REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

MAY 22, 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

 

SPECIAL RECOGNITION, PROCLAMATIONS, AWARDS, REPORTS

 

4.    POPD Art Contest Winners

 

Jerry Monahan, Public Safety Director, presented the Port Orange Police Department Art Contest winners with their awards (bicycles donated by Walmart and helmets from Volusia TPO). Chief Monahan thanked the judges of the contest.

 

5.    Local Business Spotlight

 

Debbie Connors, PO/SD Chamber of Commerce, introduced Terry Bachi of American Leak Detection. Mr. Bachi provided details of his business. Council members thanked him for coming.

 

6.    Report from KemperSports Management regarding Cypress Head Golf Course

 

Mike Collins, General Manager, provided the golf report for April, 2012. There has been a steady increase each month over last year. Mr. Collins provided flyers for special events happening at the golf course.

 

 

BOARD APPOINTMENTS AND INTERVIEWS

 

7.    Board Appointments

a.    Town Center CRA

 

Ben Talluto addressed Council regarding his service.

 

Motion to approve the re-appointment of Ben Talluto to the Town Center CRA made by Councilman Kennedy, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

b.    Environmental Advisory Board

 

Phil Klema addressed Council regarding his service.

 

Motion to approve the re-appointment of Phil Klema to the Environmental Advisory Board made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

TOWN CENTER CRA MEETING

 

·         Approval of Minutes – April 24, 2012

·         Update on Contract Negotiations relating to Riverwalk RFP

 

The City Council adjourned at 7:20p.m. to hold a Town Center CRA meeting, minutes of which are under separate cover.

 

City Council reconvened at 7:42p.m.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Melissa Siegfred addressed Council relating to her son's foundation and the Wiffleball tournament on June 9, 2012. The cost is $10 per player for competitive, free for non-competitive. There will be raffles, food, competitive and non-competitive teams, and lots of fun. Mayor Green thanked Ms. Siegfred for her service to the community.

 

Brendan Galbreath addressed Council relating to the old Chi Ling property and the fee of $8,500 that he is being charged. He wants to know what the fee goes to. Mayor Green said he would look into it and get back with him. Mr. Parker advised Council that the CRA is able to provide grants for this property.

 

Scott Webb addressed Council with thanks relating to the cleanup in Springwood Sq. He wants to know if there are grants that the neighborhood can apply for to build a playground. Mr. Parker said Staff will talk to him about some options.

 

Ted Noftall addressed Council regarding the fire pension deal and whether it is in the shade or open to discuss. City Attorney, Margaret Roberts said there are articles that have been resolved. Yes, Chapter 175, F.S., is still included. Foster and Foster has to do the official actuarial report.

 

Gregg Bastian addressed Council relating to fire services and pay. He doesn't agree with the imposed retroactive pay cuts. Going forward is ok, but retroactive is not.

 

Kim Rumery addressed Council relating to the fire services and retroactive pay cuts.

 

Corey Burman addressed Council relating to the fire services and the pay cuts. Mr. Burman wants Mayor Green to sell his personal property and the Council to volunteer their time rather than get paid.

 

Jimil Sheikh addressed Council relating to his neighbor, George Travoto, who is running for office. He doesn't believe he should be elected to office.

 

Kayvon Zomorodian addressed Council relating to the education tuition for firefighters that is being cut.

 

CONSENT AGENDA

 

8.    Approval of Minutes

a.    May 8, 2012 – Special City Council Meeting (Richard Kelton)

9.    Project Managers’ Report

10. License Agreement – 11 Cedar Street

11. Engineering Services Contract with Quentin Hampton & Assoc., Inc. for the Replacement of the Sludge Press Building at the Garnsey Water Treatment Plant, as per Addendum No. 85

12. Electrical Services Contract with Economy Electric Company and Purchase Order Work Authorization

13. Well Drilling Services Wrap-Around Contract with Diversified Drilling Corporation and Purchase Order Work Authorization

14. 828 Sugarhouse Blvd. City of Port Orange vs. James V & Itala M. Kloos, Code Enforcement Board Case #12-443

15. Proposed Three Month Extension of the existing Volusia County License Agreement – South Swallow Tail Drive Votran Transit Transfer Station Case no. 11-97500005

16. Change Order #2 to Contract with McMahan Construction for Clarifiers Modifications and Improvements Project

 

Mayor Green requested that Item #12 be pulled for further discussion.

