REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JUNE 7, 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

 

Silent Invocation

 

Roll Call:                    Present:                     Councilman Bob Ford

Councilman Bob Pohlmann

                                                                        Vice Mayor Dennis Kennedy

                                                                        Mayor Allen Green

 

                                    Absent:                      Councilman Don Burnette

 

                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk

 

BOARD AND COMMISSION APPOINTMENTS AND REPORTS

 

4.    Volusia Growth Management Commission (VGMC) Member appointment

 

Ken Parker, City Manager, introduced Bobby Ball and Debbie Connors. Both are present and both are willing to serve. Ms. Connors explained her current position on the committee and Mr. Ball also introduced himself. Mr. Ball expressed a concern that if another conflict arose, he would have to step down again and would hate to put the City in that position.

 

Motion to re-appoint Debbie Connors to the Volusia Growth Management Commission made by Councilman Pohlmann and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Mayor Green thanked both for their involvement in the community.

 

 

 

5.    Parks and Recreation Advisory Board quarterly report

 

Report given by Jack Wiles. Shannon Lewis attended the last meeting and trained the board on the Sunshine Law. John Evans discussed Family Days with the Board and advised that he would like to put paddle boats in the lake. The Board approved to support the paddle boats as long as the City is not required to manage the operation and the company would provide their own insurance. Discussion was held regarding the hours, which would be limited but it would run all year. Pop Warner football is waiting on a final approval to move the funds to finish the field at Curaci Park. There has been no proposal on competitive baseball. Baseball tournaments were well received. Parks currently has a coed kickball league going. Summer camp registration scholarship funds have been exhausted. The Board and Parks Department would like to have local businesses or individuals contribute to provide a scholarship so that more youth may participate.

 

MR. Parker advised Mr. Wiles that the Hotel/motel Association is looking into working with Volusia County and the cities to have tournaments held locally. Bob Davis would like to meet with the Board to discuss same.

 

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

 

The City Council reconvened at 7:31 p.m.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

6.    Port Orange/South Daytona Chamber of Commerce Quarterly Report

 

Debbie Connors presented reported that Chamber is up to 662 members. Their fundraiser, A Tasteful Affair, was great. They are trying to present programs for members. They held the Crystal Apple Award recognizing 13 teachers. Councilman Burnette and Ms. Connors are still visiting with area businesses. Leadership 2011 applications are being taken now. The program begins in September. Other activity dates were given for the summer events.

Mayor Green would like the Chamber to put out a survey as to supplies used by businesses so that the Chamber can help businesses get connected with other local businesses so that they can attempt buy locally.

Kudos given by all Council members.

 

 

 

 

CONSENT AGENDA

 

7.    Approval of Minutes

a.            May 17, 2011 – Budget workshop

b.            May 17, 2011 – Regular City Council Meeting

c.            May 24, 2011 – Budget workshop

d.            May 24, 2011 – Regular City Council Meeting

8.    Construction Activity Report

9.    Pollution and Remediation Legal Liability Insurance

10. Emergency Repairs to Drainage Pipe/Structures on Fleming Avenue and Dylan Drive

11. Bid Award for Reclaimed Water Reservoir Cattail Removal Project – Bid No. B-11-15

12. Vehicle Equipment from Communications International

13. Revised Police Benevolent Association (PBA) Lieutenants Sick and Annual Leave Exchange for Pay Memorandum of Understanding (MOU)

 

Councilman Ford requested that items 10 and 11 be pulled for further discussions.

 

Motion to approve Consent Agenda items #7-9 and 12-13 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

Item #10-Councilman Ford would like to see a backflow device put on pipes put in the water. Warren Pike, Public Works Director, explained the issues and how they have tried to correct the problem.

 

Motion to approve Item #10 made by Councilman Ford, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.

 

Item #11-Councilman Ford asked why we are removing the cattails. Roger Smith, Public Utilities Director, explained.

 

Motion to approve Item #11 made by Councilman Ford, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

 

 

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

14. Second Reading – Ordinance No. 2011-8 - Moratorium Extension on the Issuance of Development Orders, Building Permits and Zoning Approvals for Business Tax Receipts for the Operation of Pain Clinics and Pain Management Clinics in the City of Port Orange

 

Mayor Green read Ordinance No. 2011-8. There was no public comment.

