REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MARCH 20, 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
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
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Fred Griffith representing the Boy Scouts of America, invited the Mayor and Council, as well as the City Manager and City Attorney, to the Golden Eagle Dinner in New Smyrna Beach on April 12, 2012. Mr. Griffith is sponsoring a table. The honoree is Jim Hathaway. Mayor Green gave kudos to the recent Eagle Scouts and thanked Mr. Griffith for his involvement with the Scouts.
Rev. Larry Deitch addressed Council relating to Warren Pike's termination.
4. Approval of Minutes
a. February 28, 2012 – Regular City Council Meeting
b. March 6, 2012 – Special City Council Meeting (General Employees’ Pension)
c. March 6, 2012 – Regular City Council Meeting
5. Staff Reports - Building Activity Report and Monthly Development Activity Report for February, 2012.
6. Mobile Data Terminals (laptops) for Port Orange Motors
7. Validation of Sole Source Vendors for Standardization Purposes
8. Approval to seek and obtain information from parents to transfer participant information by way of release and waiver forms to Babe Ruth in order for the City to participate in their program
9. Ranking of Underwriter Proposals on RFP #12-24 Lending or Investment Banking Services
10. Appraisal Services – Riverwalk Properties
11. Restatement and Amendment of Dredging & Marine Consultants Professional Services Contract pursuant to R.F.S.Q. #08-02
12. Engineering Services Contract with Quentin L. Hampton Associates, Inc. for Utilities Mapping Services per Addendum No. 24
Councilman Burnette requested that item #8 be pulled for further discussion.
Mayor Green requested that item #10 be pulled for further discussion.
Councilman Ford requested that item #11 be pulled for further discussion.
Motion to approve Consent Agenda Items #4-7, #9, and #12 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #8: Councilman Burnette wants to know what other cities are doing with minor’s information as it relates to Babe Ruth. Attorney Roberts advised that others are not doing anything. They provide the information without a release from the parents/guardians. Attorney Roberts advised that the information is protected for minor children and explained that this will relieve the City of the liability of releasing the information. Councilman Burnette is concerned it would be hard for parents to sign their children up with Babe Ruth. He doesn’t want it to be complicated. Mr. Parker advised that Staff can notarize the document(s).
Motion to approve Consent Agenda Item #8 made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #10: Mr. Parker asked that item #10 be sent back to Staff until Council and the Town Center CRA review the proposal. Discussion was held relating to the process of exchanging property and appraisals. The consensus of Council is to send it back to Staff.
Item #11: Councilman Ford has a concern with the price involved on the "dock to nowhere". He asked if Staff can do the inspections. Mr. Parker said no because it's in the water and Staff members don’t have the certifications required. Mr. Parker explained that the project bid was modified. Discussion was held with Shailesh Patel of DMC, on what is included in the bidding process, as well as what services are provided in the inspection services. Councilman Ford still feels the costs are too high. He'd rather spend the money on ball fields, etc. Mr. Patel believes the inspection services will confirm the quality of the dock being built. He advised that the cost of the inspection is based on the length of time of construction not the total cost of the project. Councilman Kennedy asked for the total of the project. Kent Donahue, Special Assistant to the City Manager, advised that the grant was $400,000 with a City match. The bid came in less than expected. Mayor Green asked for public comments, there were none.
Motion to approve Consent Agenda Item #11 made by Vice Mayor Pohlmann, and Seconded by Councilman Burnette.
Mr. Parker reminded Council that the contract has been awarded to Saboungi. Vice Mayor Pohlmann reminded Council that the commitment of Council has been made in the past and the bid was awarded. Brief discussion was held regarding the grant monies that could be recalled.
Motion carried 4-1 by roll call vote, with Councilman Ford voting no.
Council all agreed that they would like to have the full package together in the future so they can see total costs, not piece meal.
13. Board Appointments
a. Police Pension Fund Board Appointment (Tabled from February 28, 2012)
Remained on the table.