Councilman Burnette requested that Items #14 & 15 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #8-11, 13, and 16 made by Vice Mayor Pohlmann and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #12 – City Attorney, Margaret Roberts advised there is an agreement provided with changes including an addendum #1, which is now attached relating to the services to be provided and the payment of $35,120. 

 

Motion to approve the Contract with Economy Electric Company as amended made by Councilman Kennedy, and Seconded by Councilman Ford.

 

Mayor Green advised that he works with Economy Electric on another job in Daytona Beach and is abstaining from voting on this item. (A Voting Conflict form (Form 8B) was filed with the City Clerk after the meeting.)

 

Motion carried 4-0 by roll call vote.

 

Item #14 – Councilman Burnette agrees to move forward, but has a problem that it took this long to get to this point.

 

Motion to approve Item #14 made by Councilman Burnette, and Seconded by Councilman Kennedy.

 

Corey Burman said the fines for code violations are ridiculous.

 

Motion carried unanimously by voice vote.

 

Item #15 – Councilman Burnette asked what the Votran wants to do long term. Mr. Parker said enter into an Interlocal Agreement with street repairs included.

 

Motion to approve Item #15 made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

FINANCE (John Shelley)

 

17. Monthly Financial Report

 

John Shelley, Finance Director, provided the monthly financial update. No report from the YMCA.

 

Councilman Burnette asked about the amount listed under general, building special revenue, other revenue and transfer categories. Mr. Shelley will look into the amount listed and provide further information.

 

Councilman Ford asked about the golf course land payment. Mr. Shelley said the amount is $178,000 per year that never goes away. $2 per 18 holes played is transferred into R&R fund. There is a 5-yr capital plan.

 

Mayor Green asked for public comments; there were none.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

18. First Reading – Ordinance No. 2012-9 – Code of Ordinances Repeal of Pain Management Clinic Moratorium, Case no. 12-25000001

 

Mayor Green read Ordinance No. 2012-9.

 

ORDINANCE NO. 2012-9

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REPEALING CHAPTER 18, ARTICLE 1, SECTION 18-3 OF THE CODE OF ORDINANCES RELATING TO THE MORATORIUM PLACED ON PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approved Ordinance No. 2012-9 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Discussion was held relating to the number of prescriptions that can be written by a doctor. Councilman Kennedy said the number should be pulled from the medical association. Ms. Roberts advised that she spoke with a doctor of pain management who said 20 prescriptions would be enough. She advised that this ordinance is housekeeping.

 

Councilman Ford would like the ordinance to be passed with the instruction to staff to research a fair number of prescriptions that can be written.

 

Vice Mayor Pohlmann asked if the doctors are being monitored by the county or state.  Ms. Roberts said this is stricter than the state, the state does not have a number of prescriptions.

 

Motion carried unanimously by roll call vote.

 

19. First Reading – Ordinance No. 2012-10 - Land Development Code Text Amendments/Pain Management Clinic, Case no. 12-25000001

 

Mayor Green read Ordinance No. 2012-10.

 

ORDINANCE NO. 2012-10

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 2, SECTION 2 OF THE LAND DEVELOPMENT CODE RELATING TO DEFINITION OF PAIN MANAGEMENT CLINIC; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-10 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Further discussion was held relating to the number of prescriptions a doctor can write each day.

 

Mayor Green suggested tabling the item so as to allow the City Attorney to find out the fair number of prescriptions. Councilman Kennedy will research more as well.

 

Stan Hetrick addressed Council relating to prescriptions that may not work for individuals, so a second or sometimes third prescription is needed. He'd like a buffer in the number that is picked to allow for subsequent prescriptions to be written if a narcotic doesn't work for someone.

 

Discussion was held relating to the state registry and "pain management clinics".

