REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
SEPTEMBER 25, 2012
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:03 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
David Hood, House of Representative District 25 Candidate, introduced himself.
Drew Bastian, Candidate for City Council District 3, introduced himself.
Christina Kephart, Candidate for State Representative District 25, introduced herself. She is ready to learn and put forth the best interest of the city and state citizens.
Bob Pohlmann, City Council District 3 Candidate, introduced himself.
SPECIAL REPORTS, AWARDS, PROCLAMATIONS
4. Local Business Spotlight
There was no business to spotlight this month.
5. Report from Kemper Sports Management regarding Cypress Head Golf Course
Mike Collins, Kemper Sports General Manager, provided their report. They received the 2012 Best Golf Course Award for the third year in a row, as well as the Hometown News award for Best Golf Course.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
6. Approval of Minutes
a. September 4, 2012 – Regular City Council Meeting
7. Project Manager’s Report
8. ATM License Agreement between the City of Port Orange and SunTrust Bank
9. Special Event Request – Roadside Tavern, 3400 S. Nova Road
10. Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Avenue; Best Cars, 5816 S. Ridgewood Avenue; Hunt for Cars, 5796 S. Ridgewood Avenue
11. Special Event Request – First Turn Steakhouse & Lounge, 5236 S. Ridgewood Avenue & 5204 Ridgewood Avenue
12. Floodplain Management Annual Progress Report
13. Amendment No. 7 to ZCA Continuing Services Contract for CDBG Funded Safe Routes to School Sidewalks
14. Florida Department of Transportation Section 408 Highway Safety Grant Funds
15. Victims of Crime Act (VOCA) Grant
16. Approval to Utilize State Contract to Purchase Tires for Fleet Vehicles
17. Sole Source Authorization of Landfill Services by the County of Volusia
18. Sole Source Authorization of Sanitary Sewer Sludge Truck Refurbishment by Southern Sewer Equipment Sales
19. Engineering Services Contract with Quentin L. Hampton Associates, Inc. for Water and Reclaimed Water Plant Improvements as per Addendum No. 87
20. Wraparound Agreement of Volusia County Contract #08-B-165DK Backflow Device Testing and Certifications awarded to Aaron’s Backflow Services, Inc.
21. Approve Bid Award with A.G. Pifer as the lowest and most responsive bidder for City Center Ball Field Improvements and fence replacement pursuant to Bid No. 12-42
22. Change Order #1 (Deductive) with McMahan Construction for the Garnsey Water Treatment Plant Backwash Recovery Pumps and Filter Backwash Piping Project Engineering Services Contract
23. Wrap Around Agreement with Premier Magnesia for Magnesium Hydroxide for the Reclaimed Water Treatment Plant
24. Bid Award for Purchase of Water and Wastewater Treatment Chemicals
25. Agreement with Carmeuse Lime & Stone for Calcium Bulk Quicklime for the Water Treatment Plant
26. Agreement with Odyssey Manufacturing Company for Liquid Sodium Hypochlorite for the Water Treatment Plant, Wastewater Treatment Plant and Reclaim Lake Facility
27. Agreement with Thatcher Chemical of Florida for Bulk Chemicals for the Water Treatment and Wastewater Treatment Plants
28. Agreement extension with Airgas Carbonic Inc. to supply Carbon Dioxide used at the Water Treatment Plant
29. Approval to Piggyback City of Jacksonville’s Contract (CS-0136-10) with USA Services of Florida, Inc. for street sweeping services
30. Sheriff’s Association Contract to Purchase Fleet Vehicles & Equipment
31. Laundering/Dry Cleaning Service for Police and Fire Personnel
32. Contract Extension for Fuel Purchases Volusia County Cooperative Bid #09-B-30VO
Margaret Roberts, City Attorney, requested that the following items be pulled: #15, 16, 24, 26, 27, 28, and 30
Motion to approve Consent Agenda Items #6-14, 17-23, 25, 29, and 31-32 was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #15 – Ms. Roberts advised that the State did not agree to changes she had requested, so the agreement is as approved by Council in previous years.
Motion to approve made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote.
Item #16 – Ms. Roberts advised of changes to the contract.
Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Item #24 - Shannon Lewis, Assistant City Manager, asked that item #24 be pulled because of a bid protest for one of the items. Staff is requesting it be approved for the other chemicals not included in the bid protest.
Motion to approve as requested made by Councilman Ford, and Seconded by Councilman Burnette.
Vice Mayor Pohlmann asked if the products are American made. Ms. Lewis said it was not in the bid specs. Mr. Parker explained that it was a cooperative bid through Palm Coast. Port Orange City Staff did not write the specs.
Motion carried by 4-1 by roll call vote, with Vice Mayor Pohlmann voting no.
Item #26 – Ms. Lewis asked that item #26 be pulled because of a bid protest. She advised that Odyssey has agreed to extend the current terms of their contract through November 30, 2012 so that the bid protest can be completed. The item was referred back to Staff. Councilman Ford asked if Odyssey is an American Company. Ms. Lewis said she will check into it, but she doesn’t believe any of the companies and their products are anything but American.
Item #27 – Ms. Roberts believes this item needs to be segregated to two contracts. She would request a motion be made to approve segregation should it be necessary.
Motion to approve with segregation if necessary, made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried by 4-1 roll call vote, with Vice Mayor Pohlmann voting no.
Item #28 – Ms. Roberts advised of changes relating to insurance provisions and indemnity language.
Motion to approve with changes made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.
Item #30 – Ms. Roberts advised of changes relating to chassis #50 rather than #49.
Motion to approve with changes made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
FINANCE (John Shelley)
33. Second 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.
Motion to approve Ordinance No. 2012-19 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Councilman Kennedy is glad to see changes being made to help the plan.
Vice Mayor Pohlmann asked if this changes any future contracts with the firefighters. Mr. Parker said the language is being worked on in the new contract with the members of the union. This is not part of the current negotiations.
Corey Berman asked how firefighters are affected for tenure dates. Mr. Parker said it doesn't affect them. He said there would be two calculations, one under the old ordinance, and one under the new ordinance.
Drew Bastian asked if there is a cost to changing the Ordinance now and then changing it again in five or six weeks when an agreement is met. Ms. Roberts said no, there are no additional costs to voting on this item now.
Motion carried unanimously by roll call vote.
34. Monthly Financial Report
John Shelley, Finance Director, provided the monthly financial report.
Councilman Burnette is looking forward to designating the extra funds to a project in the upcoming workshop.
Councilman Ford said there are a lot of needs so the workshop will be interesting.
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)
35. Discussion regarding Sign Permit Code
Councilman Burnette asked that item #35 be moved up to accommodate a citizen who would like to speak on the item. Council agreed. This item was discussed prior to item #33.
Ray Donadio spoke regarding the sign ordinance issues he experienced. He was told a contractor must pull the permit because he is not the owner of the building and the owner does not occupy the building so he couldn’t pull the permit either.
Wayne Clark advised that the sign code is outdated with respect to modern technologies. It is possible for the code to be changed if Council wants it changed.
Mayor Green wants to make sure the signs are inspected for hurricane winds and structure.
Councilman Ford agrees.
Councilman Burnette doesn't want to be an impediment to small business. He is in favor of changing the code.
Vice Mayor Pohlmann also supports the change as long as removing the need for a contractor isn't required by the Florida Building Code.
Councilman Kennedy agrees with an inspection being needed.
Mr. Parker said Staff will discuss with sign contractors and other cities and prepare the change.
PARKS AND RECREATION (Susan Lovallo)
36. Resolution No. 12-58 – Amend Fee Resolution 12-1 Establishing Revised Fees for City Co-Sponsored Athletic Leagues
Mayor Green read Resolution No. 12-58.
RESOLUTION NO. 12-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING REVISED CO-SPONSORSHIP FEES; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE.
Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Vice Mayor Pohlmann asked if there is a raise in the fees. Susan Lovallo, Parks & Recreation Director said there is no change in the individual fees. The co-sponsor fee did go up though.
Motion carried unanimously by roll call vote.
37. Resolution No. 12-59 - Co-Sponsorship Sports Groups Agreements beginning in 2013
Mayor Green read Resolution No. 12-59.
RESOLUTION NO. 12-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE CO-SPONSORSHIP AGREEMENT FORM AND AUTHORIZING CITY MANAGER TO SIGN PARKS AND RECREATION CO-SPONSORSHIP AGREEMENTS ON BEHALF OF THE CITY OF PORT ORANGE; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by roll call vote.
PUBLIC WORKS (Roger Smith)
38. Second 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. Motion carried unanimously by roll call vote.
ADMINISTRATION (Ken Parker)
39. Major Special Event Request – Lighthouse Loop Half Marathon at Our Deck Down Under, 78 E. Dunlawton Avenue; Aunt Catfish Restaurant, 4009 Halifax Drive; and the vacant lot at 4075 Ridgewood Avenue (adjacent to the Aunt Catfish parking lot)
Mr. Parker advised Council that the event coordinators have asked for a waiver of the bond.
Mayor Green is not in favor of waiving the bond.
Councilman Kennedy said Council has held strong on that over the years.
Mr. Parker said normally the Council has required the bond during the first year and if it’s a good event, the second and subsequent years, Council has considered waiving the bond.
Jennifer Florida provided the contact information for the event; donations can be made at www.lighthouseloop.com, by clicking the “Contact us” link.
Councilman Burnette asked how much the bond is. Mr. Parker said $250.
Councilman Ford asked what the bond covers. Mr. Parker said it covers any clean-up after the event. Councilman Ford would like to see more special events and supports waiving the bond.
Mayor Green asked if the police are helping more with this event than other events.
Chris Besuden said the police are working with them but they are covering the costs of the police and cones.
Mayor Green wants to stay consistent.
Motion to continue with the bond for this year made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote with Councilman Ford voting no.
Stephanie Rees provided details to Council showing that with the four jurisdictions they are working with, Port Orange is the highest with the shortest length. Councilman Ford believes the City’s fees are too high. He wants to see Council support these events more. Ms. Rees advised that there are 720 participants signed up so far.
Mr. Parker asked for a Motion to approve the major special event request with the bond.
Motion to approve the major special event made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Councilman Ford asked if the concrete plant is being approved. Tim Burman, Planner, said some steps are done. The site plan has been approved as it met all code requirements. The DEP permit has been approved and is needed for a pre-construction meeting. Councilman Ford doesn't like the fact that a concrete plant is being placed in the Rose Bay area. He asked Mr. Parker how the zoning approves it. Mr. Parker will pull the rezoning materials and data.
Councilman Burnette asked what it would take to be a permanent medical collection site. Mr. Parker will check into it. Councilman Kennedy said there are strict narcotic rules with it.
Vice Mayor Pohlmann believes some of the motels on Ridgewood are homes for homeless students at Creekside Middle School. He cautions getting rid of them completely but agrees the illegal activity needs to stop.
Mayor Green reminded Council that Thursday night is the Volusia League of Cities dinner.
a. City Investment Committee – Councilman Kennedy reported that the Committee meets on October 16, 2012.
b. Transportation Planning Organization (TPO) – Councilman Ford reported that they are moving ahead with hiring a new director.
c. Library Advisory – Councilman Kennedy reported that the library has a list of happenings. The PO branch continues to be second and third in reservations and check outs in the county.
d. Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported there is a meeting in November. He is pushing for a better performing actuary.
e. Municipal Police Officers Retirement Trust – Councilman Kennedy reported that they also have a meeting in November.
f. General Employees General Retirement Trust - Councilman Ford reported that the fund was at a 14.1% increase at Monday’s meeting, but as of this meeting date, the market is down triple digits. They put a new policy together for DROP and COLA was discussed.
g. YMCA – Vice Mayor Pohlmann reported that the YMCA is struggling to stay in the black. They are trying to help as many families as they can and it is affecting their bottom line.
h. Volusia Council of Governments (VCOG) - Mayor Green did not attend.
i. Volusia League of Cities - Mayor Green reported on the dinner on Thursday.
j. ArtHaus – Councilman Burnette reported that ArtHaus is looking for sponsors for Family Days.
k. Port Orange/South Daytona Chamber of Commerce – Councilman Burnette reported on the events being held by the Chamber, including the Friday morning Mix and Mingle, Ribbon Cutting at Chase Bank, and others. They are very involved.
l. Golf Course Board of Directors - Mayor Green said the report was given by KemperSports previously in this meeting.
m. Communications Interlocal Agency (CIA) – nothing to report.
Ms. Roberts advised Council that a lien was filed on a Code Enforcement Board action in 2010 at the property located at 45 Springwood Sq. The notices were provided to the property address but the homeowner didn't live at the property. No notice was provided to the homeowner as required by law. The homeowner is requesting the lien be released because of insufficient notice. Ms. Roberts doesn't believe the notice requirements were properly met and recommends the lien be released.
Motion to release the lien was made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.
Councilman Ford wants to make sure it doesn't happen again and asked Mr. Parker how to prevent a reoccurrence. Mr. Parker advised that there is a whole new group in the City Clerk’s Office now. None of the same employees are there.
Motion carried 4-1 by roll call vote, with Mayor Green voting no.
Mr. Parker reminded Council of the facilitated discussion meeting to be held on Monday, October 1, 2012 at 1pm regarding the Doris Leeper/Spruce Creek Preserve (DLSCP). He asked that Council designate someone as their spokesman.
Motion to designate Mayor Green as Council’s spokesperson was made by Vice Mayor Pohlmann, and Seconded by Councilman Ford. All in favor.
Ms. Roberts advised that Staff will be working toward the policy decisions already made by the Council. Consensus of Council is for Mayor Green to represent the Council at the meeting.
Mr. Parker advised that he needs feedback on Council’s available dates for the CIP workshop, which will be towards the end of October or the first of November. Brendan Galbreath asked for dates for a meeting with Ridgewood businesses. Mr. Parker will get with the Chamber to schedule that meeting. Council needs to make nominations for recognizing individuals at Memorial Park in December.
Mayor Green said Andy Kidd (Spruce Creek High School Band) goes above and beyond. Mr. Parker said he is already in Memorial Park.
Councilman Kennedy said there have not been any community meetings scheduled lately and asked if anything is planned. Mr. Parker said not till January because of the elections.
Mayor Allen Green
Kenneth W. Parker, City Manager