REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

FEBRUARY 21, 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

 

TOWN CENTER CRA MEETING

 

The City Council meeting recessed at 7:00p.m. to hold a Town Center CRA Meeting, minutes of which are under separate cover.

 

BOARD APPOINTMENTS AND INTERVIEWS

 

4.    Board appointments

a.    Parks and Recreation Advisory Board

 

John Cameron introduced himself to Council.

 

Motion to reappoint John Cameron to the Parks and Recreation Advisory Board made by Vice Mayor Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

Sean Maroney introduced himself to Council.

Aime Bischoff introduced herself to Council.

Maria Mills-Benat introduced herself to Council.

Larry Kelly introduced himself to Council.

Mike Young was not present.

 

Mayor Green would like to see the board expanded so that all applicants can serve. Council agrees to expand the board and appoint the four applicants in attendance. Attorney Roberts advised that Staff will need to bring an ordinance amendment to expand the board to ten (10).

 

Motion to appoint Larry Kelly, Sean Maroney, Maria Mills-Benat, and Aime Bischoff to the Parks and Recreation Advisory Board subject to an ordinance being adopted to expand the Board to ten members made by Vice Mayor Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

b.    Construction Regulation Board

 

Brad Blais introduced himself to Council. Tim Thompson was not in attendance due to a sick child. Brad Blais explained the composition of the Board and advised that they are one member short.

 

Motion to reappoint Brad Blais and Tim Thompson to the Construction Regulation Board made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote, after no public comments.

 

c.    Code Enforcement Board

 

Robert Troup introduced himself to Council.

Scott Decker introduced himself to Council.

Richard Spitz introduced himself to Council.

 

Motion to re-appoint Robert Troup, Scott Decker, and Richard Spitz to the Code Enforcement Board made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote, after no public comments.

 

CITIZEN PARTICIPATION (Agenda)

 

5.    Pastor’s Prayer Gathering

 

Bobby Smith, Pastor at South Daytona Christian Church introduced himself and asked Council about using the amphitheater at no cost for the National Day of Prayer in May (first Thursday). He also asked Council to provide a proclamation for the event. Mayor Green explained that the proclamation and attendance would not be a problem, but the fees are harder to defer. Councilman Ford advised that he would ensure the fees are paid.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Jerry Wisnewski addressed Council on behalf of Warren Pike. He asked Council to reconsider his firing. Mayor Green advised that it is not under Council's purview, it is between Warren Pike and the City Manager.

Jerry Randall, Progressive Contractors, addressed Council on behalf of Warren Pike. He asked City Staff to reconsider so they don't lose a valuable employee. Mayor Green agrees that Warren Pike was a dedicated employee.

Ted Noftall asked Council about their policy on citizen's right to speak at the meetings. Mayor advised it was approved by resolution and reaffirmed each year by Council.

 

Council recessed at 7:52pm

 

Council reconvened at 7:57pm

 

Rich Carter addressed Council regarding the public works director being dismissed. He doesn't know Warren Pike, but believes the spirit of the law should be used rather than the letter of the law.

Judy Zollinger spoke to Council regarding Riverwalk. She agrees with Council and CRA about cleaning up the property, but asks that they consider how much and what is cut down.

 

CONSENT AGENDA

 

6.    Approval of Minutes

a.    February 7, 2012 – Budget Workshop relating to Carry Forwards

b.    February 7, 2012 – Regular City Council Meeting

7.    Staff Reports - Building Activity Report and Monthly Development Activity Report for December, 2011.

8.    Selection of Contractor for the Construction of the Russell Property Floating Dock and ADA Ramp System – Bid No. 12-05

9.    Restatement and Amendment of Dredging & Marine Consultants Professional Services Contract pursuant to R.F.S.Q. #08-02

10. Final Plat & Plans and Subdivision Improvement Agreement/Port Orange Gateway Center Lot 6 Replat Case no. 11-50000002

11. Proposed Changes for Landscape Contracts with Tif-Jen and Tuff Turf

12. Sanitary Sewer System (2) Manholes – Repair/Replacement and Roadway Reconstruction on Orange Avenue near Howes Street

 

Mr. Parker asked that item #9 be pulled and sent back to Staff. Council agreed.

 

Councilman Ford asked that item #8 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #6, 7, 10-12 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #8: Councilman Ford believes it is foolish to build a dock on that property. He doesn't think this dock is a high priority of City monies. Mayor Green asked what the City's obligation is to building a dock. Mr. Parker explained the grant application, which was submitted in 2004. FCT did not advise the City when the dock needs to be built, but public access is required. Mr. Parker explained that the grant monies will be gone.