 

Gregg Bastian agrees with Councilman Kennedy to get more than one doctor's opinion.

 

Ted Noftall addressed Council asking how the ordinance enhances the state's regulations. Councilman Ford answered that it is restricting where pain management clinics are opening. They are trying to obtain peace in the neighborhoods. There is a serious problem in the City for these areas to exist.

 

Motion to table the item for further research made by Councilman Ford, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote.

 

20. First Reading – Ordinance No. 2012-12 – Code of Ordinances Text Amendments/Pain Management Clinic, Case no. 12-25000001

 

Motion to table the item for further research made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

21. First Reading – Ordinance No. 2012-13 – Land Development Code Pain Management Clinic Moratorium repeal

 

Mayor Green read Ordinance No. 2012-13.

 

ORDINANCE NO. 2012-13

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REPEALING CHAPTER 16, SECTION 11 OF THE LAND DEVELOPMENT CODE RELATING TO THE MORATORIUM PLACED ON PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR REPEAL OF CONFLICTING ORDINACNES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-13 made by Councilman Burnette, and Seconded by Vice Mayor Pohlmann.

 

Mayor Green asked for comments; there were none.

 

Motion carried unanimously by roll call vote.

 

PUBLIC WORKS (Roger Smith)

 

22. Resolution No. 12-26 – State Highway Lighting Maintenance and Compensation Agreement

 

Mayor Green read Resolution No. 12-26.

 

RESOLUTION NO. 12-26

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, FLORIDA, APPROVING THE STATE HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT CERTIFICATION WITH FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE COMPENSATION AGREEMENT CERTIFICATION; AND SETTING FORTH AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-26 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mayor Green asked for comments; there were none.

 

Motion carried unanimously by roll call vote.

 

PUBLIC UTILITIES (Mike Ulrich)

 

23. Resolution No. 12-27 – Reclaimed Water Reservoir Mitigation Credit Sale/Purchase

 

Mayor Green read Resolution No. 12-27.

 

RESOLUTION NO. 12-26

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, FLORIDA, APPROVING THE RESERVATION, SALE AND PURCHASE 5.8 WETLAND MITIGATION CREDITS FROM THE PORT ORANGE WETLAND MITIGATION BANK; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS 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. 12-27 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mayor Green asked for comments; there were none.

 

Motion carried unanimously by roll call vote.

 

ADMINISTRATION (Ken Parker)

 

24. First Reading - Ordinance No. 2012-14 – Solicitor’s Permit clarifications

 

Mayor Green read Ordinance No. 2012-14.

 

ORDINANCE NO. 2012-14

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 18, ARTICLE VI, DIVISION 2, SECTION 18-149 OF THE CODE OF ORDINANCES RELATING TO SOLICITORS PERMITING; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-14 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Ford asked if this is giving more days. Robin Fenwick, Deputy City Clerk, explained that the language is actually just clarifying prior Council’s direction of thirty (30) days per year. She discussed the push back from applicants and the interpretation vs. past practice. Applicants are interpreting the code to be as long as they do not get a single permit that is 30 days then they can wait a day and apply for another permit. Councilman Ford disagrees that is what it says.

 

Councilman Burnette reminded citizens to contact the non-emergency police phone number if they see anyone out soliciting in the City.

 

Mr. Parker asked that the item be withdrawn and sent back to Staff for further clarification. 

 

25. Riverwalk Appraisals (Continued from April 17, 2012)

 

Mr. Parker withdrew the item until there is a contract on the properties. Consensus of Council was an agreement to withdraw the item until a contract is ready.

 

26. City Manager Selection Process – Citizen Committee

 

Councilman Kennedy said the previous discussion was that each Council Member would provide two citizens from the City of Port Orange. He agrees with that. Councilman Burnette suggested each member also provide an alternate.

 

Mayor Green wants to add Jim Ward and Mike Mellon to the list provided by Staff.

 

Vice Mayor Pohlmann agrees with each member providing two names. Mayor Green also agrees with Councilman Burnette’s suggestion for two members with one alternate.

 

Councilman Kennedy recommends Jeff Feasel and Jim Wetherell.

Vice Mayor Pohlmann recommends Jack Wiles and Howard Tipton.

Councilman Burnette recommends Mary Martin and Tom Jordan.

Councilman Ford recommends Drew Bastian and Ted Noftall.

Mayor Green recommends Jim Ward and Bobby Ball

 

Alternates are:

 

Councilman Ford recommends John Cardullo

Councilman Burnette recommends Debbie Connors

Vice Mayor Pohlmann recommends Bob Maddern

Councilman Kennedy recommends John Junco

Mayor Green recommends Judy Anderson

 

Motion to affirm the City Manager’s Selection Committee made by Councilman Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

COUNCIL COMMENTS

 

27. Comments/Concerns from Council Members

 

Councilman Burnette provided kudos to the Spruce Creek High School boys’ baseball State Championship. He would like a parade for them, and a message on pogtv and the message board. SCHS has been ranked one of America’s best schools.

 

Councilman Burnette asked for an update on the internet cafe ordinance as it relates to the veteran's organizations. Mr. Parker said there are ongoing discussions and evaluations on what type of machines they have.

 

Councilman Burnette asked for information on political signs and the timing of erecting. Mr. Parker advised that the city is trying to comply with state laws. Councilman Kennedy asked if there is a state law prohibiting candidates from erecting signs "too early". Mr. Parker said he will bring information back.

 

28. City Council Committee Reports

a.    City Investment Committee – Councilman Kennedy reported that the report was given last week.

b.    Transportation Planning Organization (TPO) - Councilman Ford provided the report for TPO. A proposal was given for track from Deland to Daytona Beach with various communities to pay the bill. The cities did not agree to it and the item will be discussed at a later date. The executive director of TPO was fired.

c.    Library Advisory - Councilman Kennedy missed the Library meeting.

d.    Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported that the plan is doing well so far, it is up 15.9%. The written report was given to Mr. Parker.

e.    Municipal Police Officers Retirement Trust - Councilman Kennedy reported that they had a good quarter. This is the first time the fund has been over 20 million.

f.     General Employees General Retirement Trust – Councilman Ford reported that the meeting is next week.

g.    YMCA – Vice Mayor Pohlmann reported that Susan Lovallo represented the City at the YMCA meeting. Their summer program sign up is going on now. They are working under budget because of memberships being given based on income levels.

h.    Volusia Council of Governments (VCOG) - Mayor Green said there was a class provided on social media and the sunshine law.

i.      Volusia League of Cities - Mayor Green reported that there is a dinner on Thursday night to honor the City Manager (Ken Parker) and Public Utilities/Works Employee of the Year, Mike Ulrich.

j.      ArtHaus – Councilman Burnette reported that the 2012 Best Artist Show is on display. Their financial challenges are still on-going. The board is looking for people to serve. Their summer programs are starting up.

k.    Port Orange/South Daytona Chamber of Commerce – Councilman Burnette reported that Thursday is the spring business showcase and silent auction. It is open to the public. There will be food and networking at the PO/SD Chamber building.

l.      Golf Course Board of Directors - Mayor Green reported that Kemper Sports provided their report earlier in the meeting.

m.   Communications Interlocal Agency (CIA) - Mayor Green reported on the final phase of the transition to the County.

 

City Attorney, Margaret Roberts, cleared up that the court action relating to 828 Sugarhouse is a clean-up action not requesting fines.

Mr. Parker reminded Council that Monday, May 28th is Memorial Day with a service at 10am at Veteran's Park. On June 5th the Jacksonville Jaguars will be at the Amphitheater at City Center from 6pm-8pm. June 16th is the Mayor's Cup at Cypress Head.

Impact fee credit bank discussion was held. Mr. Parker asked Council if that is something they want to do. Consensus is yes.

Mayor Green wants to look at Herbert St. and the school sidewalks. Mr. Parker said the feasibility study is almost done and there should be enough right-of-way to build the sidewalks. Councilman Burnette would like signs at the crosswalks.

Vice Mayor Pohlmann asked if staff can get with the county about more speed limit signs on S. Williamson.

ADJOURNMENT:    9:40p.m.

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager