REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JUNE 26, 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 REPORTS, AWARDS, PROCLAMATIONS

 

4.    Local Business Spotlight

 

Debbie Connors introduced Blake Thomas from State Farm. State Farm is celebrating their 90th anniversary in business. There are five (5) agents in Port Orange.

 

5.    Port Orange/South Daytona Chamber of Commerce Quarterly Report

 

Debbie Connors provided the quarterly report for the Chamber. Ms. Connors provided a written report to Council. The survey results have come back and were provided to Council. Candidate forum will be on July 31, 2012 in Council Chambers.

 

6.    Report from Kemper Sports Management regarding Cypress Head Golf Course

 

Mike Collins, General Manager, provided the May report. They were above budget and prior year for May and are in the black. They are 5% ahead of total rounds for the year. Mother's Day Brunch had over 100 people participating. Mayor's tournament went well. He hopes the rain will slow down so June will be a good report as well. The 20th anniversary merchandise is selling well. Mr. Collins introduced Kate Minnick, who provided information on the golf tournament. She gave kudos to Susan Lovallo and Barbie Allman for their work. Ms. Minnick provided dates for other events and outings that are coming up.

 

  1. BOARD APPOINTMENTS AND INTERVIEWS

 

7.    Board appointments

a.   Library Advisory Board

 

Corey Berman introduced himself to Council and discussed why he wants to serve on the Library Board.

 

Motion to appoint Corey Berman to the Library Advisory Board made by Vice Mayor Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

  1. CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Corey Berman thanked Mr. Parker for the report relating to the service levels at fire station 73. He wants Council to look at the staffing levels at the fire stations. Mr. Berman also discussed his concerns relating to water bills on foreclosures. He would like Council to ask the City Attorney to research the Florida Statutes relating to lawn mowing liens, water bills, etc. He would also like the deposit requirement reviewed as well. Mayor Green asked Mr. Parker for a report.

 

  1. CONSENT AGENDA

 

8.    Approval of Minutes

a.    June 19, 2012 – Regular City Council Meeting

9.    Project Manager’s Report

10. Project Updates/Parks and Recreation

11. Foreclosure – AJ’s Nova One Tattoo

12. Recommendation for Release of Murphy Act Road Reservation on Real Property North of Existing Martin Dairy Road, West of I-95

13. Award of Bid No. B12-28 Replacement of Lime Slakers at Water Treatment Plant

14. Final (Deductive) Change Order #1 with the City of Daytona Beach Shores for the South Atlantic Avenue Water Main Improvement related to the Joint Project Agreement with the City of Port Orange

 

Mayor Green asked that item #13 be pulled for further discussion.

 

Motion by Vice Mayor Pohlmann to approve Consent Agenda Items #8-12, and 14, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

Mayor Green asked Mr. Parker relating to the bid award for Lime Slakers at the water treatment plant. Mr. Parker asked Steve Miller, Chief Operator, Public Utilities, to provide information to Council. Mayor Green asked if there is another product to look at. Mr. Miller advised of such products and the fact that the Sieman’s products are what are compatible with the City's current equipment. Mr. Miller explained the Staff's decision to recommend Bid 12-28 to Siemans Industry, Inc. Water Technologies Business unit in an amount of $412,000.

 

Councilman Kennedy asked about installation of the products. Mr. Miller explained that installation is approximately $50,000 or $60,000.

 

Vice Mayor Pohlmann asked about Mr. Miller's experience or research of the Merrick slakers. Mr. Miller explained his findings at the Lakeland plant. The Wallace & Tiernan slakers have the same parts as the parts they have used since 1955. Current City Staff has 30 years of experience on the W&T slakers.

 

Motion to approve Consent Agenda item #13 made by Vice Mayor Pohlmann, and Seconded by Councilman Ford.

 

Mr. Parker confirmed that Siemens is the lowest qualified bid. Mayor Green asked for specs in the future to review prior to awarding the bid.

 

Motion carried unanimously by voice vote.

 

  1. FINANCE (John Shelley)

 

15-A. Resolution No. 12-29 – Amending Resolution No. 93-16 as it relates to Debt Service Reserves (DSR)

 

Mayor Green read Resolution No. 12-29.

 

RESOLUTION NO. 12-29

 

A RESOLUTION OF THE CITY OF PORT ORANGE, FLORIDA; AMENDING RESOLUTION NO. 93-16, AS AMENDED AND RESTATED BY RESOLUTION NO. 2003-46, TITLED:

 

“A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE REFUNDING OF CERTAIN PRESENTLY OUTSTANDING WATER AND SEWER REVENUE BONDS OF THE CITY; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $29,400,000 WATER AND SEWER REFUNDING JUNIOR LIEN REVENUE BONDS, SERIES 1993, OF THE CITY TO REFUND SUCH BONDS; PROVIDING FOR THE PAYMENT OF SAID REFUNDING BONDS FROM THE NET REVENUES OF THE WATER AND SEWER SYSTEM OF THE CITY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE DATE.”

 

TO PROVIDE FOR SEPARATE DEBT SERVICE RESERVE ACCOUNTS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-29 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Peter Dame, Attorney for the City relating to bond debts. Mr. Dame explained the debt service reserve fund.

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by voice vote.

 

15. Resolution No. 12-30 – Authorizing issuance of the 2012 Water/Sewer Refunding Revenue Bond to PNC Bank and using the related debt proceeds to refund the 2003 Water/Sewer Refunding Revenue Bonds 

 

Mayor Green read Resolution No. 12-30.

 

RESOLUTION NO. 12-30

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; SUPPLEMENTING RESOLUTION NO. 93-16; AUTHORIZING THE REFUNDING OF CERTAIN OUTSTANDING WATER AND SEWER REVENUE BONDS; PROVIDING FOR THE ISSUANCE OF $26,390,000 WATER AND SEWER REFUNDING REVENUE BONDS; PROVIDING FOR THE PAYMENT OF SAID REFUNDING BONDS FROM THE NET REVENUES OF THE WATER AND SEWER SYSTEM; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AWARDING SUCH BONDS AND APPROVING A COMMITMENT LETTER FROM PNC BANK; FIXING THE DATE, MATURITIES, INTEREST RATES AND REDEMPTION PROVISIONS AND OTHER DETAILS OF SUCH BONDS; FINDING THE NECESSITY FOR A NEGOTIATED SALE OF THE BONDS; AUTHORIZING CITY OFFICIALS TO TAKE NECESSARY ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-30 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mr. Parker provided details on the research and decision to fund with PNC bank.

Toby Wagner, Investment Advisor to the City, addressed Council relating to the bid to issue bonds with PNC Bank. 1.76% bonds are replacing 4.5-5% bonds from 2003. 

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call.

 

16. Monthly Financial Report

 

John Shelley, Director of Finance, provided the monthly finance report. Closing date is July 30, 2012 for the bond debt just approved. The YMCA has moved to a "break even" position since the last report. Councilman Burnette asked about the FPL franchise amounts. Mr. Shelley said it is definitely behind budget and Staff is watching it. Mr. Parker explained that the fuel cost savings has affected the numbers.

No public comments.

 

  1. COMMUNITY DEVELOPMENT (Wayne Clark)

 

17. First Reading – Ordinance No. 2012-15 – LDC Amendments/Social Services, Chapters 2, 17, and 18, Case no. 12-25000003 (advertised June 19, 2012)

 

Mr. Parker advised that the item has been advertised. He asked that Mayor Green read the Ordinance title and ask for public comments. Attorney Roberts advised that the Ordinance is not ready yet.

 

Wayne Clark, Community Development Director, advised that the proposed ordinance is to explain the differences in offices so that the same businesses are not clustered together and are better tracked with proper zoning.

 

Mr. Parker explained that the social services are not being prohibited.

 

Councilman Burnette wants the social services organizations to have a say in the ordinance.

 

Councilman Ford also wants the citizens of Ridgewood to have a say. He wants to spend a lot of time thinking the zoning issues out.

Vice Mayor Pohlmann asked if there are any social services businesses that would be affected by this ordinance now. Mr. Clark answered no; all in Port Orange are associated with churches. The ordinance addresses stand-alone businesses.

 

Councilman Burnette cautions Council with moving too quickly. He doesn't see a problem. He believes the organizations in Port Orange are taking care of Port Orange residents and he doesn't want to jeopardize that.

 

Councilman Ford asked about state laws relating to precluding halfway houses and the like. Attorney Roberts will provide the statute to Council. He wants to protect the areas of the city that are already under stress.

 

Mr. Clark explained that the ordinance is mirroring Daytona Beach and Holly Hill. The proposed ordinance is not to prohibit social service business, just better define them.

 

Corey Berman addressed Council with a solution to put the homeless people at the old police department.

 

Stan Hetrick asked about the definitions to explain the GPU zoning district. Mr. Clark answered his questions and advised that the details will be worked out and discussed more with the actual Ordinance.

 

Councilman Ford explained that the buildings should be spread out.

 

Ted Noftall asked when Council will consider the specifics of the ordinance. Attorney Roberts said Council will decide tonight when it will be considered but she is proposing it will be ready on July 17, 2012.

 

Motion to continue item to July 17, 2012 for first reading made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Mr. Parker said Staff will discuss the item with stakeholders. Councilman Ford would like some thought given to the residential areas.

 

18. Resolution No. 12-28 - 12-35000002/Proposed Easement Vacations – Altamira Shopping Village Subdivision

 

Mayor Green read Resolution No. 12-28.

 

RESOLUTION NO. 12-28

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; VACATING THREE DRAINAGE EASEMENTS LOCATED ON A PORTION OF LOT 5, ALTAMIRA SHOPPING VILLAGE, AND A PORTION OF LOTS 3 AND 4, CRAIG FARMS PLAT NO. 2; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution 12-28 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Margaret Momberger, Senior Planner, provided details to Council relating to the easement request.

 

Mayor Green asked if St. Johns Water Management District requires drainage facilities to be installed before major construction begins.

 

Kim Buck, Engineer, responded yes, and explained the details.

 

Councilman Ford asked for clarification on why the City is doing this easement vacation.

 

James Stowers, Attorney with Cobb, Cole answered Councilman Ford's question relating to the timeliness of this easement. Mr. Stowers explained this is another step in the process that was known early on. It is dependent upon the replacement easements.

 

Corey Berman suggested that the City require the developer to put underground cisterns. Mayor Green said they can only be required to do capacity.

 

Motion carried 4-1 in a roll call vote. Mayor Green voted no.

 

  1. PUBLIC UTILITIES (Shannon Lewis)

 

19. First Reading – Ordinance No. 2012-17 – Industrial Pretreatment Ordinance Revisions requested by Florida Department of Environmental Protection

 

Mayor Green read Ordinance No. 2012-17.

 

ORDINANCE NO. 2012-17

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 74, ARTICLE III, DIVISION 2 OF THE CODE OF ORDINANCES TO INCORPORATE INDUSTRIAL PRETREATMENT PROVISIONS OF THE FEDERAL CLEAN WATER ACT; CORRECTING AND UPDATING SECTIONS 74-101 TO 74-106; SECTION 74-108; SECONTIONS 74-110 TO 74-115; SECTION 74-117; AND SECTIONS 74-118 TO 74-119; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-17 on First Reading made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Paul Salerno, Lab Manager, was present to answer questions and explained the need for the ordinance: 1) protects employees, 2) protects infrastructure, and 3) DEP requires it.

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call.

 

  1. ADMINISTRATION (Ken Parker)

 

20. County Fire Services

 

Mr. Parker gave background details relating to county fire service protection dating back to 1984. County has indicated they are willing to negotiate paying on a per call basis rather than a protection basis as is currently provided. Mr. Parker advised Council of the areas affected. Staff has asked the County for a per call cost, but that has not been received yet. Mr. Parker wants Council and citizens to understand the types of calls involved and the closest County stations to the affected areas. The City's position is that the millage for those affected areas should be the cost to provide coverage. Annexation of the areas affected was discussed. Mr. Parker asked for the authority to negotiate with the County; send a letter to the residents if no agreement is reached with the county; and provide those residents with the option to annex into the city with fees waived.

 

Councilman Kennedy agrees with all three requests listed above.

Vice Mayor Pohlmann cautioned to be careful with the wording of the letter to the residents so we don’t scare them.

Councilman Burnette likes Mr. Parker's proposal. He asked how many calls the county provides for us. Mr. Parker said very few; he can get the number for him.

Councilman Ford agrees with Mr. Parker's proposal. He doesn't feel an ethical need to service the people affected because the city didn't ask for the change. He wants it to be fair. He doesn't want the citizens of Port Orange to subsidize the county residents.

 

Consensus is to move forward as proposed.

 

Ted Noftall asked what the fees are for annexation of the affected areas. He asked why the citizens of Port Orange should subsidize the annexation of these properties. Councilman Ford said he would do it because it brings in more tax base.

 

  1. COUNCIL COMMENTS

 

21. Comments/Concerns from Council Members

 

Councilman Ford wants Staff to figure out how to provide three firefighters at all stations. He wants to eventually move to four at all stations in the long run. Mr. Parker asked for Council consensus. Vice Mayor Pohlmann asked about using reserves at the station. Mr. Parker said that's the way it would have to be.

 

Councilman Burnette has an issue with the number of political signs. He doesn't think the candidates should be allowed to put more signs up than any other event. He asked that candidates find out the codes before putting their signs up in Port Orange.

 

Councilman Kennedy agrees with the issues with the signs.

 

Mayor Green would like property appraiser to provide his report to Council.

 

22. City Council Committee Reports

a.    City Investment Committee – Councilman Kennedy reported that there was no meeting held.

b.    Transportation Planning Organization (TPO) – Councilman Ford reported that SMSA includes Port Orange, Daytona Beach, and Palm Coast. DOT wants to develop a 10 lane I-4 through Orange and Seminole counties and slightly into Volusia County with a fee of $?; county is pushing for a $3 mil planning grant to provide railroad from deland to the airport in DB.

c.    Library Advisory – Councilman Kennedy reported they meet on July 5.

d.    Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported there was no meeting since the last report. They meet in August.

e.    Municipal Police Officers Retirement Trust - Councilman Pohlmann reported there was no meeting since the last report. They meet in August.

f.     General Employees General Retirement Trust - Councilman Ford reported that there was no meeting held.

g.    YMCA – Vice Mayor Pohlmann advised that John Shelley provided the report. Vice Mayor Pohlmann agrees with his report. The YMCA is working on a tighter budget.

h.    Volusia Council of Governments (VCOG) – Mayor Green reported that the property appraiser provided his annual report.

i.      Volusia League of Cities – Mayor Green advised that the next dinner is in Edgewater at the end of the month.

j.      ArtHaus – Councilman Burnette reported that a discussion relating to "VanGo" program wanting to segregate was held. They are moving in different directions.

k.    Port Orange/South Daytona Chamber of Commerce – Report provided by Debbie Connors earlier in the meeting.

l.      Golf Course Board of Directors – Report provided by KemperSports earlier in the meeting.

m.   Communications Interlocal Agency (CIA) – no report

 

  1. BUDGET WORKSHOP

 

23. Information Technology

 

Tony Marino, IT Director, provided the budget presentation to Council. Current organizational chart was provided and discussed. IT is asking for one more employee to be quartermaster/inventory specialist. The services provided by IT were discussed. Proxy card system was discussed. Phone system was also discussed as it compares to SUNCOM through the State. Upcoming project list was provided.

 

24. Finance

 

Mr. Parker asked that the Finance presentation be deferred to another night. All agreed.

Mr. Parker reminded Council of the following:

July 4th celebration is happening at 5:30pm at City Center, with opening ceremony at 6pm and fireworks at 9pm.

July 20 is the 20th anniversary celebration at Cypress Head. Please RSVP

The next City Council meeting is July 17, then July 24th and budget workshop on July 28th.

Mr. Parker is meeting tomorrow with Jim Dineen regarding S. Williamson. He has also been meeting with executives for the YMCA regarding their expansion.

ADJOURNMENT:    10:04p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager