REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

FEBRUARY 7, 2012

 

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 Donald Burnette

Councilman Dennis Kennedy

                                                                        Vice Mayor Bob Pohlmann

                                                                        Mayor Allen Green

 

                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk

 

Mayor Green invited Boy Scout Troop 436 to introduce themselves.

TOWN CENTER CRA SPECIAL MEETING

 

Council recessed to hold a Town Center CRA Special Meeting, minutes of which are under separate cover.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

None.

 

BOARD AND COMMISSION APPOINTMENTS AND INTERVIEWS

 

4.    Board Appointments

a.    Fire Pension Board (Continued from January 17, 2012)

 

Mr. Parker explained the fifth member of the Fire Pension Board and how the appointment is made.

 

Motion to approve Frank Sheridan, who was recommended by the Fire Pension Board, to serve as the fifth member made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Ford doesn't agree with the process, nothing personal against Frank Sheridan. He believes in pensions but thinks it needs to be more balanced with fire personnel and taxpayers.

Councilman Burnette agrees, he doesn't like that he is forced to vote as a ministerial function. He wants someone with financial background.

Vice Mayor Pohlmann explained that Mr. Sheridan is very knowledgeable with the pension fund. There has been no other interest of citizens to serve on this board.

Councilman Kennedy agrees and believes Mr. Sheridan will do a good job.

Mayor Green agrees that it puts Mr. Sheridan in a bad position because they all have a fire background. He feels it is unbalanced.

 

Motion carried with a 3-2 roll call vote. Councilmen Ford and Burnette voting no.

 

Motion to approve Jim Reardon to the Fire Pension Board made by Vice Mayor Pohlmann and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Mr. Parker advised Council that staff sent information to the state to request that they change the law and set out some criteria. He advised that Council can set that as a policy for their appointment.

 

  1. CONSENT AGENDA

 

5.    Approval of Minutes

a.    January 17, 2012 – Special City Council Workshop on Sports

b.    January 17, 2012 – Regular City Council Meeting

c.    January 24, 2012 – Special City Council Workshop on Budget

d.    January 24, 2012 – Regular City Council Meeting

e.    February 1, 2012 – Special City Council Meeting on Altamira

6.    Construction Activity Report

7.    Update on Recreational Facilities

8.    Special Event Request – Roadside Tavern, 3400 S. Nova Road

9.    Special Event Request – Whiskey River Saloon, 5005 S. Ridgewood Ave.

10. Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Ave., Best Cars, 5816 S. Ridgewood Ave., & Hunt for Cars, 5796 S. Ridgewood Ave.

11. Special Event Request – First Turn Steakhouse & Lounge, 5236 S. Ridgewood Ave. & 5204 Ridgewood Ave.

12. Special Event Request – Grumpy’s Tavern, 5934 S. Ridgewood Ave.

13. MetLife Life and AD&D Insurance Contract Proposal

14. Revalidation of Sole Source Vendor for replacement and refurbishment of Submersible Pumps at the Herbert and Nova Road Regional Lift Station

15. Forest Management Services Contract Extension

 

Vice Mayor Pohlmann requested that item #10 be pulled for further discussion.

Mayor Green asked that item #15 be pulled for further discussion.

 

Motion to approve Consent Agenda items #5- and #11-14 made by Vice Mayor Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

Vice Mayor Pohlmann questioned the extra hour being requested on item #10. Wayne Clark, Community Development Director, explained that the Staff recommendation is without the extra hour that the business requested.

 

Motion to approve Consent Agenda Item #10 with the clarification that no additional hours are being granted made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

15. Mayor Green asked Steve Edgar to present a plan to get rid of the invasive plants at the Wellfield property.

 

Steve Edgar introduced Tyler Jensen from Boy Scout Troop 535. He is working on his Eagle project. Mayor Green wished him luck.

 

Motion to approve Consent Agenda Item #15 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

  1. BOARD AND COMMISSION REPORTS

 

16. Environmental Advisory Board Report

 

The Environmental Advisory Board did not meet, no report given.

 

  1. FINANCE (John Shelley)

 

17. First Reading – Ordinance No. 2012-3 – Fire Impact Fees

 

Mayor Green read Ordinance No. 2012-3.

 

ORDINANCE NO. 2012-3

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 21, ARTICLE I RELATING TO FIRE/RESCUE IMPACT FEES; AMENDING SECTION 7 RELATING TO THE FIRE/RESCUE IMPACT FEE SCHEDULE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-3 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.

 

Mr. Parker explained that this ordinance implements what Council approved during a previous meeting to reduce the fire impact fees. John Shelley, Finance Director, explained that the ordinance deletes the rate structure from the ordinance, which can be brought back by resolution instead. Same process will occur for the Parks and Recreation impact fee. Mr. Shelley will be looking at commercial fees as well. All Councilmen were in favor of the reduction, except Mayor Green.

