REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JUNE 19, 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 (Agenda)
4. West Volusia Runners, Volusia Coastal Runners – Stephanie Thomas-Rees
W. Volusia Runners, Volusia Coastal Runners, Stephanie Rees and Jennifer Florida addressed Council regarding their 1/2 marathon and 5k run on October 28, 2012. The run will benefit Volusia County High School Athletics, with a goal of $20,000 ($2,000 per high school). They asked Council to waive the fees as well as allow parking in the Riverwalk area.
Councilman Kennedy suggested some volunteer hours from students. Ms. Florida explained that they are looking into utilizing private companies. Discussion was held regarding parking issues.
Vice Mayor Pohlmann asked for citizens to contribute to help offset costs. Ms. Rees said their website is www.lighthouseloop.com.
Councilman Burnette agrees with Councilman Kennedy regarding volunteer hours and sponsorships.
Councilman Ford doesn't necessarily agree with the City's policy of not waiving fees. He believes this event is worthwhile and the community is only as good as the investment in the community. He is willing to discuss the request. He believes there are options for helping to make the community better through working with events like this one.
Mayor Green agrees, but the issue is who gets the support and who doesn't. He feels Council needs to be fair across the board, and how can they do that if they have to pick and choose which events/activities get fees waived.
Mr. Parker confirmed the parking issue is ok as long as it is cleaned when they are finished. Council is ok with them using private companies for cones and barricades as long as FDOT agrees.
Motion to waive the permit fee made by Councilman Ford, and Seconded by Councilman Burnette. Motion failed by 1-4 roll call vote. Councilman Ford voted yes, all others voted no.
Mr. Parker asked Council for permission to work with the group for a centennial event. Council said ok. Mr. Parker asked Shannon Lewis to meet with them.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Steve Pantages addressed Council regarding flags on the Dunlawton Bridge. Mr. Parker said FDOT has not responded yet. The poles on the causeway can be used since those are City poles.
Ted Noftall addressed Council regarding the rental registration. Mr. Parker advised that the interpretation of a former employee was that the current codes didn't require an ordinance; however, after further research, it appears that was incorrect. Staff will bring an ordinance to Council and address the fees already paid by some homeowners/landlords.
Suzette Evans addressed Council regarding the police department. She wants to know the policy regarding police investigations. She requested the following: 1) copies of policies, procedures and protocol for IA cases; 2) an independent investigation of Sgt. Long; 3) copies of her records that have not been provided as of yet or are considered lost by Staff; 4) a lie detector test to clear her name; and 5) a copy of the January 20, 2012 interview video that Staff says does not exist. Mr. Parker will work with Staff to gather the available information for her.
5. Approval of Minutes
a. May 22, 2012 – Special City Council Meeting (Public Utilities Budget)
b. May 22, 2012 – Regular City Council Meeting
c. June 5, 2012 – Regular City Council Meeting
6. Staff Reports - Building Activity Report and Monthly Development Activity Report for May, 2012.
7. National Night Out
8. Voting Delegate for Florida League of Cities Conference
9. Pollution and Remediation Legal Liability Insurance
10. Document Technologies Purchasing Threshold Variance
11. Change Order No. 1 to Contract with Sieg & Ambachtsheer, Inc. for B-23 Canal Project
12. Deep Forest Homeowner’s Association
13. PFM Fifth Amendment to Investment Advisory Agreement
14. Acceptance of settlement in the case of Susan F. Clark vs. City of Port Orange
Motion to approve Consent Agenda Items 5-14 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried by voice vote.
REPORT FROM ADVISORY BOARD
15. Citizen Advisory Committee for TPO
Bobby Ball gave the CAC report for the TPO. Council members and Mayor Green thanked Mr. Ball for his service.
FINANCE (John Shelley)
16. Resolution No. 12-24 – Budget Appropriations – Budget Execution Review (BER)
Mayor Green read Resolution No. 12-24.
RESOLUTION NO. 12-24
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 12-24 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.
COMMUNITY DEVELOPMENT (Wayne Clark)
17. Second 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 approve Ordinance No. 2012-9 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.
18. Second Reading – Ordinance No. 2012-11 - Annexation/Copp, George Jay, 2165 and 2173 Tomoka Farms Road
Mayor Green read Ordinance No. 2012-11.
ORDINANCE NO. 2012-11
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ANNEXING APPROXIMATELY 16 ACRES OF LAND LOCATED AT 2165 AND 2173 TOMOKA FARMS ROAD, TOGETHER WITH THE ADJOINING 50-FT. PLATTED (UNNAMED) UNPAVED ROAD ABUTTING THE SOUTHERLY BOUNDARIES OF THE SUBJECT PROPERTY AND EXTENDING EAST FROM TOMOKA FARMS ROAD FOR A DISTANCE OF APPROXIMATELY 1716 FEET; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2012-11 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.
19. Second 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 Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.
ADMINISTRATION (Ken Parker)
20. Bid Protest of RFP #12-11; Management Services at the Golf Club at Cypress Head- KemperSports Golf
Mr. Parker provided background information regarding the math error of the ranking committee. Options by the ranking committee were discussed as outlined in the agenda materials and commentary. Council will make the final determination.
There are two items to determine: 1) determine the ranking of the golf companies; and 2) which company to authorize staff to negotiate with.
Mayor Green said he provided his rankings no matter the math error. He ranks KemperSports #1.
Councilman Kennedy stands by his rankings as the committee.
Vice Mayor Pohlmann also stands by his rankings.
Councilman Burnette asked why the ranking committee does the points if they are just going to use the rankings.
Councilman Ford doesn't want to go back through the rankings. It was only a recommendation of the ranking committee. He wants Council to make the determination.
Mr. Parker explained the process in the purchasing guidelines.
Motion made by Councilman Ford to affirm Mr. Parkers decision, and Seconded by Councilman Burnette.
Attorney Roberts clarified that the vote is to affirm Mr. Parker’s memo that ranks Billy Casper first based on the bid protest determination. Attorney Roberts explained the RFP requires the points system. The total points ranked KemperSports first. Attorney Roberts explained that Mr. Parker's decision was not based on the points, but was on the rankings.
Ricardo Catarino of KemperSports addressed Council regarding the bid protest and their commitment to the community.
Douglas White with Billy Casper Golf addressed Council regarding their track record and the reason for their protest. He believes Billy Casper should have been awarded the #1 ranking.
John Crocker addressed Council as to the two scoring systems.
Motion to affirm Mr. Parker’s decision carried unanimously by roll call vote.
21. Evaluation Committee’s Ranking of Golf Course Proposals – RFP #12-11; Management Services at the Golf Club at Cypress Head
Motion to approve recommending KemperSports as #1 by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Councilman Kennedy had Crocker and KemperSports as #1 and 2, respectively.
Vice Mayor Pohlmann selected KemperSports as #1 and stands by the ranking based on the information given the night of the presentations to the ranking committee.
Councilman Burnette believes their decision will be a win no matter what because of the talented companies involved. He wants the food/beverage aspect to improve. He believes all three of the top companies are capable of moving the course to the next level. He wants Council to give both companies consideration.
Councilman Ford agrees that the companies are excellent. He considered the food service and the price. He urges Council members to consider Crocker because of the cost savings.
Motion carried with a 3-2 roll call vote. Councilman Ford and Councilman Kennedy voted no.
22. Comments/Concerns from Council Members
Vice Mayor Pohlmann asked Mr. Parker about the traffic light at Summertrees. Mr. Parker advised that the equipment is on order with the county and will be installed as soon as it is delivered. It takes approximately two days for installation once received.
Councilman Ford asked Mr. Parker about the land use for the Chapel in the Green gardens. He wants them to be able to have events with parking on their own property without getting a special event permit every time. Mr. Parker will gather information and provide options. Councilman Ford asked if Riverside Drive is county or city. Mr. Parker said yes, both. Councilman Ford said there is a problem with people putting boats in and eroding the land. Mr. Parker will check into it. The area is Riverside Drive and Katherine Street.
Mr. Parker advised that a discussion about combining public utilities and public works will be held in July (17th). The report was provided via email to each Council Member. The report was also given regarding fire assessments. The refunding of the bonds item that was going to be a special meeting may not occur on Thursday, June 21st as originally discussed, but may happen within the regular meeting next week instead. He advised that details are being worked out still. A report is coming regarding the county cancelling their contracts for fire services. They are proposing to pay on a per-call basis rather than protection coverage basis. The areas south of Rose Bay and south on Spruce Creek Rd will be affected. The closest stations to these two areas are on 44 in New Smyrna Beach and Tomoka Farms Rd. Staff will advise County that this is not fair to the residents because the county is collecting the fees and not providing the service. The City will also advise the residents of the issues and offer to annex them waiving the fees. The County revenue has been taken out of the budget.
23. Public Safety presentation
POLICE BUDGET REPORT: Jerry Monahan, Public Safety Director, addressed Council relating to the police budget for FY2013. He is requesting four full-time police officers, one for each platoon, as well as two reserve part-time officers. These positions are part-time with no benefits and would cover the complaint desk which is not currently covered. Current patrol staffing was discussed. The detective division staffing was provided, as well as traffic division staffing. The staffing level goal is 13 per platoon. A snapshot of call volume was provided, including priority 5 calls that are being “held” because of under staffing. There are 12,119 calls included in this presentation, of which more than 2,300 were “held”. In FY2007 there were 115 sworn and civilian personnel and in 2012 there are only 100 employees - down 15 people with calls increasing. The FY2013 level proposed is 105 employees. The police activity types and levels were provided. Traffic accidents are up 30% over 2011, accidents with injuries are up 89%, traffic citations are up 98%. The workload is up significantly with less staff. Commercial growth in the community is impacting their workload with more shoplifting, traffic, etc. The total cost increase is $258,676. The equipment is on hand and ready for new officers. $11,163,512 is the total budget request for FY2013.
Councilman Ford believes that the Ridgewood corridor needs more staffing. His concern is not raising taxes this year but he is in favor of more officers on the streets. Councilman Ford asked Mr. Parker about carryover funds for funding police officers. He doesn’t believe reserves are a problem but believes the four officers would need to be funded with the carryover funds. Mr. Parker said it's been done in the past. Chief Monahan believes next year is going to be flat as far as turnover. He doesn't see the trend of people leaving like in the past few years. He anticipates some retirements in three years. Mr. Parker said options can be discussed relating to a vacancy factor.
Councilman Burnette asked if VIPS are used at the desks. Chief Monahan said yes but there are some things that the VIPS can't do, sworn officers have to handle some of the different types of calls. Councilman Burnette asked about succession planning. Mr. Parker advised that he has plans from some of the departments and needs to discuss with those departments and then will bring the plans to Council. Councilman Burnette said Council needs to balance all the needs of all of the departments. He favors the police department's request for more officers.
Vice Mayor Pohlmann agrees there is an increase in traffic. He doesn't believe the staffing level at 13 is outrageous. He supports more police officers. Safety is important.
Councilman Kennedy agrees that the 2010 staffing levels are needed and appropriate. He believes Council needs to find the money to pay for more officers. He confirmed there is no equipment needed, just officers. Chief Monahan said correct, the equipment is on hand.
Mayor Green asked Chief Monahan to use his personnel effectively and advise Council of any needs.
Ted Noftall asked how many employees are in the DROP program. Chief Monahan said seven or eight. Mr. Noftall asked if injured officers are used at the desk. Chief Monahan said yes. Mr. Noftall asked why the PD is not using the vacancies. Chief Monahan said there is only one vacancy and they still need more officers. The document Mr. Noftall referred to is outdated and the vacancies listed have been filled already. Mr. Noftall believes the City is over budgeting the expenses and under budgeting the revenue. He doesn’t agree with the methodology of the City’s budgeting. Mr. Parker explained the way the City looks at expenses and revenue during the budgeting times. Mr. Noftall wants to see real numbers go in so it is clearer. Mr. Parker doesn’t agree with Mr. Noftall’s opinion on the way the budget is prepared.
FIRE BUDGET REPORT: Ken Burgman, Deputy Director of Public Safety, addressed Council regarding the fire budget for FY2013. Total requested budget is $7,833,301. The fixed costs and daily operation costs were discussed. Daily costs are 4.5% of the total budget. The response call numbers for 2011 were provided. The number of calls per station was provided. The approved staffing levels were discussed. Of the Council required 18 per shift, 8 positions are vacant. Programs were discussed as provided in the agenda packet. A list of upcoming projects was provided. Mayor Green asked for the warranty of the paint on station 75. Frank Flagg, Facility Manager, is checking into it. Fire is not requesting anything extra in their FY2013 budget.
Councilman Kennedy asked if staffing levels are adequate with only two if they did that at other stations (like at station #73). Deputy Director Burgman said yes, but he would not recommend it, there is too much at risk.
Vice Mayor Pohlmann asked if they are at minimum staffing levels of 14. Deputy Director Burgman said yes, they are using reserves as well to keep at or above the 14. Mr. Parker said NFPA is not in effect in Florida.
Councilman Burnette would like the Zymek machine to be sold. He asked about staffing levels at station 75. Burgman explained the reasoning for staffing 75 with only two vs. the other stations. There is help from all others to the center of the city. The response time is 5.17 seconds. It has not dropped since running two out of that station. Councilman Burnette asked about response times and number of calls and would like a report showing the numbers. Burgman will provide the report.
Councilman Ford said there are national standards and they are not being met. Deputy Director Burgman said staffing does not go below 14 per day, which is the policy of Council. He advised that the NFPA standards say 14 people. The City is running 15 with the battalion chief. He said he'd have to hire three people to staff 75 with three. Councilman Ford asked Mr. Parker for an analysis of staffing levels. Councilman Ford asked Deputy Director Burgman if he needs more operating funds. He responded that it depends on equipment failure throughout the year. Councilman Ford wants to up the staffing level and feels the City should meet national standards. He wants to use reserves to fill positions. Chief Monahan asked for clarification on staffing levels and the policy of Council. Mr. Parker said he will provide the analysis and then Council can discuss staffing levels.
Mayor Allen Green
Kenneth W. Parker, City Manager