Kent Donahue, Special Assistant to the City Manager, explained what has already been paid, and what would be lost. Attorney Roberts advised they are looking at $22,000 in design, $10-20,000 in additional design work and $18-19,000 in construction costs, a total of approx. $60,000 total that would have to be spent to not have to pay back larger amounts.

Discussion was held regarding $30,000 for inspection services, administration, and bidding process.

Mayor Green suggests they move forward on this part, but pull and discuss item #9 later.

Councilman Kennedy agrees with Councilman Ford. He doesn't support the item.

Vice Mayor Pohlmann asked about the other grants received. Mr. Donahue said a grant was received for $770,000 which would be in jeopardy of being recalled if a dock is not built at some point. 

Councilman Burnette agrees and would only support it to not lose the $770,000 grant. He feels Council is boxed in from previous decisions of Council.

Wayne Wilcox, resident, asked about the property ownership and who will maintain the property. Mayor Green said the City owns the property and is already maintaining it. Mr. Wilcox agrees with Councilman Ford.

Ted Noftall, resident, doesn't believe Council should be in the real estate market.

 

Motion to approve Item #8 as presented made by Vice Mayor Pohlmann, and Seconded by Mayor Green. Motion carried by 3-2 roll call vote. Councilman Ford and Councilman Kennedy

 

REPORT FROM ADVISORY BOARD

 

13. Citizen Advisory Committee for TPO

 

Bobby Ball presented the report for TPO. Mayor Green asked Mr. Ball to discuss the slip lane from I-95.

 

FINANCE (John Shelley)

 

14. Resolution No. 12-9 – Budget Appropriations

 

Mayor Green read Resolution No. 12-9.

 

RESOLUTION NO. 12-9

 

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. 12-9 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mr. Parker explained that the Riverwalk appraisal is included in the appropriation. It will only be done if a proposal is submitted and accepted by Council and CRA, same discussion on Gamble property. Mr. Parker explained that the City Clerk's office is codifying ordinances more often to stay up to date, as well as the other items included in the appropriation, i.e. skateboard park renovations, increase in mowing, training, reserve for 2006 GO Bond projects, PT staff in Customer Service and postal services, and Golf Course bridge repairs.

Councilman Ford doesn't want to pay for a lobbyist, or an appraisal for the Gamble property.

Councilman Burnette asked about the appraisal for Gamble. He doesn't want to approve an appraisal until Council has discussed whether or not the Council wants to move forward with it.

Vice Mayor Pohlmann doesn't believe the City should have to buy the Gamble property at all since it's been donated to the Conservancy and then given to the Museum. He's not ready to move forward with buying the property. He's not in favor of appraising it.

Mayor Green thinks the City should buy the property but Council doesn't want to, he wants to move on. Mayor Green disagrees with the skatepark.

 

Mayor Green asked for public comments, there were none.

 

Motion failed by 1-4 roll call vote. Councilman Burnette voted yes, all others voted no.

 

Mr. Parker advised that there are certain items in the budget resolution that need to be addressed because Council has already approved the work. Councilman Burnette suggested that they take each item individually and vote on each.

 

Motion to approve the Riverwalk budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve the Gamble appraisal budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion failed 1-4 on a roll call vote. Councilman Burnette voted yes, all others voted no. Mayor Green reserved to right to reconsider.

Motion to approve Pittman budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 roll call vote. Councilman Ford voted no.

Motion to approve the internal audit budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve the Town Center mowing and clearing budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve the City Clerk’s codification budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve Community Development salary budget item made by Councilman Burnette and Seconded by Councilman Kennedy. Motion carried 4-1 roll call vote. Mayor Green voted no.

Motion to approve the Public Works mowing budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve the Parks mowing budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve skate park budget item made by Councilman Burnette and Seconded by Councilman Kennedy. Motion carried 4-1 roll call vote. Mayor Green voted no.

Motion to approve the training budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve GO Bond budget item made by Councilman Burnette and Seconded by Councilman Kennedy. Motion carried 4-1 roll call vote. Mayor Green voted no.