 

ORDINANCE NO. 2011-8

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, EXTENDING AND 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. 2011-8 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.

 

15. Second Reading – Ordinance No. 2011-9 - Moratorium Extension on the issuance of Development Orders, Building Permits, and Zoning Approvals for Business Tax Receipts for the Operation of Internet Cafes, Game/Recreational Facilities, Adult Arcades Amusement Centers, and other similarly operated facilities in the City of Port Orange

 

Mayor Green read Ordinance No. 2011-9. There was no public comment.

 

ORDINANCE NO. 2011-9

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, EXTENDING AND 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 FINDINS; 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. 2011-9 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

CITY ATTORNEY (Margaret Roberts)

 

16. Request for Special Council Meeting to discuss pending litigation: City of Port Orange vs. John P. Jackson, Case No. 2011-30458-CICI

 

Margaret Roberts, City Attorney, requested 30 minutes of time on June 21 at 5:30pm for a Shade Meeting. Councilman Ford confirmed that he will be back on June 21.

 

Motion to approve time requested made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy. Motion carried unanimously after no public comments, by voice vote.

 

17. Request for Special Council Meeting to discuss pending litigation: Allied Veterans of the World, vs. City of Port Orange, Case No. 2011-31029-CICI

 

Margaret Roberts, City Attorney, requested 30 minutes of time on June 21 at 6:00pm for a Shade Meeting.

 

Motion to approve time requested made by Councilman Pohlmann and Seconded by Vice Mayor Kennedy. Motion carried unanimously after no public comments, by voice vote.

 

ADMINISTRATION (Ken Parker)

 

18. Resolution No. 11-24 – Early Retirement Program

 

Mayor Green read Resolution 11-24.

 

RESOLUTION NO. 11-24

 

A RESOLUTION FO THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ESTABLISHING AND APPROVING AN EARLY RETIREMENT/SEPARATION PROGRAM; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 11-24 made by Councilman Ford and Seconded by Vice Mayor Kennedy.

 

Mr. Parker addressed council advising that this early retirement program is different from other programs. There have been questions that have come up relating to the date as well as a financial payout similar to previous programs.

 

Mayor Green doesn't agree with incentives for early retirement.

 

Councilman Ford is not opposed as long as the City makes a profit from the retirement. He is concerned with too many retirements occurring at the same time. He would rather see a few employees retire at a time so that they can be replaced incrementally.  

Vice Mayor Kennedy agrees with Councilman Ford that it's a good idea to get people to retire at a slow rate, but he would like to see Council stop with the programs.  

Mayor Green agrees with Councilman Ford that it needs to be a profit with the City. He wants to see numbers.

Vice Mayor Kennedy would like to see an accounting as to how the City has fared with these programs.

Mr. Parker said the savings are showing in this year's proposed budgets. He explained that there is also a savings on the pension plan side.

Mayor Green asked for public comments, there being none, the vote was taken.

 

Motion carried 3-1 by roll call vote with Councilman Pohlmann voting no.

 

19. Change order request from R & R Industries, Inc. to use salvaged tiles rather than new manufactured tile where tile was removed.

 

Mr. Parker explained that R&R is requesting to use used tiles. Council all agreed that new means new, out of the package.

 

Motion to deny the change order from R&R Industries, and confirm City Manager’s position that new tiles need to be used made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote with no public comments.

 

20. Discussion on Independent Audit from Pension Boards

 

Mr. Parker explained that other cities are providing an independent audit of the pension boards to the City. Mr. Parker asked for discussion and a consensus from Council on the matter.

Mayor Green wants an independent audit but doesn't want to spend money.

Vice Mayor Kennedy agrees with an independent audit.

Councilman Pohlmann asked if one auditor could do the audit for all of the pension plans. Mr. Parker said that's his understanding of Councilman Ford's request.

Councilman Ford's concern is the expense incurred with having different auditors for each plan. He thinks the City should continue current practice until they get more information.

Mr. Parker explained that the issue here is if the Council wants the Board to do the audit or the City continues to provide the audit services where the City’s auditor would appear before the Board and present the findings.  

Councilman Ford and Pohlmann both like that plan, the “hybrid” plan, but want to know the costs.

Mr. Parker would recommend the hybrid method so the audit findings are provided to the Board to answer the questions that may come up. The City only has the responsibility of funding.

