REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
APRIL 24, 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
Mayor Green asked Florida League of Cities representatives to introduce themselves. They are here shadowing the City Manager.
SPECIAL RECOGNITION, PROCLAMATIONS, AWARDS, REPORTS
4. Spruce Creek High School Jazz Band
Dr. Sparger advised that the Jazz Band is not available tonight and asked that they be invited to attend next week instead.
5. Spruce Creek State Science Fair Participants
Spruce Creek State Science Fair participants introduced themselves to Council. Mayor Green presented the students with a Certificate of Achievement. Mr. Sparger recognized the science teachers. Dr. White thanked Council for their recognition. Mayor Green thanked the teachers for their service.
6. Arbor Day Proclamation
Mayor Green read a proclamation for Arbor Day.
7. Police Recognition Awards
Chief Monahan and Asst. Chief Miller presented awards to three police officers.
Ricardo Catarina, Regional Director of KemperSports, provided the quarterly update for the 2nd quarter. Mike Collins, General Manager, provided Council with upcoming event dates.
TOWN CENTER CRA MEETING
· Approval of Minutes
· Authorization to Issue Bid for Concessionaires in City Park Areas in Port Orange Town Center
The City Council meeting recessed at 7:31 pm to hold the Town Center CRA Special Meeting, minutes of which are under separate cover.
The City Council meeting reconvened at 8:03 pm.
CITIZEN PARTICIPATION (Agenda)
9. Request to waive business tax penalty fee for Space Coast Credit Union
Mr. Parker presented the information relating to the business tax receipt issues with Space Coast Credit Union. No one from the Credit Union is present. They are requesting that the penalty fee be waived due to them not having a manager for several months and the invoice falling through the cracks. Mayor Green says no, do not waive fees. Councilman Kennedy agrees; proper and sufficient notice was given. Vice Mayor Pohlmann asked how many other businesses have paid the late fee. Libby Diamond, Community Development Code Officer, said 700 second notices were sent, and approximately 50 paid the $250 late fee. Councilman Burnette believes it's the businesses responsibility to get the bill paid on time. Councilman Ford doesn't believe they can approve this one without refunding the other 50 who paid the late fee. Consensus is not to grant the request.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Ted Noftall supports the City Manager's decision to uphold the firing of Warren Pike. However, he doesn't believe Mr. Pike was the only one involved. He believes others would have to know about the issues. He would like Council to investigate others in the City as to these issues. Mayor Green agreed and advised Mr. Parker to do a review of the staff. Mr. Noftall asked that Council do the investigation rather than have Mr. Parker investigate himself, essentially. Mr. Parker advised that the internal audit is for that purpose.
10. Project Managers’ Report
11. Staff Reports - Building Activity Report and Monthly Development Activity Report for March, 2012.
12. License Agreement – 5829 Riverside Drive; Case no.: 12-97500001
13. Large Meter Replacement Contract with Mullins Underground Inc. and Purchase Order Revalidation and Additional Work Authorization
14. Approve Allied Aquatic, Inc. for Treatment of Lakes, Retention Ponds, Canals and Ditches
15. Change Order No. 20-R&R Industries – City Hall Roof Project
16. Change Order No. 21-R&R Industries – City Hall Roof Project
17. Change Order No. 22-R&R Industries – City Hall Roof Project
18. Change Order No. 23-R&R Industries – City Hall Roof Project
Councilman Ford requested that Items #16, 17, and 18 be pulled for further discussion.
Motion to approve Consent Agenda Items #10-15 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Councilman Ford asked how to avoid the roof debacle and the architect issues in the future. He also asked that the trees around City Hall be trimmed rather than taken down. Mr. Parker assured him they will be trimmed. Mayor Green explained that the problems with the roof and architect have been addressed.
Motion to approve Consent Agenda Items #16, 17, and 18 made by Councilman Ford, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.
FINANCE (John Shelley)
19. Monthly Financial Report
John Shelley provided the Monthly Financial Report, which includes the Golf Course report and YMCA report.
Motion to accept the report made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
20. Second Reading – Ordinance No. 2012-7 – Rezoning/City of Port Orange Dunlawton Ave./Herbert St. block, east of Florida East Coast Railroad, Case no.: 12-60000001
Mayor Green read Ordinance No. 2012-7.
ORDINANCE NO. 2012-7
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUISA COUNTY, FLORIDA, REZONING PROPERTY CONSISTING OF APPROXIMATELY +/- 1.35 ACRES LOCATED BETWEEN DUNLAWTON AVENUE AND HERBERT STREET, EAST OF THE FLORIDA EAST COAST RAILROAD, AND WEST OF ORANGE AVENUE FROM “CI” (COMMERCIAL INDUSTRIAL) AND “NP” (NEIGHBORHOOD PRESERVATION) TO “ORT” (OFFICE/RESIDENTIAL TRANSITION); PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2012-7 on Second Reading made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Councilman Ford asked Staff to check on the number of apartments on the East side of the City.
Mayor Green asked for public comments; there were none.
Motion carried unanimously by voice vote.
21. First Reading – Ordinance No. 2012-8 - Small Scale Future Land Use Amendment/ Summit Golf Center/Tim Peightal (Case no. 12-20000001)
Mayor Green read Ordinance No. 2012-8.
ORDINANCE NO. 2012-8
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AMENDMENTS TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR AN AMENDMENT OF APPROXIMATELY 9.9 ACRES LOCATED AT 4116 S. NOVA ROAD FROM CONSERVATION TO WAREHOUSE/INDUSTRIAL TRANSITION; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion to approved Ordinance No. 2012-8 on First Reading made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.
Penelope Cruz, Principal Planner, advised Council that the item is pursuant to the settlement agreement already approved by Council with Summit Golf Center and Tim Peightal. Councilman Ford doesn't agree with it at all and will vote against it. Councilman Burnette agrees and doesn’t like being put in this position. Vice Mayor Pohlmann doesn't want this either, but for the sake of the taxpayers money, they must move forward. Councilman Kennedy is not in agreement either but there is not much choice. Mayor Green reminded Council that there are other items that need to be handled before they can move forward with any type of development.
Ed Donini, attorney for the applicant, advised that it was an agreement between the parties. They are not here to argue the case. Penny Cruz explained the process for the applicant to go through for development.
Motion carried by 3-2 roll call vote. Councilman Ford and Councilman Burnette voted no.
22. Request to Reduce the comprehensive Plan Amendment Application fee/Case no. 12-20000001
Motion to approve the request to reduce the application fee for Case no. 12-20000001 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.
Mr. Parker advised that Staff has calculated their time at $831.68. Penelope Cruz, Principal Planner, advised that the application fee has been paid twice because of the lawsuit. She explained the costs incurred. Councilman Ford is not inclined to reduce the fees. The applicant has forced the City to follow the law and the applicant should also follow the law. Attorney Roberts explained the fee reduction analysis. Vice Mayor Pohlmann is willing to reduce it by one half (to $1250). Councilman Kennedy agrees.
Motion carried 3-2 by roll call vote. Councilman Ford and Councilman Burnette voted no.
Motion to reduce the fee to $1250 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote. Councilman Ford voted no.
HUMAN RESOURCES (Rob Zicker)
23. Annual City Employees’ Health Insurance Renewal
Rob Zicker addressed Council relating to the Florida Health Care insurance renewal. The rates are going up 8.8% overall. Mr. Shelley advised that Cyber Consulting reviewed the quote and they believe it is a fair quote. Mayor Green asked how retirees are handled. Mr. Parker advised that retirees can elect to stay on the insurance plan by paying 100% of the costs (employee portion and employer portion). Councilman Burnette cautions the decrease in benefits. He doesn’t want that to happen year after year.
Motion to approve the renewal made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote, after no public comments.
ADMINISTRATION (Ken Parker)
24. Resolution No. 12-18 – Public Records Fee Policy
Mayor Green read Resolution No. 12-18.
RESOLUTION NO. 12-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, TO REVISE AND ESTABLISH CITY FEES FOR PUBLIC RECORDS REQUESTS IN CONFORMANCE WITH FLORIDA STATUTES CHAPTER 119; SUPERSEDING ANY PRIOR RESOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-18 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote, after no public comments.
25. Resolution No. 12-19 – Permitting Palmer College Foundation, Inc. to rename the Allen Green Civic Center during the term of their Lease Agreement
Mayor Green read Resolution No. 12-19.
RESOLUTION NO. 12-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, TO PERMIT PALMER COLLEGE FOUNDATION, INC. TO RENAME THE ALLEN GREEN CIVIC CENTER DURING THE TERM OF ITS LEASE; SUPERSEDING ANY PRIOR RESOLUTION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-19 made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote, after no public comments.
26. Resolution No. 12-20 – Calling a Primary and Regular Election for Mayor and Council Member - District Three
Mayor Green read Resolution No. 12-20.
