REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
OCTOBER 2, 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
Mayor Green thanked City Staff for their work on the Doris Leeper/Spruce Creek Preserve issues (DLSCP), specifically Donna Steinebach, Linda Shelley, Cheryl Degrinsa, Steve Edgar, Margaret Roberts, Ken Parker.
Drew Bastian introduced himself. He is running for City Council, District 3.
Bob Pohlmann also introduced himself. He is also running for City Council, District 3.
David Hood introduced himself. He is running for the House District 25.
SPECIAL REPORTS, AWARDS, RECOGNITION, PROCLAMATIONS
4. City Attorney Employee Recognition
Margaret Roberts, City Attorney, recognized Betty Ceribelli for earning an Advanced Paralegal Certification in the area of Land Use from NALA. Mayor Green thanked Ms. Ceribelli for her service, as did other Council Members.
5. Student Recognition - Van Truong
Mayor Green read a Proclamation recognizing Van Truong for earning the 2012 Alexander Hamilton Citizenship Achievement Award for outstanding achievement and community service.
6. Parks & Recreation Advisory Board Quarterly Report
Jack Wiles, Chairman of the Parks & Recreation Advisory Board, provided their quarterly report. Mr. Wiles asked how to fund the launch at the end of Spruce Creek Road, is a land swap possible, and who could tell them which park lands can be sold or swapped. Mr. Parker said Staff can help answer those questions. Mr. Wiles discussed an option for a large baseball field at Atlantic High School. He asked Council for permission to discuss it with Atlantic High School. Mr. Parker advised that the discussion will have to be done with the school board directly. Mayor Green said it needs to be a short term lease agreement with the school. Councilman Kennedy agrees on the short term lease. Councilman Burnette said the school wants the City to put lights on the field. Councilman Ford wants a joint meeting with the Parks and Recreation Advisory Board to discuss options and future plans. Mayor Green agrees. Mr. Wiles asked to be included on all parks and recreation discussions and thoughts.
Mr. Parker thanked Jack and Brad Wiles for their work with the Wounded Warriors. Mr. Parker will schedule the joint meeting prior to the capital budget meeting.
7. John Ligon, Florida League of Cities – Recognize Mayor Green for 25 years of service
John Ligon, Florida League of Cities, recognized Mayor Green for 25 years of service. Mayor Green thanked his family, friends, staff, and colleagues.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Ted Noftall addressed Council regarding a decision made at the General Employee's Pension Fund Board. He doesn't feel the Board is diverse. Councilman Ford feels the participants should serve because it is their money but it could be more diverse. The members pay attention and are good members. Mr. Parker advised that it is set up in the ordinance. He reminded Council that this Board is the board that suggested changes in the plan because it was moving in the wrong direction. Member qualifications can be looked at with the set up in the ordinance.
Ted Noftall also addressed Council regarding internal controls. He believes the City has a lack of internal controls. He'd like to know who is responsible for internal controls. He believes the citizens are at great risk by not getting answers and with the lack of internal controls. Mayor Green would also like the solution, along with the costs to implement a program so that the public works issues do not happen again.
Henry Frederick, Headlinesurfer.com, requested use of the City Council Chambers for a debate with City Council District 3, State Representative, and County Council. Mr. Parker asked if Council agrees, he would like the debate to be televised on pogTV. Councilman Ford supports a debate. Councilman Burnette agrees, as does Councilman Kennedy and Vice Mayor Pohlmann.
8. Approval of Minutes
a. September 18, 2012 – Regular City Council Meeting
9. Construction Activity Report
10. Parks & Recreation Project Updates
11. Tif Jen Annual Landscape Maintenance Contract Revalidation with CPI Rate Adjustment and Change Order for Additional Services
12. Tuff Turf Annual Landscape Maintenance Contract Revalidation with CPI Rate Adjustment
13. Approval to Utilize Volusia County Contract for GPS Tracking with Ituran USA, Inc.
14. Approve Bid Award with D&W Paving as the lowest and most responsive bidder for construction of a multi-purpose field and reclaimed water line at Coraci Park pursuant to Bid No. 12-47
15. Employee Assistance Program Services Agreement
16. Wrap-around Agreement with Ferguson Water Works for Utility Supplies
Motion to approve Consent Agenda Items #8-14 and 16 was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Margaret Roberts, City Attorney, advised that item #15 is an increase of $1,000 not $1,600. There was a typo on the agenda form. Mayor Green asked what the program is. Heather Carrizales, Human Resources Administrator, explained the program. Mr. Parker said the City has had the program since 1988, it assists employees and their families with finance, legal, emotional issues.
Councilman Kennedy supports the program, as does Vice Mayor Pohlmann, Councilman Ford and Councilman Burnette.
Motion to approve Consent Agenda Item #15 was made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
PUBLIC SAFETY (Jerry Monahan)
17. Second Reading – Ordinance No. 2012-21 – Amendment of Section 70-33 increasing fines and amending procedure for enforcement of parking violations
Mayor Green read Ordinance No. 2012-21.
ORDINANCE NO. 2012-21
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, AMENDING CHAPTER 70, ARTICLE II, SECTION 70-33 RELATING TO THE PARKING CITATION PROCEDURE FOR ENFORCEMENT AND PROSECUTION; AMENDING SECTION 70-33 INCREASING THE FINE FOR PARKING VIOLATIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.
Mayor Green asked for public comments; there were none.
Motion carried unanimously by roll call vote.
ADMINISTRATION (Ken Parker)
18. Resolution No. 12-67 - Wetland Mitigation Credit donation to Volusia County for Williamson Blvd. extension
Mayor Green read Resolution No. 12-67.
RESOLUTION NO. 12-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE RELEASE OF STATE WETLAND MITIGATION CREDITS FROM THE CITY OF 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. 12-67 made by Councilman Kennedy, and Seconded by Councilman Burnette.
Mr. Parker explained that Volusia County and Port Orange have discussed wetland mitigation credits.
Councilman Burnette asked what the price is for the credits. Mr. Parker said $40,000 each.
Councilman Ford asked how many credits are left. Mr. Parker said over 100.
Ted Noftall asked Council how this came about. He doesn’t believe it was in the “Sunshine”. Mayor Green said this road has been discussed over and over for 10 years or more. Mr. Noftall asked about the conversations made prior to this item being brought to Council. Ms. Roberts said the City Manager is recommending the item. Mr. Parker said the County changed their position on the credits. Vice Mayor Pohlmann said there is no conflict of interest that would prevent him from voting on this item.
Motion carried unanimously by roll call vote.
19. Comments/Concerns from Council Members
Councilman Kennedy asked if there is any further information about the smart meters. Mr. Parker advised that the PSC has taken it under advisement. They did not tell FPL to discontinue installing. Councilman Kennedy reminded all of Family Days this weekend.
Vice Mayor Pohlmann asked if the October 16th meeting could be moved up to 6pm because the Presidential debate is being held. Mr. Parker advised that there is a bid protest to be heard. Councilman Ford cannot make it before 7pm that night. The meeting will remain at 7pm. Staff will try to keep the agenda light.
Councilman Burnette is concerned with changing the times around where the citizens won't know when to appear. He would like the median coming into City Hall addressed, it's full of weeds. He wants to discuss synthetic pot, do they need a resolution. Mayor Green said enforcement is almost impossible. Jerry Monahan, Public Safety Director, explained that the ingredients of the synthetic pot keep changing. He said there is no authority to tell sellers to take it off the shelf but retailers are mostly complying with their request for it to be removed. Mr. Parker said several cities have passed ordinances. Chief Monahan is in favor of an ordinance. Councilman Burnette asked for information from Chief Monahan and Ms. Roberts so they can have the discussion on what to do. Councilman Burnette would like to be able to provide an evaluation to the City Attorney's office each year just like they do for the City Manager's office. Mayor Green agrees.
Councilman Ford agrees with an evaluation but hates criticizing in public. He would like the Council to re-consider the prohibition on street sweeping, especially in the Commonwealth area. He asked if the City could cut the County ditches and if the City should mow Clyde Morris because they look terrible. Mayor Green asked Mr. Parker to check to see if the County will pay for the City to maintain the areas. Councilman Ford wants to talk about the level of code enforcement efforts in the eastside area.
Mayor Green asked if Staff can work with business owners on US 1 to get cameras up at the businesses to help with criminal activity and prosecution. Mayor Green recognized Dr. Al Williams for his community service work.
Mr. Parker provided materials relating to Altamira. They have their state permits, but not all of the documents required to the City. Ms. Roberts is reviewing documents. Hopefully within two weeks, the plans will be stamped for construction. P&S said they need eight weeks from the date plans are stamped to get to the wall.
Mayor Allen Green
Kenneth W. Parker, City Manager