REPORT FROM ADVISORY BOARD
14. Citizen Advisory Committee for TPO
Bill McCord, Principal Planner, provided the TPO report in Bobby Ball's place. Mayor Green asked Councilman Ford and Mr. McCord to discuss the stacking lane going into the post office on Dunlawton. Vice Mayor Pohlmann asked for an explanation regarding the work provided on the sidewalks under I-95. Mr. Parker advised that the funds came from the Pavilion project. Mayor Green stated that it was a safety issue for pedestrians and bikes.
FINANCE (John Shelley)
15. Resolution No. 12-13 – Revising rates for residential garbage, recycling, and yard waste, energy charge, and landfill fee, thereby replacing and superseding Resolution 11-38
Mayor Green read Resolution No. 12-13.
RESOLUTION NO. 12-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ESTABLISHING REVISED SERVICE CHARGES AND RATES FOR COLLECTION AND DISPOSAL OF GARBAGE, RECYCLABLE MATERIAL AND YARD WASTE; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-13 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Vice Mayor Pohlmann asked about the extra monies in the solid waste fund. Mr. Parker explained that the first money used during the 2004 storms was from the solid waste fund and this would help fund an event like that. Vice Mayor Pohlmann asked if this equity could also be used to offset fuel adjustments. Mr. Parker agreed and advised that Council would have that option.
Motion carried unanimously by roll call vote.
16. Resolution No. 12-14 – Budget Appropriations
Mayor Green read Resolution No. 12-14.
RESOLUTION NO. 12-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, APPROPRIATING OPERATING FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-14 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.
17. Resolution No. 12-15 – Budget Carryover Appropriation Policy
Mayor Green read Resolution No. 12-15
RESOLUTION NO. 12-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, ADOPTING A BUDGET CARRYOVER APPROPRIATION POLICY, SUPERSEDING PRIOR RESOLUTIONS; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-15 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.
PUBLIC SAFETY (Gerald Monahan)
18. Fire and/or Rescue Service Mutual Aid with Volusia County
Motion to approve the Mutual Aid Agreement with Volusia County for Fire and/or Rescue Service made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Mr. Parker advised that this item has already been approved by Council and that the only change relates to a minor map change.
Chris Weir, Fire Marshal, advised that the map changes relate to more equally distributing resources. Councilman Burnette asked for a report as to how much aid is given vs. what is received. Mr. Parker advised that Ken Burgman is preparing the information requested.
Mayor Green asked for public comments, there were none.
Motion carried unanimously by roll call vote.
PARKS AND RECREATION (Susan Lovallo)
19. First Reading – Ordinance No. 2012-6 - Amendment to the Code of Ordinances of the City of Port Orange, Florida, Chapter 50, Sections 50-58 and 50-61, increasing the number of members of the Parks and Recreation Advisory Board from seven to ten, authorizing the chairman to break a tie vote and increasing the number of members required for a quorum to six, and removing a restriction on service on other city boards
Mayor Green read Ordinance No. 2012-6.
ORDINANCE NO. 2012-6
AN ORDINANCE AMENDING CHAPTER 50, SECTIONS 50-58 AND 50-61, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ORANGE, FLORIDA, AMENDING THE COMPOSITION AND QUALIFICATION OF MEMBERS OF THE PARKS AND RECREATION BOARD TO INCREASE THE NUMBER OF MEMBERS FROM SEVEN TO TEN; REMOVING A RESTRICTION ON SERVICE ON OTHER CITY BOARDS; AUTHORIZING THE CHAIRMAN TO CAST A TIE BREAKING VOTE; INCREASING THE NUMBER OF MEMBERS CONSTITUTING A QUORUM TO SIX; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2012-6 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote after no public comments.
20. Discussion relating to the authorization to issue RFP# 12-11 Golf Course Management Services
Shannon Lewis, Assistant City Manager, addressed Council relating to the RFP for the Golf Course Management Services. Ms. Lewis asked Council for some direction relating to several items as listed on the DF:
Does the City Council want to consider any offers to sell the golf course? All said no, now is not a good time to sell.
Does the City Council want to serve as the ranking and selection committee? All said yes.
Does the City Council want to consider offers that include the proposer purchasing the carts and equipment? Mr. Parker explained that the equipment has been owned by the city for a while and if the company defaults, the city still has the equipment and can bring in another company quickly and easily. Council agreed to have the City continue owning the carts and equipment.
Ms. Lewis asked about ponds continuing to be maintained by PW. All agreed.
Does the City Council want a purely fixed management fee or will there be consideration for any revenue sharing? All agree to revenue sharing as long as it complies with Internal Revenue Code requirements.
Ms. Lewis asked how long of a term Council would want for the management company. Council agreed to a term of 5 years with an option for a 5 year extension, same as it currently is.
Separation of the golf course and the restaurant: Staff recommends leaving it as is (together). Mayor Green advised that the Golf Board has discussed it in the past and Kemper didn't agree with it. Mayor Green said the size of the kitchen is an issue that needs to be addressed. He believes some maintenance costs need to be set aside.
Consensus of Council is to move forward as discussed.
HUMAN RESOURCES (Rob Zicker)
21. First Reading – Ordinance No. 2012-4 – Revision of Article V, Chapter 54, Section 54-122 of the Police Pension Fund Ordinance in order to comply with recent changes to Florida Statutes.
Mayor Green read Ordinance No. 2012-4.
ORDINANCE NO. 2012-4
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 54, ARTICLE V, CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA, ENTITLED “POLICE PENSION FUND”; AMENDING SECTION 54-122, DEFINITIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING RIGHTS OF CERTAIN SEPARATED EMPLOYEES NOT AFFECTED; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2012-4 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Mr. Parker explained the need for the change per State Statute. He said UAAL is supposed to go down with the changes. Mayor Green asked for public comments, there were none.
Motion carried unanimously by roll call vote.
22. First Reading – Ordinance No. 2012-5 – Proposing revisions to Chapter 2, Article I, Section 2-2, Fingerprinting, other identification of officers and employees, City of Port Orange Code of Ordinances
Mayor Green read Ordinance No. 2012-5.
ORDINANCE NO. 2012-5
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE I, SECTION 2-2 OF THE CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA, CURRENTLY ENTITLED FINGERPRINTING, OTHER IDENTIFICATION OF OFFICERS AND EMPLOYEES; RENAMING THE SECTION; PROVIDING FOR COMPREHENSIVE PRE-EMPLOYMENT BACKGROUND SCREENING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2012-5 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Heather Carrizales, Human Resources Assistant, explained that this ordinance is for pre-employment. Councilman Ford doesn't feel good with taking out the need for fingerprinting, especially for finance positions handling money, police, etc. He'd like to see an Ordinance split to include fingerprinting for sensitive positions. Consensus is to bring it back with costs for fingerprinting.
ADMINISTRATION (Ken Parker)
23. Discussion relating to Neighborhood Investment Program
Mr. Parker asked Council if they are ready to discuss the neighborhood investment program. It was discussed last year and Council wanted to readdress it in 2012.
Councilman Burnette likes the program and believes it was implemented well in the past.
Councilman Ford has concerns because it excludes 3/4 of the city because they don't have a homeowners association. He wants criteria set and it to be open to neighborhoods with and without an HOA. He'd like it extended to businesses as well.
Vice Mayor Pohlmann supports the program but is concerned with the neighborhoods that take care of their properties being penalized. He agrees it needs strong criteria. He suggested some of the money being used on “Welcome to Port Orange” signs.
Councilman Kennedy agrees
, the program has worked well in the past. He'd
like to see it work for non-HOA neighborhoods in particular relating to fencing.
Mayor Green suggested money be set aside to make a big difference as well as the smaller projects.
Mr. Parker advised that Staff will develop criteria and bring it back for Council’s review.
24. Discussion relating to Code Enforcement Officer assistance program
Mr. Parker explained the program in Deland for lot mowing. He advised Council of the current process for Public Works to get mowing done after code enforcement action. It can take several weeks or more.
Councilman Kennedy asked how the contractors are determined. Mr. Parker said it would be bid out.
Mayor Green asked if homes could be boarded up better.
Vice Mayor Pohlmann said the CEB process takes too long, this would be good to help speed up the process.
Councilman Ford asked if this is cheaper than adding staff to public works. Mr. Parker said yes.
Consensus is to move forward with more information to implement the program.
Councilman Ford asked why the City Attorney's office can't represent the code enforcement officers and another attorney for the City Attorney’s office represent the board. He doesn't agree with the City hiring an outside attorney to represent the Code Officers.
Attorney Roberts advised that the state law prohibits the City Attorney's office from representing both sides.
Mayor Green said legal fees need to be attached to the property.
Mr. Parker said staff will move forward with the program.
25. Discussion relating to the modification of Fund 623- Public Employees Savings Fund
Mr. Parker discussed the public works employee savings fund (623 fund) and how it was created and what it was used for. The funds are completely accounted for. Mr. Parker believes the fund has out lived its usefulness and should be closed.
Councilman Kennedy agrees to close fund.
Vice Mayor Pohlmann asked if there is a fund for retirements. Mr. Parker said there is an allocation for large number of retirees, but mostly it's done within the departments. Vice Mayor Pohlmann agrees to close it.
Councilman Ford doesn't like the fund and agrees with it being closed.
Mr. Parker will bring back a Resolution to close the fund.
26. Discussion relating to availability fees for water, sewer, and solid waste
Councilman Burnette requested that this item be discussed because it was brought to his attention by a citizen. He doesn't agree with availability fees, doesn't believe they are necessarily fair and would like to discuss the matter and if the fee is an appropriate amount. He understands where it comes from, but doesn't like it.
Mayor Green said the equipment has to be paid for by all properties.
Councilman Ford doesn't want to increase the fees to the other properties, and asked how you would account for when a resident is there and when they are not.
Vice Mayor Pohlmann doesn't want to change anything. He believes the rates are fair.
Councilman Kennedy agrees.
Mayor Green agrees with leaving the fees, there's a cost with it being available.
Ted Noftall addressed Council relating to commercial properties paying more than residential for water. Mr. Noftall said he is paying double what residences are paying. Mr. Parker said it's based on the meter size. Mr. Noftall would like to see Council treat commercial and residential water customers the same.
27. Comments/Concerns from Council Members
Betty Gonzalez and Maria Rickling introduced themselves. They are co-chairs of the Young Professionals Group’s Local Government Committee.
Councilman Kennedy asked how to make Bonks Landing a public launch. Mr. Parker will bring back information and check with the county's zoning. Councilman Kennedy asked if anyone else was receiving an excessive amount of spam email. All said they received some but no further discussion was held.
Vice Mayor Pohlmann supports the public launch. He advised that no citizen should hold back on their thoughts, opinions, and issues they may have with the Council or City Staff. There will be no repercussions. Council is here for them. He reminded residents that the YMCA is offering swimming lessons.
Councilman Burnette advised Council that on May 24th the Volusia League of Cities will honor Mike Ulrich as Employee of the Year, as well as Ken Parker with the Blaine O’Neil Award of Excellence, which is the highest award given by the League. Councilman Burnette asked if Council agrees to hear from the pension plan managers to share with them about the Council's thoughts. Mr. Parker asked exactly who they want to talk with. Councilman Ford would like Council to meet with their actuary to give directions. Councilman Burnette agrees. He reported that he met with Joie Alexander relating to the SE Volusia Advertising Authority. Arthaus is having a Fun and Funky dinner honoring Glen Ritchey on April 12, 2012. Arthaus is struggling financially.
Councilman Ford thanked Mr. Parker for his work even though retirement is eminent. He's happy with the auditors who were brought in. He's happy with the new technology and the accountability items coming in. Councilman Ford believes a Council initiative is needed to bring in middle management soon, and to further enhance education for current employees. He thanked Mr. Parker and the police department for their work relating to bike week. He believes it was much better than last year.
Mayor Green would like Council/Staff to recruit young people to get interested in City Government. He wants internal advancement.
Attorney Roberts advised Council that the legal department was also instrumental in the bike week plan. Mr. Parker agreed, and stated it was great teamwork.
Mr. Parker met with the YMCA about their growth “problem”. They will start having discussions with long term plans to expand. Staff is continuing to have discussions with the school board relating to a full size baseball field. The goal is to have the facility in place by next spring. Staff is also meeting with Volusia County regarding larger park lands.
Mayor Allen Green
Kenneth W. Parker, City Manager