RESOLUTION NO. 12-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, CALLING A PRIMARY AND REGULAR ELECTION FOR THE PURPOSE OF ELECTING MAYOR AND DISTRICT 3 CITY COUNCIL MEMBER; PROVIDING FOR QUALIFYING DATES AND ELECTION DATES; PROVIDING FOR PROCEDURES FOR QUALIFYING BY PETITION; AUTHORIZING THE CITY CLERK TO MAKE ALL ARRANGEMENTS NECESSARY FOR SAID ELECTIONS; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-20 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Ted Noftall asked to clarify the start date for obtaining signatures on the nominating petitions. Attorney Roberts and Mayor Green advised that the candidates can begin now. Discussion was held relating to the state date previously being during the qualifying period. Robin Fenwick, Deputy City Clerk, addressed Council and advised that the past practice of requiring candidates to obtain signatures only during the qualifying period is not found in State Law, City Ordinances/Resolutions, or City Charter. She is not sure where, when, or why that practice started. Ms. Fenwick has confirmed with the Supervisor of Elections that the County Staff will be hard pressed and there is no guarantee that they will verify all of the signatures during the qualifying period and she would prefer to have the petitions earlier. Further discussion was held regarding language to clarify the start date.
Motion to amend the resolution to include this statement “A candidate may begin collecting signatures as required by state law” made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Motion to approve the amended Resolution No. 12-20 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Ms. Fenwick will advise current candidates of the Resolution and ensure that they are aware of the process.
27. Council discussion on City Manager selection process
Mr. Parker asked Council for discussion and direction on what process they want to use for the new City Manager selection.
Councilman Ford doesn't want to use a private company. He wants a citizen review committee of 10. He wants the Range Riders to publicize and give direction to avoid mistakes. He feels HR should facilitate and coordinate the applications.
Councilman Burnette agrees; he definitely wants a citizen review committee.
Vice Mayor Pohlmann does not want to go with the executive search firm either. He supports the Range Riders and a citizen review committee. He asked about an expense account. A budget needs to be set.
Councilman Kennedy also agrees with Range Riders and a citizen review committee of 10.
Mayor Green asked if there are other companies with ICMA who can help with the process.
Howard Tipton advised that he can only serve as a citizen and would be happy to do so. He advised that a calendar should be set sooner rather than later. Mr. Tipton said there are no other organizations other than private companies to help with the search.
Mayor Green asked if HR can handle the process. Mr. Parker said they are just the gatekeeper of the applicants, not evaluating the applications and yes, HR can handle it. Mr. Tipton advised that the HR Director would be in charge normally and would be the one to coordinate with the police department for background checks and other departments as necessary. Mr. Parker said he will supplement the HR department as needed.
Ted Noftall advised Council that he believes ICMA is for big government. Mr. Parker disagrees. Mr. Noftall wants Council to make sure they look at applicants with a business background not just government backgrounds. He wants Council to look for an applicant who is efficient, productive, etc.
Councilman Ford wants to have Council sit down and figure out their criteria.
Mayor Green agrees and asked for a one-hour meeting to set the criteria. Mr. Parker will schedule a meeting.
28. Comments/Concerns from Council Members
Vice Mayor Pohlmann reminded citizens of the swimming lessons provided by some of the YMCA facilities.
Councilman Burnette reminded citizens that Saturday is the Relay for Life at City Center beginning at noon, and Founder’s Day is Thursday at 2pm at the Adult Center.
Mayor Green asked for the costs of the RFP for town center.
29. City Council Committee Reports
a. City Investment Committee – Councilman Kennedy reported that the meeting was moved to May 15th.
b. Transportation Planning Organization (TPO) - Councilman Ford reported that the TPO discussed the I-4 corridor.
c. Library Advisory – Councilman Kennedy reported that the Library Advisory Board meets on Thursday, April 26, 2012.
d. Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported that they meet on May 21. Mayor Green asked about the voting of the contract. Mr. Parker advised that May 7th is the vote calculation.
e. Municipal Police Officers Retirement Trust – Councilman Kennedy reported that they meet in May.
f. General Employees General Retirement Trust - no report given, meeting set for employees on Thursday, April 26, 2012.
g. YMCA – Vice Mayor Pohlmann reported that John Shelley provided the written report on the financial status of the YMCA.
h. Volusia Council of Governments (VCOG) - Mayor Green asked if the City had a DARE program. Mr. Parker said yes, previously. Mayor Green would like to see it or a similar program brought back.
i. Volusia League of Cities - Mayor Green reported that they meet on May 24th for awards.
j. ArtHaus – Councilman Burnette reported that the Fun and Funky dinner last week was successful but did not raise as much money as budgeted and as previous years. Donations are greatly needed to keep the ArtHaus open.
k. Port Orange/South Daytona Chamber of Commerce - no report given.
l. Golf Course Board of Directors – Mayor Green reported that the Golf Course report was given by KemperSports earlier in the meeting.
m. Communications Interlocal Agency (CIA) - Shannon Lewis, Assistant City Manager, gave an update on the transition. There are some minor issues with reports previously provided that are not being provided now. They are working through those issues.
Mayor Allen Green
Kenneth W. Parker, City Manager