REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS CITY HALL
1000 CITY CENTER CIRCLE
AUGUST 16, 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 AWARDS, PROCLAMATIONS, REPORTS, RECOGNITIONS, SPEAKERS
4. Recognition Awards - Police Department Award of Merit
Chief Monahan and Assistant Chief Miller presented awards to four officers for Award of Merit.
CITIZEN PARTICIPATION (Non-Agenda 15 minutes)
Maureen France - introduced herself as she is running for District 28, House of Representatives.
Pat Mihalic addressed Council regarding the Trap, Neuter, and Release Ordinance. She advised Council that Concerned Citizens for the Welfare of Animals will help in any way they can. She gave a report from Jacksonville "Save Lives with Feral Freedom" to share with Council.
Ben Talluto addressed Council regarding his experience with a local auto/oil change business and warned citizens against their tricks.
Janine Foster addressed Council regarding her past due utility bill and requested a reduction. Mayor Green explained that Staff will look at it and get back with her.
5. Approval of Minutes
a. July 26, 2011 Special City Council Meeting (CIP Budget Workshop)
b. July 26, 2011 Regular City Council Meeting
c. July 30, 2011 Special City Council Meeting (Budget)
d. August 2, 2011 Regular City Council Meeting
6. Staff Reports - Building Activity Report and Monthly Development Activity Report for June and July, 2011.
7. Property, Liability and Workers Compensation Insurance: Policy Year 2011-2012
8. Proposed Change Orders for R&R Industries for work at Fire Station #73 and City Hall
9. Proposed Change Order for R&R Industries to Add Insulation to the City Hall Roof
10. Construction Engineering & Inspection Services for the Dunlawton/Spruce Creek Road Intersection Improvements
11. Dunlawton/I-95 Turn Lane Extension and Sidewalk Improvements Quentin L. Hampton, Inc. Inspection Services
12. Post Design Engineering Services for the Dunlawton and Spruce Creek Road Intersection Improvements
13. Approval of Supplement to FDOT Right-of-Way Maintenance Agreement #AP006
14. Piggyback Dade City Contract to Purchase Equipment for New Police & Fire Vehicles
15. Change Order #1 to Landscape Contracts with TifJen and Tuff Turf
16. Award Bid #11-19 Air Conditioning & Heating (old police facility)
17. Award Bid No. 11-10 for B-23 Canal Public Seawall Reconstruction
Councilman Burnette and Councilman Ford requested that items #8, 9, and 16 be pulled for further discussion.
Motion to approve Consent Agenda Items #5-7, 10-15, and 17 made by Councilman Burnette and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.
Item #8 and 9: Councilman Ford is concerned with the number of change orders especially when they are for more than double the original bid. He asked about the payback on the insulation. Mr. Parker said it is hard to tell. Mayor Green has not been happy with the architect on this job or previous jobs with the City. He believes the insulation should have been in the bid specs but it wasnt. Mr. Parker advised Council that City Attorney is looking to see if there are any legal ramifications regarding the payment to the architect firm. Mayor Green reminded Council that they are working on hiring a facilities manager, who will handle all the issues with the warranties and other issues with the facilities.
Item #16 Councilman Ford asked if R&R is the same R&R putting on the roof. Mr. Parker said yes. Councilman Ford asked if Council wants to use the same company with all of the change orders.
Motion to approve Consent Agenda Items #8, 9, and 16 made by Councilman Burnette and Seconded by Vice Mayor Kennedy. Motion carried by 4-1 roll call vote. Councilman Ford voted no.
REPORT FROM ADVISORY BOARD
Bobby Ball was unable to attend and requested to be rescheduled for August 23, 2011.
FINANCE (John Shelley)
19. Resolution No. 11-35 Budget Appropriations
Mayor Green read Resolution No. 11-35.
RESOLUTION NO. 11-35
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.
Motion to approve Resolution No. 11-35 made by Vice Mayor Kennedy and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote.
PUBLIC SAFETY (Jerry Monahan)
20. First Reading - Ordinance No. 2011-13 - Residential Decal Parking Areas
Mayor Green read Ordinance No. 2011-13.
ORDINANCE NO. 2011-13
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING SECTION 70-6 RELATING TO IMPOUNDING OF VEHICLES; ESTABLISHING ARTICLE III PROVIDING FOR RESIDENTIAL DECAL PARKING AREAS; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICATION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ISSUANCE; PROVIDING FOR FEES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2011-13 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.
Chief Monahan advised Council the ordinance is in final form if Council approves. He explained the program. He explained that a resolution will be submitted after adoption of the ordinance to address the specific area affected. Chief Monahan advised Council that he has a concern with issuing five placards to a resident because there are not enough parking areas for five cars per residence. Councilman Pohlmann asked if there was 100% participation of the residents. Chief Monahan said no not 100% but close. Mr. Parker explained that all residents will receive the decals and placards. Vice Mayor Kennedy asked about the cost to implement and enforce. Chief Monahan explained that there is a cost of approximately $500 for the decals and placards. Attorney Roberts explained the renewals for renters (1 year) are different than for the homeowners (3 years).
Ben Talluto asked who owns the streets. He is concerned that taxpayers are paying for the maintenance of the road and he thinks Council is setting a precedence for other neighborhoods. He believes the public should be able to park on the public street.
Motion carried unanimously by roll call vote.
Motion to amend the ordinance to allow for three placards and not five with the opportunity to obtain two replacement placards if needed made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.
Stan Hetrick asked if the ordinance can be specific to certain times of the year/day. Attorney Roberts explained that the specifics will come at the time of second reading and with the resolution.
Motion carried unanimously by roll call vote.
21. First Reading Ordinance No. 2011-14 Mandatory Spay or Neuter Ordinance
Mayor Green read Ordinance No. 2011-14.
ORDINANCE NO. 2011-14
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING A NEW SECTION 19 IN CHAPTER 10 REGULATING ANIMALS, REQUIRING OWNERS OF CATS AND DOGS RESIDING IN THE CITY TO HAVE THEM SPAYED OR NEUTERED; PROVIDING EXCEPTIONS FOR MEDICAL REASONS AND FOR CERTAIN SHOW, BREEDING, LAW ENFORCEMENT, HUNTING, HERDING, AND SERVICE ANIMALS; REQUIRING THE OWNERS OF CERTAIN EXCEPTED ANIMALS TO OBTAIN AN UNALTERED ANIMAL PERMIT; PROVIDING FOR EXEMPTIONS; ESTABLISHING FEES; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Attorney Roberts pointed out the amendment provided for Council.
Motion to approve Ordinance No. 2011-14 with the amendment as presented made by Councilman Burnette and Seconded by Vice Mayor Kennedy.
Vice Mayor Kennedy supports it although he believes pet owners should be doing it on their own. Councilman Pohlmann agrees and believes Council should move towards the TNR ordinance. Councilman Burnette also agrees and supports the ordinance. Councilman Ford does not agree with the ordinance. Mayor Green supports the ordinance but believes it is the first step to control the feral cat issue. Stan Hetrick agrees with Councilman Ford but understands there is a problem with feral cats. He asked if Council's intent is to track the progress so citizens and Staff can see if the ordinance is working. Mr. Parker explained that the process will be tracked and a report is given from Halifax Humane Society every month along with a bill to pay for their services.
Pat Mihalic explained that the county bus for spay and neuter is available if this ordinance is passed.
Motion carried 4-1 by roll call vote. Councilman Ford voted no.
22. Comments/Concerns from Council Members
Councilman Ford discussed problems with the lawn maintenance crew at the US 1 and Dunlawton sign in Riverwalk. Mayor Green asked for something to be placed on the back of the sign.
Councilman Burnette asked about the railings at City Hall. Mr. Parker explained that the railings met code in the early 1980s when they were built; however, the railings would not meet code today. Mr. Parker explained some ideas of fixing the problem; however, the code does not require the railings to be altered. Councilman Burnette asked about the CDBG audit. He wants more information. Mr. Parker explained that it is a utility problem, and that the employee is no longer with the City. Councilman Burnette asked about Willow Run sign for school. Mr. Parker will check on it. Councilman Burnette asked if there is something more the City can do for the foreclosure registry. Mr. Parker will have Staff check into it. He advised that Staff looked into it a few years ago and he will find out why it wasn't implemented then. Mr. Parker asked Council about special assessment districts that are being implemented in other cities.
Councilman Pohlmann reminded residents of school starting August 22.
Vice Mayor Kennedy advised that Spruce Creek High School traffic patterns have changed.
Mayor Green wants code officers seven days a week. Mayor Green doesn't agree with impact fees being reduced or cancelled. He believes they are investing in the future. Mayor Green explained that nothing has been decided regarding Gamble property but there is conversation about property exchanges, etc. On the table for consideration is exchanging environmental credits. City would get the property. Susan Lovallo, Parks Director, has run numbers and provided them to Council. Councilman Pohlmann explained that the goal was not to have credits but to use it to buy environmental properties. Vice Mayor Kennedy believes Council needs to do whatever possible to maintain the property. Councilman Burnette would like to see the City take over the property, but would caution Council and Staff relating to maintenance for the old buildings and the property. Councilman Ford believes that Council would need to invest $250,000 per year to maintain the property. Councilman Ford asked Attorney Roberts for a list of what can be done with the property and what can't be done. He wants the property open to the public and preserved. He is not opposed to it, but very cautious. Mayor Green disagrees with the numbers Councilman Ford gave and believes the City is a better caretaker. Mayor Green asked for a consensus on getting more information on being a player. Consensus is to move cautiously but yes look into.
Mayor Allen Green
Kenneth W. Parker, City Manager