Motion to approve the part-time customer service employees and postal services budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve the bridge budget item made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

Motion to approve the Town Center mowing budget item made by Councilman Ford, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Motion to approve Resolution No. 12-9 with the amendment to exclude the Gamble appraisal made by Vice Mayor Pohlmann and Seconded by Councilman Kennedy. Motion carried 4-1 roll call. Mayor Green voted no.

 

PUBLIC SAFETY (Gerald Monahan)

 

15. Resolution No. 12-8 – Traffic Enforcement Agreement with Royal Palm PUD Residents’ Association, Inc.

 

Mayor Green read Resolution No. 12-8.

 

RESOLUTION NO. 12-8

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA APPROVING A TRAFFIC ENFORCEMENT AGREEMENT WITH THE ROYAL PLAM PUD RESIDENTIAL HOMEOWNERS ASSOCIATION, INC.; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE TRAFFIC ENFORCEMENT AGREEMENT ON BEHALF OF THE CITY OF PORT ORANGE; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-8 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote after no public comments.

 

ADMINISTRATION (Ken Parker)

 

16. Discussion on joining the Let’s Move Volusia YOUth Coalition

 

John Junco addressed Council relating to the initiative from the First Lady, he introduced Theresa Moran. Mayor Green asked what is requested of the City. Mr. Junco said there is no financial burden for the City. Councilman Ford doesn't know what he is being asked to agree to. Mr. Junco explained that it is an educational project to teach children and other people proper eating and exercising. Ms. Moran explained the commitment from the City. Councilman Ford believes the issues can be controversial. Mr. Junco explained an idea similar to Family Days, of an event for health and fitness, as well as through the boy scouts with a camporee for teaching the boys and families health and fitness. He has other ideas to promote the idea if Council is agreeable.

Ted Noftall doesn't agree with the Council agreeing to this item.

Councilman Ford will consider the events Mr. Junco addressed, but he doesn't agree with the idea of agreeing with a general idea. He wants more concrete information.

Councilman Burnette agrees, wants it to go to Staff and come back with a program rather than an idea.

Vice Mayor Pohlmann doesn't understand why the City needs to approve it before the program is set.

Councilman Kennedy wants a more concrete plan as well.

All support the general idea, but want more details on the actual event.

Mr. Junco gave details of his idea for the event and advised that he will meet with Staff and bring back a detailed plan.

 

17. Discussion with Waste Pro regarding route changes

 

Bob Wolk, Waste Pro, addressed Council relating to the routes throughout the City. Tuesday and Friday collections have been running later than Monday and Thursday, which is running early. The routes appear to be out of balance. He is requesting a change in the collection of approx. 700 homes. He provided a map to Council. He proposes that he would select a transition date, provide door hangers, publish it in the newspaper, prepare a newsletter, and hold public meetings.

Councilman Kennedy has no problem with the change.

Vice Mayor Pohlmann agrees, as long as it's picked up, no problem.

Mayor Green is ok with it as long as the residents are advised ahead of time.

Councilman Burnette also agrees. From a service stand point, it is a good thing. He asked if phone calls could go out to the affected residents.

Vice Mayor Pohlmann suggested the use of an electric sign with a notice.

Consensus is as long as the residents are aware of what is happening, the change is fine.

Mayor Green asked for public comments, there were none.

 

COUNCIL COMMENTS

 

18. Comments/Concerns from Council Members

 

Councilman Ford would like Community Development to look into the banner on Atlantic Marina.

Councilman Burnette thinks Parks and Recreation should have a Facebook page to announce changes and sign ups, etc. He'd also like Council to consider an iphone app for emergency and general city news. He asked for a report relating to changes in Public Works. Mr. Parker said there will be a report coming after the internal audit is finalized. Councilman Burnette asked about data from the Zimak machine. He would like a report relating to the usage and revenue and expenses. Councilman Burnette asked about flashing lights for school zone on Willow Run. Mr. Parker will ask about solar signs. Councilman Burnette recognized the Spruce Creek High School student accomplishments. He wants to recognize them as they have others.

Vice Mayor Pohlmann asked what the next step is for Warren Pike. Mr. Parker said he can appeal it with the Civil Service Board. Councilman Pohlmann asked about the lights on Taylor and Dunlawton- there is no flow.

Councilman Kennedy asked about the sign ordinance relating to political signs. Attorney Roberts advised that it has been addressed by Community Development and the Clerk’s office.

Mayor Green wants code officers to work seven days a week, he wants them to rotate.

Mr. Parker asked that the shade meeting be rescheduled due to the late hour. Council agreed.

ADJOURNMENT:    9:49p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager