REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS CITY HALL
1000 CITY CENTER CIRCLE
APRIL 17, 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
SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS
4. Eagle Scout Richard C. Devins, Jr.
Eagle Scout, Richard C. Devins, Jr. introduced himself to Council. Mayor Green apologized to Mr. Devins for missing his Eagle Scout ceremony. Mayor Green read the proclamation to Mr. Devins.
5. Police Recognition Awards
Chief Monahan and Assistant Chief Miller presented awards to a Volusia County deputy and three police officers.
6. Audit Report
Alex Kish provided Council with highlights from the audit report for FY2010-11, including total assets of $451.4 million, exceeded the liabilities of $144.8 million, net equity is $306.5 million, and total debt principal decreased by $12.7 million. Port Orange's millage rate is the lowest of the non-coastal east-side communities.
Ted Noftall asked if Mr. Kish could (1) explain the net pension obligation, (2) provide the CAFR within three (3) months of year end instead of six (6) months, and (3) explain why the prior management letter recommendations are not in the current management letter.
Mr. Kish explained the net pension obligation to Council. The auditing process takes time. They work as quickly as possible. Mr. Kish provided details of the management letter recommendations and compliance of previous recommendations.
Motion to accept report made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
EASTPORT CRA MEETING
The City Council meeting recessed at 8:11p.m. to hold an Eastport CRA Meeting, minutes of which are under separate cover.
TOWN CENTER CRA MEETING
The City Council meeting recessed at 8:35p.m. to hold a Town Center CRA Meeting, minutes of which are under separate cover.
City Council reconvened at 10:01pm.
CITIZEN PARTICIPATION (Non-Agenda 15 minutes)
Mayor asked for consensus to move the Citizen Participation up to be before the CRA Meetings. All agreed.
Luther Davidson, Amvets representative, addressed Council relating to the simulated gambling ordinance. He advised that Council has eliminated their ability to raise funds to donate back to the community. Mr. Davidson asked Council to reconsider the ordinance.
Mayor Green asked Mr. Parker how to amend the Ordinance to meet the needs of the Veteran's organizations. Ms. Roberts advised she can get information and bring it back. She would not recommend any action be made tonight. Councilman Ford wants clear information on the legal implications of the State Laws regarding the machines. Councilman Burnette doesn't believe that the intent of their ordinance was to restrict these organizations. Vice Mayor Pohlmann supports obtaining more information and discussing it at a future meeting. Councilman Kennedy agrees.
Doug Thompson addressed Council supporting Mr. Davidson's statements.
Ted Noftall doesn't agree with the Simulated Gambling Ordinance. Mr. Noftall spoke to Council regarding the pension UAAL. Mr. Noftall asked when the approval by Council was made to overpay the UAAL funds.
Mayor Green reminded Mr. Noftall that this current Council did not approve the changes made to the contracts regarding the pensions.
7. Approval of Minutes
a. March 27, 2012 Regular City Council Meeting
b. April 3, 2012 Special City Council Meeting (Police Pension)
c. April 3, 2012 Regular City Council Meeting
8. Appraisal Services Riverwalk Properties
9. Validation of Purchase of Replacement Lift Stations from Smith & Loveless, Inc.
10. Acceptance of ECHO Grant for All Childrens Playground Phase II
Councilman Burnette asked that item #8 be pulled for further discussion.
Motion to approved Consent Agenda Items 7, 9, and 10 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Councilman Burnette asked that Item #8: Appraisal Services be discussed with item #15: Recommendation from Proposal Evaluation Committee-RFP #12-2 Riverwalk Land Sale and/or Trade. All agreed.
Motion to approve item #8 made by Councilman Burnette, and Seconded by Councilman Kennedy.
Councilman Ford asked to delay the appraisals until after the first 30 days of the negotiating of the RFP. All agreed.
Motion to withdraw the Motion to approve item #8 made by Councilman Burnette and Second withdrawn by Councilman Kennedy.
The item will be brought back for Council consideration in 30 days.
REPORT FROM ADVISORY BOARD
11. Citizen Advisory Committee for TPO
Bill McCord gave the TPO report in Bobby Ball's place.
PARKS AND RECREATION (Susan Lovallo)
12. Second 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 Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
PUBLIC SAFETY (Jerry Monahan)
13. Crime Report
Chief Monahan provided the verbal and written crime report.
ADMINISTRATION (Ken Parker)
14. Resolution No. 12-17 - Dissolution of the 623 Fund Public Works Employee Savings Fund
Mayor Green read Resolution 12-17.
RESOLUTION NO. 12-17
A RESOLUTION OF THE CITY OF PORT ORANGE, FLORIDA, DISSOLVING THE PUBLIC WORKS EMPLOYEE SAVINGS FUND, FUND 623; PROVIDING FOR THE DISTRIBUTION OF THE 301 FUND BALANCE TO THE CAPITAL PROJECT FUND, FUND 301; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-17 made by Vice Mayor Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
15. Recommendation from Proposal Evaluation Committee-RFP #12-2 Riverwalk Land Sale and/or Trade
Mr. Parker explained that the Proposal Evaluation Committee and the CRA have recommended approval of negotiations with the proposal based on the RFP guidelines.
Motion to approve as presented made by Councilman Burnette and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote.
16. Voluntary Notice of Dismissal of the cross-claim brought by City of Port Orange in mortgage foreclosure case number: 2010-30388 CICI
Attorney Roberts explained the details of the item.
Motion to approve the City Attorney to file a Voluntary Notice of Dismissal of the cross-claim as presented made by Councilman Kennedy, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
17. Comments/Concerns from Council Members
Councilman Ford asked Mr. Parker about the closure of the bridge in Harbor Oaks. Councilman Ford asked about the permitting process and follow up inspections. Kerry Leuzinger, Building Official, explained that the inspectors are rolling over inspections daily. They are overworked. Councilman Ford asked about Masci working early mornings. Mr. Parker advised that the Police Department is patrolling.
Vice Mayor Pohlmann asked about the no right turn light at Summertrees. Mr. Parker will check with the County for the status.
Mayor Allen Green
Kenneth W. Parker, City Manager