REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

AUGUST 28, 2012

 

THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:01 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, PRESENTATIONS

 

4.    City Attorney’s Office Recognition of Employee Achievement

 

Betty Ceribelli could not be present. Ms. Roberts requested that the recognition be postponed until a later date when Ms. Ceribelli is available.

 

5.    Local Business Spotlight

 

Debbie Connors, Port Orange/South Daytona Chamber, introduced VIP Pet Resort, Jeremy Fitch, who provided details of their business. They have been in business for 30 years. He thanked Council for their support with the Spruce Creek Preserve.

 

6.    FPL Smart Meter Presentation and Discussion

 

Larry Volenec, FPL representative, thanked Council for their invitation to discuss Smart Meters. He introduced Steve Anderson, who provided facts and details regarding modernizing the grid, differences between the old meters and the new meters, and how customers have more control of their bills. Mr. Anderson played a video showing how the Energy Smart Florida Program works. City of Port Orange residents will begin using the smart meters and be active in March, 2013. Councilman Ford asked if it is mandatory for customers to use the smart meters. Mr. Parker advised that the County Council entered a Resolution to "opt in". The Resolution was sent to the State. Mr. Anderson advised that they are aware of the Resolution and the County is not the only one. The Public Service Commission has agreed to have a meeting with the stakeholders for the Smart Meter program overall. The meeting is next month (9/20/12). Councilman Burnette asked about hackers. Mr. Anderson advised that they have safeguards intended to prevent that, but hackers have hacked into the Department of Defense. Mr. Volenec advised that the same encryptions are used that are used for ATM's. Councilman Burnette would like to consider the “opt out” resolution until citizens feel comfortable with the product. Mr. Anderson advised that FPL has volunteered to allow people to delay the installation. Mayor Green asked how customers can opt out. Mr. Anderson said they just need to contact the customer service number and advise FPL. The account will be flagged and the meter will not be installed. Vice Mayor Pohlmann asked what the trend is for customers using the smart meters. Mr. Volenec said if people monitor their accounts, it lowers their bill. If they don't monitor it, it will not change. Councilman Kennedy asked if there is an audit process. Mr. Anderson said yes, there are requirements they must follow. Mayor Green asked if there are smart meters installed in Port Orange and if those customers know about the new meter. Mr. Anderson said yes, some have been installed; all residents were notified weeks in advance through a postcard mailing.

The meeting with the PSC is September 20th. Councilman Ford would like to consider, after hearing from the citizens, whether or not to support the County's position.

 

Citizen comments:

 

Peggy Black provided information to Council regarding the PSC direction on smart meters. She supports an “opt in” resolution from City Council.

 

Tom Gion would request that Council ask questions of FPL.

 

Maredy Hanford, Spruce Creek Patriots, spoke about dynamic pricing.

 

Bill Cummings advised Council that he opposes the installation of smart meters.

 

Corey Berman would like to opt out.

 

Bud Harter advised that he opted out and there is not a smart meter on his home. He spoke against smart meters.

 

Armando Escalante spoke against smart meters.

 

Mark Schafer advised that trying to opt out with FPL is difficult.

 

Eileen Escalante spoke regarding Agenda 21 and against smart meters.

 

Bryan Dukeman spoke against smart meters.

 

Consensus is a resolution to opt in. Attorney Roberts will bring back a proposed Resolution.

 

Councilman Kennedy advised that the FPL trucks need to be marked.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Jim Schultz addressed Council regarding fluoridation chemical issues. He asked Council to revisit the use of the chemical because of health and safety issues.

 

Kathleen Bartos addressed Council regarding the B-19 canal and the Altamira project. She has had erosion issues from the project and is concerned with damage to her building. Mr. Parker asked if she wants Staff to communicate with her or her attorney. Dr. Bartos said her attorney is fine, but she's not sure he is receiving the information. She asked that Staff keep her and her attorney in the loop. Mr. Parker agreed to do same.

 

Brian Many addressed Council regarding his high water bill in August, 2012. Mayor Green asked Mr. Parker to look into it.

 

Brian Spies addressed Council regarding the issues with the firefighter pension. He would like to talk with Mayor Green about the facts. Mayor Green provided his number.

 

Corey Berman addressed Council regarding the firefighter issues.

 

Ted Noftall addressed Council regarding the pay increases in the budget, pension payments, and agriculture exemptions within the City.

 

John Cardullo and Linda Smith addressed Council regarding a handicap swing at the All Children’s Park. Mr. Parker advised that he has instructed Staff to include it in the design. Mr. Cardullo is working on some donations. Donations can go through John Cardullo or Neighbor's General Store. Corey Berman asked the price. Mr. Cardullo said $2,200. Mr. Berman will make a donation. Vice Mayor Pohlmann asked if plans are in place for handicap children. Mr. Parker said yes.

 

CONSENT AGENDA

 

7.    Approval of Minutes

a.    July 28, 2012 – Special Budget Workshop

8.    Project Manager’s Report

9.    Staff Reports - Building Activity Report and Monthly Development Activity Report for July, 2012.

10. 2013 Critical Dates Calendars

11. Addendum No. 88 with Quentin L. Hampton Associates, Inc. for engineering services for Dunlawton Avenue Drainage Improvements and Reclaimed Water Augmentation Ponds Grant Compliance and Quality Assurance Project Plan (QAPP)

12. Wrap Around Agreement with Biological Consulting Services, Inc. for Professional Environmental Services

13. Proposed Three Month Extension of the Existing Volusia County License Agreement – South Swallow Tail Drive Votran Transit Transfer Station

14. Extension of Magnesium Hydroxide Pilot Project at the Reclaimed Water Treatment Plant with Premier Magnesia, LLC as a Sole Source Vendor

15. Police Benevolent Association (PBA) 2012-2014 Collective Bargaining Agreement

16. Emergency Work Authorization to Scott Construction for 18” Potable Waterline Replacement at the B-19 Canal and Dunlawton Avenue

 

Motion to approve Consent Agenda Items 7-16 made by Vice Mayor Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.

 

TABLED ITEMS

 

17. Second Reading – Ordinance No. 2012-8 – Small-Scale Future Land Use Amendment/Summit Golf Center/Tim Peightal (Tabled July 17, 2012)

 

Item remained on the table. Applicant has requested that it be taken off the table on September 18, 2012.

 

FINANCE (John Shelley)

 

18. First Reading - Ordinance No. 2012-19 – Amendment of Code of Ordinances relating to the Fire and Rescue Pension Fund

 

Mayor Green read Ordinance No. 2012-19.

 

ORDINANCE NO. 2012-19

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 54, ARTICLE IV, CODE OF ORDINANCES, CITY OF PORT ORANGE FLORIDA, ENTITLED FIRE AND RESCUE PENSION FUND; AMENDING SECTION 54-77, REVISING DEFINITIONS; AMENDING SECTION 54-82, REVISING THE NORMAL RETIREMENT DATE AND BENEFIT AMOUNTS; AMENDING SECTION 54-91, REVISING THE MAXIMUM PENSION LIMITATION; AMENDING SECTION 54-100, REVISING THE DEFERRED OPTION RETIREMENT PLAN; PROVIDING THAT CERTAIN BENEFIT CHANGES SHALL NOT APPLY TO MEMBERS WHO HAVE ATTAINED ELIGIBILITY FOR NORMAL RETIREMENT; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

Attorney Roberts provided a revision and discussed the change.

 

Motion to approve Ordinance No. 2012-19 as revised made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Ford asked Council to reconsider the back pay issue. He wants to impose the pension, but not the retroactive pay.

Councilman Burnette asked if this ordinance codifies what has already been done. Mr. Parker and Attorney Roberts both said yes.

Councilman Burnette doesn't like that this went to court, but supports it because it's already been done. Councilman Burnette believes there are other options to fix the Fire issues.

Vice Mayor Pohlmann asked if the back pay is a separate issue. Mr. Parker said yes. Vice Mayor Pohlmann said this is not a personal issue with the firefighters, the pension plan needs to be fixed. He supports discussing the back pay issues. Sacrifices have to be made by all.

Councilman Kennedy agrees it is repairing some of the ongoing problems with pensions.

Mr. Parker advised that this ordinance is what the Council decided in 2010. He spoke about the changes and how they affect the firefighters.

Carol Calche addressed Council regarding the firefighters’ position relating to pensions, the SAFER grant, and the Flu shot program.

Corey Berman spoke regarding the 10% offer from the firefighters.

Ted Noftall asked for clarification regarding the retroactive option. Attorney Roberts said it is a subject of collective bargaining, separate from this ordinance. She will provide information to Council.

Mayor Green said it has not been pleasurable to go through, but Council's obligation is to the City, the whole City.

There were no further comments.

 

Motion carried unanimously by roll call vote.

 

19. Resolution No. 12-43 – Budget Appropriations pertaining to Grant Operating and Capital funds

 

Mayor Green read Resolution No. 12-43.

RESOLUTION NO. 12-43

 

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. 12-43 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Burnette asked about legal fees for Veolia. Attorney Roberts said currently Waste Pro is paying the legal fees, but prior to July's changeover of attorney there were $42,000 in legal fees paid by the City.

 

Motion carried unanimously by roll call vote after no further comments.

 

20. Resolution No. 12-44 – Charges and Fees relating to the Municipal Golf Course for Residents and Non-Residents

 

Mayor Green read Resolution No. 12-44.

 

RESOLUTION NO. 12-44

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ESTABLISHING REVISED CHARGES AND FEES RELATING TO MUNICIPAL GOLF COURSE FOR RESIDENTS AND NONRESIDENTS; PROVIDING FOR REDUCTION OR WAIVER OF FEES SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-44 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Mr. Parker provided details that the management company is asking for a 5 year maximum rate. The actual rate will be tied into each year’s budget.

Councilman Ford hopes raising the rates won't price them out of competition.

Councilman Burnette wants to ensure the value remains a good value.

Attorney Roberts clarified that all of the items listed are maximums.

 

Motion carried unanimously by roll call vote.

 

21. Monthly Financial Report

 

John Shelley, Finance Director, provided the finance report highlights for the month.

 

Councilman Burnette is still concerned with the telecommunication tax and state sales tax.

 

Motion to accept the Monthly Financial Report made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote after no comments.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

22. First Reading – Ordinance No. 2012-20 – Annexation/Madeline HTS PH II/Pepper Hill Enclave Case no. 11-10000001

 

Mayor Green read Ordinance No. 2012-20.

 

ORDINANCE NO. 2012-20

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ANNEXING APPROXIMATELY 5.6-ACRE ENCLAVE CONSISTING OF 21 LOTS IN THE MADELINE HEIGHTS PHASE II AND PEPPER HILL SUBDIVISION AND THE ADJACENT ROADWAYS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-20 made by Councilman Kennedy, and Seconded by Councilman Burnette.

 

Penelope Cruz, Principal Planner, provided details of the annexation. She advised Council that all residents have agreed to the annexation.

 

Motion carried unanimously by roll call vote after no public comments.

 

23. Resolution No. 12-41 – 12-1 Comprehensive Plan Amendments/George Copp Case no. 12-20000002

 

Mayor Green read Resolution No. 12-41.

 

RESOLUTION NO. 12-41

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ACCEPTING PROPOSED AMENDMENTS TO COMPREHENSIVE PLAN AND AUTHORIZING SUBMITTAL TO THE STATE LAND PLANNING AND OTHER AGENCIES; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Resolution No. 12-41 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Ms. Cruz provided details of the resolution. Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

PUBLIC WORKS (Roger Smith)

 

24. First Reading – Ordinance No. 2012-22 – Award of Non Exclusive Franchise for Roll-Off Containers (Bid No. 12-43)

 

Mayor Green read Ordinance No. 2012-22.

 

ORDINANCE NO. 2012-22

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING A NON-EXCLUSIVE FRANCHISE TO EACH OF THE FOLLOWING ENTITIES: WASTE PRO OF FLORIDA, INC., SOUTHEAST CONTAINER SERVICE, INC., AND SAMSULA WASTE, INC., FOR PROVIDING ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; OUTLINING FRANCHISEES’ DUTIES; PROVIDING TERMS AND CONDITIONS UNDER WHICH SUCH FRANCHISEES SHALL OPERATE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-22 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Ted Noftall asked if these are the only companies that can work in the city. Mr. Parker said yes. Mr. Noftall is concerned with businesses paying double what residents pay.

Vice Mayor Pohlmann asked for information on why businesses are charged differently. Mr. Parker said he will provide the information to Council.

 

Motion carried unanimously by roll call vote.

 

ADMINISTRATION (Ken Parker)

 

25. Resolution No. 12-37 - Florida Department of Environmental Protection (FDEP) Program Grant Award for Dunlawton Avenue Pond Construction

 

Mayor Green read Resolution No. 12-37.

 

RESOLUTION NO. 12-37

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING ACCEPTANCE OF FINANCIAL ASSISTANCE FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP AGREEMENT NO. S0612) GRANT AWARD FOR THE CONSTRUCTION OF THE DUNLAWTON AVENUE POND PROJECT; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AGREEMENTS OR CONTRACTS; AND PROVIDE AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-37 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Councilman Kennedy asked if there was a requirement to match the grant award. Mr. Parker said no.

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

26. Resolution No. 12-42 - Ratifying and Declaring Election Results of Primary Election

 

Mayor Green read Resolution No. 12-42.

 

 

RESOLUTION NO. 12-42

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RATIFYING THE RESULTS OF THE PRIMARY ELECTION FOR MAYOR AND CITY COUNCIL DISTRICT 3 HELD ON AUGUST 14, 2012; DECLARING THE CITY COUNCIL MEMBERS ELECTED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-42 made by Councilman Kennedy, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote after no public comments.

 

27. Resolution No. 12-48 – Naming Fire Station 73 for former Port Orange Fire Chief Michael Ertz

 

Mayor Green asked to move item #27 up so the family can leave. Council agreed and this item was heard before Item #20.

 

Mayor Green read Resolution No. 12-48.

 

RESOLUTION NO. 12-48

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, NAMING FIRE STATION 73, LOCATED AT 1090 CITY CENTER BOULEVARD IN HONOR OF MICHAEL L. ERTZ, FORMER FIRE CHIEF; PROVIDING THAT THE FIRE STATION BE NAMED THE “CHIEF MICHAEL L. ERTZ FIRE STATION 73”; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-48 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.

 

Kathy Ertz and her son thanked Mayor and Council. Mayor, Council members, and Mr. Parker provided words of endearment for Michael Ertz, former Fire Chief.

 

Motion carried unanimously by roll call vote.

 

 

 

COUNCIL COMMENTS

 

28. Comments/Concerns from Council Members

 

Councilman Ford wants some follow up in the Commonwealth area. He'd like the ditches cleaned. He asked if there is anything the City can do to get the County to clean them. Mr. Parker said Staff has talked with mosquito control who said they will do it but didn't provide a date. Staff will pursue.

 

Councilman Burnette said the League of Cities honored Mayor Green for 25 years of service. He asked that the Herbert Street safety hazard be a priority and moved up before 2013.

 

Vice Mayor Pohlmann asked if there are zones for Public Works on the east side vs. west side. Mr. Parker said a lot of the west side neighborhoods have HOA's. Roger Smith, Interim Public Works Director, said yes, there are zones for maintenance of mowing and drainage ways to be kept clear.

 

Councilman Kennedy wants something done about watering restrictions. He sees violations a lot and wants the residents notified.

 

29. City Council Committee Reports

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

b.    Transportation Planning Organization (TPO) – Councilman Ford reported that there has been no movement of projects/money.

c.    Library Advisory – Councilman Kennedy reported there is a meeting scheduled for September 6, 2012.

d.    Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported that the pension fund is ok for now.

e.    Municipal Police Officers Retirement Trust – Councilman Kennedy reported that the fund is as high as it's ever been. He provided a letter that the pension board sent to the state. They are asking Council to support their position. The letter was given to Mayor Green (and then provided to the Clerk for the official record book.)

f.     General Employees General Retirement Trust – Councilman Ford reported that the Board is actively reviewing the investment person and will begin looking for a new person if the performance doesn’t get better.

g.    YMCA – John Shelley provided the financial report previously.

h.    Volusia Council of Governments (VCOG) – Mayor Green reported Deltona is pulling out. They have requested a resolution against synthetic marijuana.

i.      Volusia League of Cities – Councilman Burnette provided a report previously in this meeting.

j.      ArtHaus – Councilman Burnette reported that there is a need for sponsors for sidewalk art during Family Days. Anyone interested can contact Councilman Burnette or ArtHaus.

k.    Port Orange/South Daytona Chamber of Commerce – Councilman Burnette provided dates for upcoming events.

l.      Golf Course Board of Directors – Mayor Green advised that the report was previously presented by KemperSports.

m.   Communications Interlocal Agency (CIA) – Nothing to report

 

ADJOURNMENT:    10:15 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager