did not have the proper insurance certificates filed with the bid package.
Attorney Smith explained that the bid meets the specifications of the ITB and advised that the Florida Supreme Courts there is no interest in disqualifying when there is no advantage or disadvantage. He suggested Council pick the common sense answer to save the taxpayers money.
Ronnie Hull, Glencoe, Inc., acknowledged they made mistakes and advised Council that Tiff Jen also made mistakes but Council just voted to deem those minor irregularities. Mr. Parker advised Council that they have the information Mr. Hull referred to.
Motion amended to accept bid as minor irregularities for one year with Glencoe made by Councilman Ford and Seconded by Councilman Burnette. Roll call vote taken: Councilman Ford, yes; Councilman Burnette, no; Councilman Pohlmann, no; Vice Mayor Kennedy, no; Mayor Green, no. Motion did not pass.
Motion to award the contract to Tuff Turf for one year by Councilman Pohlmann, and Seconded by Councilman Burnette.
Discussion was held relating to whether a one year contract is acceptable. Ms. Luff advised Council that the contract is already for one year and renewable for up to 5 years.
Mr. Smith explained that there are minor irregularities in all the bids. Mayor Green asked Mr. Parker if a rebid would be with the 2 envelop bid process. Mr. Parker said yes. Councilman Ford asked if the 2 envelop bid process will help resolve these problems or will it just make Council feel better because they don't know the bid amounts.
Mayor Green advised that he would like to throw all of the bids out and start over. Vice Mayor Kennedy agrees. Mr. Parker advised that staff found that Tuff Turf and Tiff Jen were clean but Glencoe believes they were not.
Motion to reject the current bid and rebid sections 1-3 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Roll call vote taken. Councilman Pohlmann voted no. Councilman Ford, yes; Councilman Burnette, yes; Vice Mayor Kennedy, yes; Mayor Green, yes. Motion carried 4-1.
Attorney Roberts explained that the current contract would need to be extended. Mr. Parker agreed and advised that it would be added to the next agenda;
CITY ATTORNEY (Margaret Roberts)
20. Interlocal Agreement for the Transfer of a 30% undivided interest in property to Volusia County
Motion to approve Interlocal Agreement made by Vice Mayor Kennedy, and Seconded by Councilman Ford.
Mayor Green asked for public comment. Ted Noftall asked where the money will go. Mr. Parker advised that it will go back to the fund that it came out of and then to the wetland mitigation fund.
Motion carried unanimously by roll call vote.
ADMINISTRATION (Ken Parker)
21. Authorization to Issue a Request for Proposals (RFP) for Redevelopment Projects in the Riverwalk Area – RFP #11-14 – Final Version
Item #21 was pulled from the agenda. The item will be placed on the May 3, 2011 agenda for further discussion.
22. Comments/Concerns from Council Members
Councilman Ford publicly acknowledged the police officers for the recent auto thefts and breaks. He requested a monthly report relating to crime in the City. He would also like to see a program where 1-2 business owners come to a meeting to introduce their business and get some publicity;
Mayor Green would like to see what the Port Orange businesses are buying from out of city businesses and see what they can buy from local Port Orange businesses instead. He asked Councilman Burnette to discuss this with business owners when he and Debbie Connors visits with them.
Councilman Burnette performs a neighborhood walk last week and some concerns that came up were the shape of investment properties in the City. He feels like the City needs tools, a housing ordinance with these "businesses". He thinks homeowners should have an occupational license to rent out a house. Mr. Parker advised Council that he will pull data from Daytona Beach and South Daytona.
Councilman Pohlmann asked about the fire hydrant maintenance. Mr. Parker advised that he has a meeting on Thursday regarding same.
Vice Mayor Kennedy advised Council that he received several phone calls relating to adult entertainment issues after the Allied Veterans presentation. He would like to get more information out to the public relating to activities for seniors.
Mayor Green reminded Council of the Halifax Oyster Festival on April 30, as well as the tree planting on April 30. Taste of Affairs on Thursday. Mayor Green asked Wayne Clark, Community Development Director, about the internet cafe code and how the measuring is done between commercial and residential areas. Mr. Clark explained the code. Mayor Green believes that the code needs to be modified. He has a problem with where Allied Veterans is trying to locate.
Councilman Ford asked if a bar is going into the same building as Allied Veterans. Mr. Clark said yes, World of Beer is planning to open there.
Mayor Green advised Council that Sean Pittman was appointed to a democratic subcommittee recently and Mayor Green is not happy about it.
Mr. Parker reminded Council that there is a breakfast tomorrow morning with Spruce Creek and Atlantic High Schools SGA programs.
Mayor Allen Green
Kenneth W. Parker, City Manager