Consensus is to use the hybrid plan. There was no public comment.

Staff will send a letter to plan administrators.

 

COUNCIL COMMENTS

 

21. Comments/Concerns from Council Members

 

Councilman Pohlmann wants a report from the public education officer showing what schools, etc. she has done educational programs for for the past year. He asked about the redistricting committee. Mr. Parker advised Council that Jim Meadows is the chair and they are ready to submit their recommendation to Council. Councilman Pohlmann asked about the solid waste bids. Mr. Parker explained the bids and the upcoming committee meeting relating to the bids.  

Councilman Ford has had discussions relating to the Ridgewood corridor with some business owners in that area and will bring back information for Council and Staff to discuss and consider.

 

SPECIAL WORKSHOP

 

22. U.S. 1 & Dunlawton Median Landscaping Refurbishment

 

Donna Steinebach, Assistant to the City Manager, opened with the objectives of the workshop and explained issues of the medians. Warren Pike, Public Works Director, explained that cuts were made and requested two (2) years ago and this is the result of those budget cuts. He acknowledged that some rain would be very helpful. Mr. Pike reminded Council that the number of mows decreased from 39 to 32 to 24 mows a year. Mayor Green asked how South Daytona gets water to the US 1/Ridgewood Corridor. Mr. Parker explained.

Margaret Momberger, Landscape Architect, gave presentation on design concept. Mayor Green asked about the water test for area 9 ponds. Mr. Parker said he will have to pull the water tests.

Councilman Ford asked if FDOT could/would pay for some of the refurbishment since they are getting ready to do work. Mr. Parker says Staff is going to try to make that happen.

Vice Mayor Kennedy wants to know the price of maintenance.

Councilman Pohlmann asked where the pricing came from for each zone. Ms. Momberger explained areas 6, 7, 8 are taking it to bid, the other costs for areas 1-5 are installation costs for plant materials with the City buying and planting, and areas 9 and 10 are more because of the irrigation. Councilman Pohlmann wants a recommendation from Margaret Momberger as to prioritizing. Ms. Momberger gave a few suggestions but advised that it is really up to the Council and the funding available.

Ms. Steinebach discussed gateway signage and financing options of the project.

Councilman Ford thanked Staff for a good presentation. He wants to start an incremental approach but doesn't want to do anything in Riverwalk until there is more information on development in that area from the RFP. He wants to start slow and build from there. He thinks the City needs this but obviously it can't be done all at once. He wants to move forward as soon as Council and Staff find money.

Councilman Pohlmann asked if there is a monetary threshold relating to bidding. Mr. Parker said there is a threshold per City policies and Florida Statutes, everything over $25,000 has to be bid out. Councilman Pohlmann wants to find money and get it going. He believes there is a consensus to get it moving with Council. He also wants to make sure materials are drought resistant.

Vice Mayor Kennedy asked how the bidding would work. Mayor Green explained that it could be done in a unit cost for each item.

Mayor Green asked for public comment, there was none.

 

PUBLIC UTILITIES (ROGER SMITH)

 

23. Bid 11-16 Hunting Lease – Consideration of Bid Proposal

 

Mr. Parker gave background regarding the bidder’s misunderstanding of the bid document. Bidder did not sign the bid sheet.

Councilman Ford would like to discuss the possible uses of the land. Mr. Parker advised that more information can be provided but this item is for letting them submit a bid or not.  

Vice Mayor Kennedy asked if people were living on the property. Mr. Parker said no. They stay overnight during hunting season from time to time, but they do not live there.

Councilman Pohlmann asked if they can hunt year round. Mr. Parker said yes.

Vice Mayor Kennedy asked about the hunt club participants/members.

Councilman Ford has a problem with the fact that there is so much land being used up for a hunt club and not available to the citizens. He feels it could easily be used for a bike path, trails, etc. wants to have a discussion relating to other options for the property. Mr. Parker advised that he would have that opportunity during the bid award process.

 

Motion by Councilman Pohlmann to deem the mistake a minor variation and allow Smokey Hunt Club, Inc. to submit envelope #2, and seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.

 

City Manager, Ken Parker, reminded Council of the Mayor’s Golf Tournament on June 18, 2011.

 

ADJOURNMENT:    9:42p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager