REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MAY 24, 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 PRESENTATIONS, RECOGNITIONS, AND PROCLAMATIONS
4. Recognition of Youth Achievement Award Winner
Shannon Lewis, Assistant City Manager, introduced Jennifer London, Chairman for the Youth Advisory Board, and members Peter Checkanover and Matthew Burnette. Ms. Lewis explained the award and the requirements and announced that Karilla Dyer has won the award. Ms. Dyer was unable to attend but her plaque and prize will be delivered to her.
5. Recognition of the Port Orange PAL Flames girl’s 14 and under Basketball Team
Frank Eberhart, Chip Patrick, and Aimee Bischoff introduced the girls’ team. Chief Monahan was presented with a plaque by Coach Patrick and Ms. Bischoff presented Coach Patrick and Coach Eberhart with plaques. All were thanked by Council.
6. Representative Dwayne Taylor
Representative Taylor contacted Staff to
reschedule his appearance for June 28, 2011.
7. Local Business Spotlight – Wireless Worldwide, Inc.
Shannon Lewis, Assistant City Manager, introduced Dan Gardner, owner of Wireless Worldwide, who recently opened in Port Orange. He is a Verizon Wireless retailer. Councilmembers welcomed Mr. Gardner.
8. Report from KemperSports Management regarding Cypress Head Golf Course
Golf report given by Mike Collins, General Manager. Councilmembers thanked Mr. Collins for the report and his hard work at the course.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Stephen James Pantazes asked Council for their approval in putting up flags on the Dunlawton bridge. Mr. Parker explained that the poles before the bridge are City property but the flag poles on the bridge belong to FDOT and the City would need FDOT approval. Mr. Pantazes advised that there's no cost to the City, all flags have been donated. Mayor Green encouraged all to reflect on the real reason for the Memorial Day holiday.
Mr. Parker will advise the Parks Department and Public Works to put flags up on City poles. Consensus of Council is to work with Mr. Pantazes to put the flags up.
Jim Cameron, Daytona Regional Chamber, thanked Councilmembers for attending the Volusia Tech Summit last week.
9. Project Managers’ Report
10. Post design services for the Williamson Blvd. signal at Hockney Ct./McGinnis Ave.
11. Post design services for the Devon/Taylor traffic signal
12. Dunlawton/I-95 Turn Lane Extension and Sidewalk Improvements Amendment to Kimley-Horn Contract.
Motion to approve consent agenda made by Councilman Pohlmann, and Seconded by by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
FINANCE (John Shelley)
13. Monthly Financial Report
John Shelly, Finance Director, provided the monthly financial report. He advised Council that the YMCA report was included and they are at a break-even point through April. Golf report was also included and was given to Council earlier in this meeting. Discussion was held relating to the telecommunications and FPL funds being down. Mr. Shelly explained some of the reasons behind the decline in funds.
COMMUNITY DEVELOPMENT (Wayne Clark)
14. Resolution No. 11-21 - LAP Agreement for Willow Run Blvd and Clyde Morris Blvd Turn Lane
Mayor Green read Resolution No. 11-21.
RESOLUTION NO. 11-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCAL AGENCY PROGRAM AGREEMENT FPN 427621-1-58-01; FOR THE CONSTRUCTION OF A RIGHT TURN LANE ON WILLOW RUN BOULEVARD AT CLYDE MORRIS BOULEVARD; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve Resolution No. 11-21 made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy. There was no public comment. Motion carried unanimously by roll call vote.
15. Resolution No. 11-22 - LAP Agreement for Dunlawton Ave and Spruce Creek Road Turn Lane
Mayor Green read Resolution No. 11-22.
RESOLUTION NO. 11-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCAL AGENCY PROGRAM AGREEMENT FPN 430177-1-58-01; FOR INTERSECTION IMPROVEMENTS AT SR 421/DUNLAWTON AVENUE AND SPRUCE CREEK ROAD; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve Resolution No. 11-22 made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. There was no public comment. Motion carried unanimously by roll call vote.
Councilman Ford asked if there is any way to landscape the area and remove the fence. Mr. Parker advised that the plans were being redone recently and he will be sure that is taken into consideration.
16. Resolution No. 11-23 - LAP Agreement for Dunlawton Ave and Village Trail Turn Lane
Mayor Green read Resolution No. 11-23.
RESOLUTION NO. 11-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCAL AGENCY PROGRAM AGREEMENT FPN 427632-1-58-01; FOR CONSTRUCTION OF AN EASTBOUND TURN LANE ON SR 421/DUNLAWTON AVENUE AT VILLAGE TRAIL; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Motion to Approve Resolution No. 11-23 made by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. There was no public comment. Motion carried unanimously by roll call vote.
17. Workshop LDC Amendment/Cyber Centers
Mr. Parker gave background and advised Council that Staff needs guidance on preparing the Ordinances.
Wayne Clark, Community Development Director, advised that Staff has looked at ordinances from around the state. Mr. Clark explained the restrictive ordinance criteria as in the Jacksonville ordinance, as well as the prohibitive ordinance as in the Seminole County and Ponce Inlet ordinances. Mr. Clark asked some questions for Council to think about and answer for Staff to prepare an ordinance to meet their intent.
Mayor Green asked if the Seminole County ordinance is being challenged. Attorney Roberts said yes.
Councilman Ford is open to either, but prefers prohibitive. Attorney Roberts says there was an appeal filed relating to the Seminole County ordinance challenge and a trial is set for October, 2012.
Mayor Green wants a model, is a pinball machine a gambling machine? Mr. Clark said that would be the Council's call.
Councilman Ford wants it to be restricted away from residential and thinks there should be a fee to recoup the law enforcement costs incurred. He wants to prohibit but if that's not possible, restrict.
Councilman Burnette also favors a prohibitive ordinance. He has been following the Seminole County challenge and it has survived one court so far. He believes if they don’t go with prohibitive, it needs to be very restrictive. He has a problem with the safety issues involved with this type of business.
Councilman Pohlmann thinks the Council should go towards prohibitive if the history is showing that this type of business negatively affects the existing businesses. He agrees with a restrictive area so that it is so isolated that it can't affect any other businesses, otherwise prohibitive ordinance. He also doesn't want a burden added to the police department.
Vice Mayor Kennedy asked about age restrictions. He would want that included in a restrictive ordinance, but he prefers a prohibitive ordinance. He wants it separated from other businesses and agrees with the rest of Council. He still believes it is his responsibility to speak for the residents and they are saying no, they don’t want this type of business in their neighborhoods.
Mayor Green wants to work from prohibitive then move towards restrictive but wants it defendable.
Wayne Clark explained pinball machines not usually being considered simulated gambling.
Councilman Ford wants to draft a prohibitive ordinance and ask attorney for wording.
Mayor Green would like to see both ordinances so that Council can compare both.
Councilman Burnette added that he believes their intent is targeting a full main business of gambling not the occasional pinball machine.
PUBLIC SAFETY (Jerry Monahan)
18. Crime Report
Chief Monahan provided the written report for Council and advised that it is a minimal report because of the computer program available that he showed to Council.
Councilman Ford advised that he has been approached by citizens about crime rates. He wants to see if there is an increase in the city and/or certain areas in the city. He wants to jump on the crime rates if it is going up.
Chief Monahan said he's been preaching for many years that staffing is needed for the police department. Crime has been going up since 2008. It is a direct consequence of the economy. Chief showed the website to council in detail.
Councilman Ford will not interfere with the operations of the PD but as a policy maker, he wants to know what's going on.
Councilman Pohlmann finds that Police Department does a great job following up on all matters big or small, kudos to the PD.
Vice Mayor Kennedy is impressed with the crime report tool and applauds PD.
Mayor Green believes we need neighborhood watches to begin again. He appreciates the classes offered by POPD.
Councilman Ford advised that along the US 1 corridor people are fearful. He'd like to have more policing done. Chief Monahan said they have added more in the last few weeks. Councilman Ford would like to see officers assigned to certain areas for longer periods where they meet with the public to address their fears personally. Chief Monahan advised that the walk and talks still go on as they did when Councilman Ford was Police Chief.
Jim Meadows addressed Council and advised that he believes that the police should not be cut.
CITY MANAGER (Ken Parker)
19. City Owned Property
Mr. Parker advised Council that the list includes properties owned by the City that are listed for sale or vacant. He advised council that the old Police Department building will be $40,000 to repair the a/c. The building will be empty when RCC moves to the county, but there are items located there that can't be moved. Palmer's lease is a favorable lease with the City but they have expressed an interest in purchasing the property at the Allen Green Center. Palmer's main campus has an option to purchase included. Mr. Parker discussed other properties-golf course, park across from Epiphany Church. Council would need to go through the proper process if they want to get rid of the land. Mr. Parker asked for direction from Council.
Mayor Green advised that old PD is an un-functional building. He would like to use it as a training center. Mayor Green thinks the park should stay.
Councilman Pohlmann agrees with Mayor Green about the park. He doesn't believe this is a good time to sell any property. He doesn't want to lose White Street park.
Vice Mayor Kennedy also agrees with Mayor Green and Councilman Pohlmann. He thinks Council should try to move some of the small pieces of property but now is not a good time.
Councilman Burnette thinks maybe the city should consider hiring a broker to push the properties that are currently listed. Right now the city pays for advertising without the realtor pushing for a sale. He believes the City would get better results.
Councilman Ford agrees that the City should not be putting more property on the market right now. He thinks the old PD building needs to be owned by the City because it is in the city complex.
Mayor Green would like to see the return from Helen Cauthen work on moving some of these properties.
20. Consideration of Bid Protest of Bid #11-08, Collection and Disposal of Solid Waste, Yard Waste, and Recyclable Materials
Mr. Parker gave background of the appeal from Veolia.
Mayor Green said an error is an error.
Councilman Ford believes that as long as the error is trivial and meets the Florida law definition and the error is corrected, it should be waived.
Councilman Burnette wants to hear from Mr. Daniels before he makes any comment.
Councilman Pohlmann agrees and believes it is a minor irregularity. Since no financial bidding has happened, there is no advantage to Veolia. He supports that it is a correctible error and they should be allowed to move forward and submit their bid (envelope 2).
Vice Mayor Kennedy agrees with Councilman Pohlmann, and believes that the defect was minor.
Doug Daniels, attorney for Veolia; presented Veolia’s position.
Bill Steblebind apologized for his mistake and believes it's best for the citizens to allow their bid to be submitted.
Councilman Burnette error was on the insurance agent. Attorney Daniels said yes, they found out by a phone call from the City. Councilman Burnette asked if there was ever a lapse in insurance coverage over the 10 years. Attorney Daniels said no they have always had $5 million but are only required to have $2 million.
Rick Kennedy, VFW, wants Council to support Veolia.
Motion to find the deviation minor and allow Veolia to submit a bid (envelope #2) by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
Mr. Parker explained the background for WCA's appeal and issue with their insurance certificate. Mr. Parker advised that the form was corrected and submitted and the bonding issue was also corrected.
Councilman Ford feels the same with this minor deviation as he did about Veolia’s.
Councilman Pohlmann and Vice Mayor Kennedy are both good with allowing WCA to submit their bid (envelope #2).
Mayor Green advised that it is the responsibility of the contractor to be sure the paperwork is correct.
Patrice Boyes, attorney for WCA, introduced herself and advised that she is available for questions.
Councilman Burnette explained what he understood to be the issues. Attorney Boyes responded. There were no public comments.
Motion to determine the deviations are non-material and allow WCA to proceed with submitting their bid (envelope #2) made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.
21. Comments/Concerns from Council Members
Vice Mayor Kennedy discussed watering issues. He sees people over watering and watering during the wrong times. He would like to see some awareness measures brought to the citizens. He wants to bring those people into compliance.
Councilman Pohlmann wants the comment about police being cut to be answered. Mr. Parker will bring back data.
Councilman Burnette would like to see Council market for the fiber optics capabilities. He wants to talk about renaming Eastport. He wants Stan Schmidt to come talk with Council on June 21.
Mr. Parker had a discussion with Jim Dineen and Mary Connor, they have asked that the discussion be on hold until after they handle the EVAC and consolidated dispatch issues. Councilman Burnette wants to look at regional fire dispatch. He asked Mr. Parker about the UBS lawsuit which netted the City $86,000. He wanted to know where that money goes. Mr. Parker said it will come to Council to decide. Councilman Burnette asked what is wrong with the fountain at US 1 and Dunlawton. Mr. Parker advised he will check on the fountain. Councilman Burnette reminded all that he will be gone on vacation during the next meeting. Mr. Parker advised that the next meeting will include a very detailed presentation regarding medians. Mr. Parker will have Staff brief Councilman Burnette prior to his vacation.
Councilman Ford wants to really think about where businesses will go that do not attract other businesses. He wants Attorney Roberts to look into the details with the actuaries.
22. City Council Committee Reports
Vice Mayor Kennedy advised that there has been no meeting.
Councilman Ford reported that they are discussing what types of projects they should be considering. There is a push in DC to give money directly to DOT. Traffic safety and road money is being diverted elsewhere.
Vice Mayor Kennedy missed the Library meeting.
Councilman Pohlmann agrees there seems to be some questions still relating to the audit. He advised that the State did not accept the report for 2008 & 2009. Plan administration discussed the issue with the board last night. The issue seems to be the 8.5 assumption rate. The plan actuary has been tasked with replying to the State. Councilman Pohlmann will bring back more information as he receives it. Mr. Parker advised that the State is changing what the boards have to use, they cannot use any more than what the State uses (7.5%).
Vice Mayor Kennedy gave a copy of the Police pension report. The plan is doing well right now.
Councilman Ford reported that the plan had a good quarter. They are dealing with a small issue of people leaving small amounts after they retire. He wants to bring back a report to Council relating to the costs of the pension boards. He asked if the actuaries can be bid out and if the services can be merged.
YMCA report was given by John Shelley. Councilman Pohlmann added that the Chair is Kate Petkus and advised that the YMCA has given $54,000 out in scholarships in the first two months of the year.
Mayor Green advised that he will provide the presentation from last night to Councilmembers relating to water issues. He advised that budget cuts are all over the board.
Mayor Green advised that Thursday night is awards for public servant of the year.
Councilman Burnette reported that there was a reception last week to display art. He would like to see a permanent display at City Hall. The Fun and Funky dinner was good but trailed last year's event.
Councilman Burnette advised that he and Debbie Connors are still visiting businesses along US 1 and they have received lots of positive feedback except for the medians. They were able to recruit a new CRA member. Mayor asked Councilman Burnette to continue asking what their needs are and try to encourage people to be involved in City events including the golf course.
The Golf report was given earlier by Mike Collins.
Mayor Green said the consolidation is going to happen. There has been a commitment from the County to make it happen and for it to work seamlessly.
Mr. Parker reminded Council and the public of the Memorial Day ceremony at Veteran’s Park at 10:00 a.m. on Monday, May 30, 2011.
Mayor Allen Green
Kenneth W. Parker, City Manager