 

Attorney Roberts explained that the second reading will be on February 28, 2012 and the resolution will also be on February 28, 2012. The new rates will take effect on March 1, 2012.

 

Mayor Green asked for public comments, there were none.

 

Motion carried 4-1 by roll call vote. Mayor Green voted no.

 

18. Resolution No. 12-3 - SRF Loan CS120725090 – Amendment 2

 

Mayor Green read Resolution No. 12-3.

 

RESOLUTION NO. 12-3

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE STATE REVOLVING FUND AMENDMENT 2 TO LOAN AGREEMENT CS120725090; AUTHORIZING THE AMYOR AND CITY MANAGER TO EVECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-3 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote after no comments from Council or the public.

 

19. Resolution No. 12-5 - SRF Loan CS120725080 – Amendment 3

 

Mayor Green read Resolution No. 12-5.

 

RESOLUTION NO. 12-5

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE STATE REVOLVING FUND AMENDMENT 3 TO LOAN AGREEMENT CS120725080; AUTHORIZING THE AMYOR AND CITY MANAGER TO EVECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-5 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote after no comments from Council or the public.

 

20. Resolution No. 12-6 – Budget Appropriations

 

Mayor Green read Resolution No. 12-6.

 

RESOLUTION NO. 12-6

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-6 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote after no comments from Council or the public.

 

Mr. Parker advised that the US tennis Association provided additional money for the tennis courts.

 

  1. COMMUNITY DEVELOPMENT (Wayne Clark)

 

21. Second Reading - Ordinance No. 2012-1 – Ordinance Approving the 6th Amendment to the Master Development Agreement for the Port Orange Gateway Center Planned Commercial Development Case no. 11-40000002

 

Mayor Green read Ordinance No. 2012-1.

 

ORDINANCE NO. 2012-1

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE SIXTH AMENDMENT TO THE AMENDED AND RESTATED MASTER DEVELOPMENT AGREEMENT FOR THE PORT ORANGE GATEWAY CENTER PCD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-1 on second reading made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Glen Storch, Attorney for applicant, provided compliments to Staff.

There were no further public comments.

 

Motion carried unanimously by roll call vote.

 

  1. PUBLIC WORKS (Warren Pike)

 

22. Second Reading – Ordinance No. 2012-2 - Acceptance of Veolia ES Request to Terminate Non-Exclusive Roll-Off Franchise

 

Mayor Green read Ordinance No. 2012-2.

 

ORDINANCE NO. 2012-2

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING ORDINANCE NO. 2011-30 RELATING TO A NONEXCLUSIVE FRANCHISE FOR ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; ACKNOWLEDGING THAT VEOLIA ES SOLID WASTE SOUTHEAST, INC. HAS TERMINATED ITS FRANCHISE AGREEMENT; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-2 on second reading made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public or Council comments.

 

  1. HUMAN RESOURCES (Rob Zicker)

 

23. Police Benevolent Association (PBA) 2009-2012 Collective Bargaining Agreement

 

Motion to approve PBA 2009-2012 Collective Bargaining Agreement made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.

 

Councilman Burnette asked how long this contract is good for. Mr. Parker advised until September 30, 2012.

 

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

 

Mr. Parker advised that the police pension ordinance will be coming forward soon since this contract is approved.

 

24. Police Benevolent Association Lieutenants (PBA Lts.) 2009-2012 Collective Bargaining Agreement

 

Motion to approve PBA Lts. 2009-2012 Collective Bargaining Agreement made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

 

  1. CITY ATTORNEY (Margaret Roberts)

 

25. Authorization for Wayne L. Helsby, Esquire to Initiate Litigation Proceedings for Enforcement of the Public Employees Relations Commission Decision

 

Mayor Green read item.

 

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

 

Mr. Parker advised that there is a meeting on Monday, February 13, 2012 with IAFF.

 

26. Authorization to file a crossclaim in a SHIP foreclosure matter relating to Deborah Haaf

 

Mayor Green read item.

 

Attorney Roberts explained the item. She doesn't recommend filing a crossclaim because it is too costly with no guarantee of it being repaid.

 

Motion to approve the filing of a crossclaim against Deborah Haaf made by Vice Mayor Pohlmann and Seconded by Councilman Kennedy. Motion failed 0-5 by roll call vote.

 

  1. ADMINISTRATION (Ken Parker)

 

27. Resolution No. 12-7 – Pension Reform

 

Mayor Green read Resolution No. 12-7.

 

RESOLUTION NO. 12-7

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND, AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND FIREFIGHTERS.

 

Motion to approve Resolution No. 12-7 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mr. Parker advised that the League asked cities to pass a formal resolution in support.

 

Mayor Green asked for public comments, there were none.

 

Motion carried unanimously by roll call vote.

 

28. Amendment #2 to Continuing Services Contract with Zev Cohen & Associates, Inc. for CDBG funded Safe Routes to School Sidewalk Project, Phase I

 

Mayor Green read item.

 

Donna Steinebach, Assistant to the City Manager, explained that the item authorizes a feasibility study for sidewalks.

 

Motion to approve item made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote after no public comments.

 

29. Allen Green Civic Center renaming

 

Mayor Green advised that he met with Dr. Martin from Palmer College. Mayor Green believes Palmer should have naming rights to the Allen Green Civic Center.

Dr. Martin thanked Mayor Green for the offer and invited the public to the dedication 3/2 @ 6. They are moving forward on their fundraising efforts.

 

Mr. Parker asked for consensus to bring a resolution to Council. Council agreed.

 

30. Authorization to issue a Request for Proposals (RFP) for sale or exchange of property in the Riverwalk Project Area – RFP #12-2 (CONTINUED FROM JANUARY 17, 2012 and JANUARY 24, 2012)

 

Motion to approve item made by Vice Mayor Pohlmann and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.

 

31. Discussion of sale of City fill material for I-4 widening project

 

Shannon Lewis, Assistant City Manager, explained the item. Council has several options: 1) do nothing, 2) contract with Halifax Paving already in place, Council could authorize a change order to sell the dirt; however, P & S Paving and two other firms are also interested, 3) bid it out. She advised that Staff is looking for a consensus from Council on which direction to go.

Mayor would like to negotiate to finish the lake expansion. Discussion was held and the consensus of Council was to move forward with the best deal for the City.

 

32. City Manager’s Annual Evaluation

 

Councilman Burnette explained his scoring method of Mr. Parker’s evaluation score of 86.8%, high B. He's happy with a high B. He pointed out some highlights of Mr. Parker’s for the year.

Councilman Ford advised that he is not at ease discussing Mr. Parker’s evaluation in public. He doesn't believe in it. He believes Mr. Parker is an incredibly hard worker. He’s also not at ease evaluating Mr. Parker on items Mr. Parker chose, he thinks Council should choose the items. The city is going through changes, he is concerned with succession planning, he wants to see a comprehensive plan. He wants to see more development of employees. He wants to see internal promotions. He is also concerned with maintenance of buildings and facilities. He wants a plan for infrastructure repairs. Pensions, he agrees with it being an area to focus on. He wants to make a plan for parks. He believes the City has made good progress on financial transparency. He wants to see the CRA's move ahead.

Vice Mayor Pohlmann understands some goals change throughout the year and may become unattainable. He believes the City’s bond rating is great. He believes Mr. Parker takes direction well from the Council and the Council takes direction from Mr. Parker often times. He thinks the appearance of the city has gotten better; he wants to continue to move in that direction. He'd like to see Mr. Parker slow down some. He believes Mr. Parker works too hard/much.

Councilman Kennedy echoes a lot of the remarks (good and bad), he believes the city has continued to move forward even during bad economic times. The unfunded liability is still a problem that needs to be addressed. He wants to see some carryover go to unfunded liability and debt reduction - he looks to Mr. Parker for direction on that. Mr. Parker represents the city well. He agrees with Councilman Ford on succession issues.

Mayor Green agrees with Councilman Ford that discussing Mr. Parker’s performance shouldn't be done in public. He believes Mr. Parker has done a great job. He agrees with comments on goals. He advised that a lot of those plans are in place already but need to be paid for and expanded. He believes the City needs to reinvest in us 1. He wants to set goals.

 

  1. COUNCIL COMMENTS

 

33. Comments/Concerns from Council Members

 

Councilman Ford wants Council to think about "art" on buildings. He is concerned with the old boat building on US 1. The color meets code according to Community Development but he doesn’t believe it should.

Councilman Burnette asked when the CAFR will be ready. Mr. Shelley said Alex thinks by the end of the month/early March. Councilman Burnette asked about a policy on scrap metals. Mr. Parker said progress has been made. It will be brought to Council soon, with changes to the purchasing policy. Councilman Burnette would like to invite the City’s state representatives/senators: Hukill, Taylor, Lynn, and Costello to address Council soon. Councilman Burnette asked about signage for elections and the bond. Attorney Roberts advised that it has been addressed. Councilman Burnette received a phone call from a resident about charging an availability charge for water/sewer. He wants Council to discuss the issue, is it fair, wants more details. He would like to see a continuation of the city appearance goals. He wants a thank you to Jose Rosa for his service on the Parks board. Mr. Parker said same for planning board members who have recently resigned. Mayor Green thinks Council should do more than a proclamation, there should be a picture and time served placed somewhere in the city.

Councilman Kennedy asked about Halifax Drive, stating there was cracked driveways and streets. Councilman Ford said he's unaware of anything except sidewalk work.  Mr. Parker said he’s not aware of any problem either. Councilman Kennedy asked about the work on Apple Court being stopped. Mr. Parker explained that Progressive must submit signed and sealed engineer drawings before they can begin work.

 

ADJOURNMENT:    9:03p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager