REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

DECEMBER 11, 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 Drew Bastian

Councilman Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green

 

                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk

 

A.   SPECIAL AWARDS, RECOGNITION, PROCLAMATIONS, REPORTS

 

4.       Port Orange/South Daytona Chamber of Commerce Quarterly Update

 

Debbie Connors provided a written and verbal report to Council.

 

5.    Lighthouse Loop Half Marathon Success Report

Stephanie Rees provided a report for the half marathon. Ms. Rees thanked City Staff, in particular the Police Department, for their help, as well as the sponsors.

B.   CITIZEN PARTICIPATION (Agenda)

 

6.    Marc Hazen – Baseball Facility

 

Marc Hazen and Danny Acosta discussed a potential baseball facility with Council. They are trying to open an indoor facility and need Council’s approval for the facility to be in Eastport. Mr. Parker advised that this item is planned to be discussed at the Planning Commission meeting  in December. Council is in support of the item.  Mr. Hazen explained that their teams were able to meet and work with the Melina brothers from Major League Baseball. They are planning on having the Melina brothers back for hitting lessons.

 

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

 

Ted Noftall asked Council about the end of the year audit status. Stella Gurnee, Comptroller, advised that the year-end audit has not started because Staff is so far behind. Mr. Noftall asked what the schedule is now. Ms. Gurnee said early January and completing it by the end of January. Mr. Noftall suggests Council meet with the auditor at the first meeting in January. Mayor Green agreed, as well as Councilman Ford. Councilman Ford wants the auditor to work with Council rather than only with Staff.

 

Thomas Metacall addressed Council regarding LED signage. He complained of the lights at Tuscan Village on Nova Road. He asked for guidance and a moratorium on LED signs until they can be discussed further. Mayor Green asked for the item to be placed on a future agenda for discussion.

 

Phil Klema, Port Orange Historic Trust, invited everyone to the Battle of Dunlawton presentation on January 20, 2013 at Riverside Pavilion at 2:00 p.m. Friday at 1:00 p.m. at Herbert Street, the City will be presenting the monthly historic presentation regarding the Gardner Seafood Restaurant.

 

Karen Koch, Chairperson of the HOA Group, thanked Council and Staff for their support in re-establishing the group. She advised of the new Board. Alliance of Port Orange HOA will be their name. She requested access of the City Attorney for helping them start up and also for a $5,000 grant for start-up costs and fees. Margaret Roberts, City Attorney, would be happy to help them determine if they need an attorney. Vice Mayor Burnette suggested using the neighborhood improvement grant fund. He doesn’t know that the full amount would be a good idea, but maybe half. He wants to support their start-up. Councilman Ford agreed and believes Council should help with start-up funds. He also urged the City Attorney to assist. Councilman Bastian also agreed with supporting their effort. Councilman Kennedy was impressed with the turnout and the involvement.

 

Newton White thanked Council and Staff for their help this year as he has become more involved in the community. He wished all a Merry Christmas and a Happy “Newt” Year.

 

D.   BOARD APPOINTMENTS AND INTERVIEWS

 

7.    Board Appointments

a.    Library Advisory Board – Shirley VanTassel

Motion to appoint Shirley VanTassel to the Library Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford.

Shirley VanTassel introduced herself and advised Council that she would like to help the Board. She has experience with the City of Daytona Beach.

Motion carried unanimously by voice vote.

E.   CONSENT AGENDA

 

8.    Approval of Minutes

a.    November 13, 2012 – Special City Council Meeting

b.    November 13, 2012 – Regular City Council Meeting

9.    Change Order #1 to existing contract with Hazen Construction for Water System Replacement Project

10. Validate authorization of Addendum No. 27 with Quentin L. Hampton Associates, Inc. for Stormwater Utility Atlas & Composite Mapping

11. RFSQ #12-36/Construction Inspection Services, Environmental Services and Debris Monitoring Services

12. Authorization to Advertise Land Management RFQ for Mitigation Bank, Forestry, and Lake Management Services

13. Wrap Around Agreement with Florida N-Viro for Wastewater Residuals Management Services

14. Sungard HTE annual software & technical support maintenance

15. First Amendment to the Contract for Professional Engineering Services for Site Development with Kimley-Horn and Associates, Inc. for the design modification and construction administration of the Town West Blvd. and Williamson Blvd. traffic signal

16. Eighth Amendment to the Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates for the design, permitting, bidding and construction administration of the Southwinds Drive sidewalk from Tradewinds Land to Southwinds Blvd.

17. 2012 Concurrency Management Report

18. City Attorney’s Quarterly Report

19. Renewal of Service Contract with Halifax Humane Society

 

Mayor Green asked that Item #14 be pulled.

 

Motion to approve Consent Agenda Items #1-13 and 15-19 made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #14 – Tony Marino, IT Director, explained that this item is the annual support and maintenance contract. The price has decreased. This is for all of our systems. Mr. Metacall asked if this will be included in the audit. Mr. Parker said the auditor must look at the software during the audit. Councilman Ford has heard conflicting reports on how up to date the software is. Mr. Marino explained that large companies are still using the same type of systems. It is stable software.  

 

Motion to approve Item #14 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

F.    TABLED ITEMS

 

20. Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit water consumption (Tabled on October 16, 2012)

 

Motion to pull item from the table made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote, with Councilman Ford voting no.

 

Mr. Marino explained the need for the tower. He recommends using this system. Mayor Green asked if this is the only tower able to read the meters. Mr. Marino said the City is too deep into this system not to use this tower. No matter what meters Council decides to use in the future, meter readers must read the meters in place now. This will help. Vice Mayor Burnette doesn’t want to write Sensus another check until the meter issue is fixed but he realizes Staff needs to read the meters now. Councilman Ford feels he has been deceived. Councilman Ford asked how long the tower has been at Coquina Cove. Mr. Parker and Stan Hetrick said 2007. Councilman Ford doesn’t want to deal with Sensus at all. He estimates $2-3 million in losses annually. He would like to bring an outside meter expert in to advise of meters. He can’t figure out why Sensus is still doing business with the City of Port Orange. Mr. Marino said there’s a company that was used in Cleveland, B&B, to help with the whole process. Mayor Green asked how meters would be read without this system. Ms. Gurnee advised more staff would be needed in the office and in the field (meter readers). Vice Mayor Burnette said they are not getting enough information to make an informed decision. Mr. Marino suggested the time might be right to switch to Neptune software. Mayor Green said it’s still being piecemealed. Councilman Kennedy asked how long it would take to get a company like B&B to give a report. Mr. Klema asked if a field test was done. Mr. Marino said yes. Mr. Klema asked for the results. Mr. Marino said the meters were out of range.

 

Mayor Green asked that it be added to the December 20, 2012 special meeting.

 

Motion to table Item #20 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

G.   FINANCE (Stella Gurnee)

 

21. Second Reading – Ordinance No. 2012-32 – Amending the Fire Pension Plan to comply with various provisions of the Internal Revenue Code

 

Mayor Green read Ordinance No. 2012-32.

 

ORDINANCE NO. 2012-32

AN ORDINANCE 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 54-94, QUALIFICATION OF SYSTEM; AMENDING SECTION 54-99, DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; ELIMINATION OF MANDATORY DISTRIBUTIONS; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 12-77 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Parker advised that there are no benefit changes to this ordinance. This is just to bring it into compliance with IRS guidelines.

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

City Clerk advised that the Motion was related to Resolution No. 12-77 rather than Ordinance No. 2012-32.

Motion to reconsider Resolution No. 12-77 & Ordinance No. 2012-32 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.

 

Motion to adopt Ordinance No. 2012-32 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

22. Resolution No. 12-77 – Budget Appropriations

 

Mayor Green read Resolution No. 12-77.

 

RESOLUTION NO. 12-77

 

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 adopt Resolution No. 12-77 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Ted Noftall asked why there is another $147,000 being appropriated to fire already. Mr. Parker explained it is for the overtime awarded by the arbitrator. Mr. Noftall asked how Staff knows there won’t be enough in the fire budget. Ms. Gurnee explained that there has been too much overtime this year because of the arbitrator’s decision.

 

Motion carried unanimously by roll call vote.

 

Mr. Parker advised that all nine (9) positions were filled in the fire department.

 

H.   COMMUNITY DEVELOPMENT (Wayne Clark)

 

23. Second Reading – Ordinance No. 2012-16 – LDC Amendments/Subdivision and Site Plan Regulations, Chapters 2, 3, 5, 6, 7, 9, 10, 13, 16, and 17, Case no. 12-25000004

 

Mayor Green read Ordinance No. 2012-16.

 

ORDINANCE NO. 2012-16

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE CHAPTER 2, AMENDING DEFINITIONS; CHAPTER 3, RELATING TO DEVELOPMENT ORDER CONDITIONS; CHAPTERS 3, 5, AND 6, RELATING TO THE DEVELOPMENT PLAN REVIEW PROCESS FOR SUBDIVISIONS AND SITE PLANS; CHAPTER 5, RELATING TO SUBDIVISIONS, ADDING DEFENSIBLE SPACES REQUIREMENT AND REMOVING PRELIMINARY PLAT PROCESS; CHAPTER 6, RELATING TO SITE PLANS, ADDING CROSS ACCESS EASEMENT REQUIREMENT; CHAPTER 13, RELATING TO OPAQUE FENCE OR WALL REQUIREMENTS; CHAPTERS 7, 9, 10, 16, AND 17, AMENDING CROSS REFERENCES TO AMENDED SECTIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-16 made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford is concerned because he doesn’t know the implications.

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

24. Second Reading – Ordinance No. 2012-30 – 2012 Capital Improvements Element (CIE) Annual Update/Adoption Case no. 12-27500001

 

Mayor Green read Ordinance No. 2012-30.

 

ORDINANCE NO. 2012-30

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF AMENDMENTS TO THE COMPREHENSIVE PLAN; AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-30 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.

 

25. First Reading – Ordinance No. 2012-34 – Rezoning/Planned Commercial Development (PCD) to Community Commercial (CC), Southeast Corner of Clyde Morris Blvd. and Reed Canal Road, Case no. 12-60000003

 

Mayor Green read Ordinance No. 2012-34.

 

ORDINANCE NO. 2012-34

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING APPROXIMATELY 12.2 ACRES LOCATED EAST OF CLYDE MORRIS BUILEVARD, SOUTH OF REED CANAL ROAD FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO COMMUNITY COMMERCIAL (CC); AUTHORIZING REVISION OF OFFICIAL ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2012-34 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Tim Burman, Principal Planner, provided details of the item as provided in the written Staff Report. Staff recommends approval. Mayor Green asked who the owners are of the property. Mr. Burman said Buddy LaCour is the managing partner. Mayor Green will abstain.

 

Parker Mychenberg provided more details of the project.

 

Councilman Bastian asked if the new zoning is more restrictive or less. Mr. Mychenberg believes they are equal. They are both commercial zoning options. Vice Mayor Burnette asked why the need for the change. Mr. Mychenberg provided details. Vice Mayor Burnette asked what the differences are with the zoning types. Mr. Burman explained that a PCD requires an MDA; CC zoning does not require an MDA. The applicant is proposing to use the land for projects that meet regular zoning requirements.

 

Jack Hoyt, LaCosta Village, asked if this land immediately abuts that of Covenant United Methodist Church. Mr. Mychenberg said yes. Mr. Hoyt asked if there would be zoning issues for parcel 4 if the church were to purchase the property. Mr. Burman said yes, it would need to be rezoned to GPU.

 

Motion carried by roll call vote, 4-0-1. Mayor Green abstained from voting due to his previous dealings with the LaCour family.

 

26. Resolution No. 12-78 - Proposed Easement Vacations – Lot 1, Westport Square P.C.D., Phase I Subdivision, Case no. 12-35000003 (Publix)

 

Mayor Green read Resolution No. 12-78.

 

RESOLUTION NO. 12-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, CONDITIONALLY VACATING THE CONSERVATION EASEMENT AND A PORTION OF THE UTILITY EASEMENT LOCATED ON LOT 1, WESTPORT SQUARE P.C.D., PHASE I SUBDIVISION; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 12-78 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Margaret Momberger, Senior Planner, provided details from the Staff Report.

 

Motion carried unanimously by roll call vote.

 

Attorney Roberts advised the work can be done before the easement is fully vacated and if Council so approves.

 

Motion to approve alterations within the existing conservation easement pursuant to the landscape and grading plans submitted by the applicant and as summarized in the sketches provided in the agenda packet as Exhibits “A” and “B” was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

27. Major Special Event Request - Thrive Community Church at Kangaroo Express – 1591 Dunlawton Ave.

 

Dena Joseph, Code Compliance Inspector, provided details of the item as provided in the written Staff Report. The plans have been reviewed by planning, police, and fire. The FDOT permit has been approved.

 

Pete Kierstead, Lead Paster of Thrive Community Church, addressed Council and introduced Greg Novak, Treasurer for the Church.

 

Greg Novak, Thrive Community Church Treasurer, addressed Council as to their plans. They are asking for relief on the fees and costs to run the event. He’s not sure how the event got so blown up. He doesn’t believe it will be as big as Staff is making it.

 

Mayor Green thinks this event will have a major effect on the traffic in the area and doesn’t think it is a good location for this event.

 

Councilman Kennedy agreed. He asked how they will stack traffic.

 

Councilman Bastian agreed and asked if other locations have been explored.

 

Vice Mayor Burnette disagreed. He feels like it must be on a major intersection. He asked what determines if it’s a major event or minor event. He asked why six (6) hours are being charged when they are only asking for two (2) hours.

 

Mr. Parker advised that the staging happens well in advance of the event. Council has the authority to waive the fees. There are a mandatory three hours of overtime for the police officers having to work the event. Roger Smith, Interim Public Works Director, explained the charges. Crews will be out beginning at 7:00 a.m. Vice Mayor Burnette isn’t sure the efforts are worth the savings.

 

Councilman Ford said Council and Staff keep determining the worst-case scenario of every event. He believes Council and Staff are getting too bureaucratic.

 

Mr. Novak addressed the concerns raised. Other locations were researched. They believe this one is the best. They have contacted the other businesses in the area. They have encouraged the event. He believes this small event has been blown up.

 

Motion to approve the special event request was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried by 4-1 roll call vote. Mayor Green voted no.

 

Motion to approve waiver of the fees was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion denied 2-3.

 

Vote: Yes: Councilman Ford and Vice Mayor Burnette. No: Councilman Kennedy, Councilman Bastian, and Mayor Green.

 

28. Appeal of Planning Commission Decision for an off-site Sign and Zero Foot Setback Variances/John E. Mealy VFW Post 3282, Case no. 12-90000003

 

Mr. Parker advised Council that no new evidence can be presented at this appeal hearing. Mayor Green advised that the request was an off-site sign that was not approved by the Planning Commission. Tim Burman, Principal Planner, provided details of the appeal and the variance request. The Planning Commission approved a modification of the variance requested to allow the off-site sign. The Planning Commission reduced the height of the sign to a maximum of four feet and limited the sign area to 7.5 square feet and did not grant the variance to allow a zero setback. VFW is appealing the decision of the Planning Commission.

 

Motion to support the Planning Commission’s decision was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette.

 

Jimmy Adams, VFW, addressed Council with details of their request.

 

Vice Mayor Burnette agreed from a technical approach, the Planning Commission was correct.

 

Councilman Bastian doesn’t believe they are asking for a lot.

 

Councilman Kennedy asked what the code allows in that area. Mr. Burman explained the code issues and the placement of the retention pond and building.

 

Motion denied 1-4 by roll call vote. Mayor Green voted yes. Vote: Yes: Mayor Green. No: Councilman Kennedy, Councilman Bastian, Councilman Ford, and Vice Mayor Burnette.

 

Councilman Kennedy asked what the set back is by code. Mr. Burman said five feet, the VFW is requesting zero feet from the property line. Councilman Kennedy asked where it is going to be located. Mr. Burman explained it would be on the edge of the sidewalk on Williamson Blvd. Mayor Green asked if there would be an obstruction. Mr. Burman said it meets code at zero setback.

 

Councilman Ford said Planning has recommended 7.5 at zero feet and VFW is asking for 12 sq. feet at zero setback.

 

Motion to approve 12 sq. feet at zero setback from the Williamson Blvd. right-of-way was made by Councilman Ford, and Seconded by Vice Mayor Burnette.

 

Councilman Kennedy asked how far the sign will be from the curb on Williamson. Mr. Burman said 15.5 feet from the curb to the edge of the sign.

 

Attorney Roberts asked if any clarification was needed on location on the parcel. Mr. Burman said Staff will work with VFW on the location.

 

Motion carried 4-1 by roll call vote. Mayor Green voted no. Vote: Yes: Councilman Kennedy, Councilman Bastian, Councilman Ford, and Vice Mayor Burnette. No: Mayor Green.

 

I.      HUMAN RESOURCES (Rob Zicker)

 

29. First Reading - Ordinance No. 2012-36 – Revision for Fire Pension Ordinance in accordance with 2012-2014 Port Orange Professional Firefighters Association (IAFF) Collective Bargaining Agreement (CBA)

 

Mayor Green read Ordinance No. 2012-36.

 

ORDINANCE NO. 2012-36

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, DEFINITIONS; AMENDING SECTION 54-81, CONTRIBUTIONS; AMENDING SECTION 54-82, RETIREMENT BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 54-91, MAXIMUM PENSION; AMENDING SECTION 54-100, DEFERRED RETIREMENT OPTION PLAN; CREATING A NEW SECTION 54-104.  Benefits and Contribution for Members Hired on or after December 4, 2012; CREATING A NEW SECTION 54-105, STABILIZATION FUND;  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 adopt Ordinance No. 2012-36 as amended was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. 

 

Attorney Roberts provided details of the amendments. Councilman Bastian confirmed he has no conflict. Attorney Roberts agreed.

 

Mr. Noftall asked about the effect of the grievances if they are approved. Attorney Roberts does not know what the arbitrator will rule. The arbitrator has the authority to fashion a remedy. Attorney Roberts can’t determine or predict what the arbitrator might rule. Mr. Noftall asked if Council was voting on a contract that already has grievances against it. Attorney Roberts said no, the grievances filed are against the imposed retirement plan not this one. Mr. Noftall believes this ordinance is morally wrong. He believes it should be set up in a 401 defined contribution system instead of the deferred system.

 

Motion carried 4-1 by roll call vote. Mayor Green voted no. Vote: Yes: Councilman Kennedy, Councilman Bastian, Councilman Ford, and Vice Mayor Burnette. No: Mayor Green.

 

J.    PARKS & RECREATION (Susan Lovallo)

 

30. Skate Park Design Review

 

Susan Lovallo, Parks & Recreation Director, advised Council of the item. The packet includes a total re-do of the park as well as a renovation of the existing bowl. Brad Blais, Quentin L. Hampton, advised Council that the bidders will provide two packages.

 

Newton White asked if the renovations at the YMCA will conflict with the skate park renovations. Mr. Parker advised that the YMCA is planning to go out toward the front, not the back. Council agreed with placing it out for bid.

 

K.   ADMINISTRATION (Ken Parker)

 

31. First Reading - Ordinance No. 2012-35 - Amendment to Chapter 9, Article II, Section 21 of the Land Development Code, Creating an Exemption for the Doris Leeper/Spruce Creek Preserve Habitat Restoration Plan

 

Mayor Green read Ordinance No. 2012-35.

ORDINANCE NO. 2012-35

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE CITY OF PORT ORANGE LAND DEVELOPMENT CODE, SECTION 21 EXEMPTIONS FROM THE TREE PRESERVATION ORDINANCE; ESTABLISHING AN EXEMPTION FOR THE DORIS LEEPER SPRUCE CREEK PRESERVE HABITAT RESTORATION PLAN; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Ordinance No. 2012-35 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Donna Steinebach, Assistant to the City Manager, provided details of the item. She advised that the City Attorney prepared the Ordinance based on the agreement with the stakeholders. The County has upheld all of their items with the agreement.

 

Motion carried unanimously by roll call vote.

 

32. De-obligating funds for the middle segment of Yorktowne Blvd.

 

Mr. Parker advised Council that this project has been on hold for a number of years. The City has a total of $1,725,000 allocated for the middle segment of the road. Details were provided of the project. The project is in litigation. The road would dead-end and only benefit the developer.

 

Pete Heebner, Attorney for the developer, addressed Council and asked them not to de-obligate the funds for the middle segment of Yorktowne Blvd. The status of the litigation is that Nautica Lakes has filed bankruptcy, which stays the lawsuit. There is a hearing on January 8, 2013 to determine if the bankruptcy court will allow the Florida Court to continue with the lawsuit. There are discussions with the parties regarding the right-of-way. He is asking the Council for another six (6) months to see if the bankruptcy court resolves the issues with the Florida case. He believes the project can still happen.

 

Mayor Green asked where the money would go if they de-obligated the funds. Mr. Parker said there are always projects waiting for funding. Council would need to look at their priority lists from the CIP.

 

Councilman Ford would like to begin looking at other options for the money. He can’t answer the question without knowing what other projects are out there that remain unfunded.

 

Vice Mayor Burnette thinks this should be discussed with the upcoming CIP workshop with the new City Manager.

 

Councilman Bastian agreed and would like to see the other options.

 

Councilman Kennedy agreed with Vice Mayor Burnette.

 

Consensus is to allow the six (6) month extension.

 

33. Utility Billing and Water Meter Update

 

Mr. Parker provided details of replacing the entire system of water meters and transmitters.

 

Councilman Ford wants to see all the options. He doesn’t believe anything Sensus tells Staff. He doesn’t want to replace meters that are working. Mr. Parker said it wasn’t proposed as such, just information for planning if Council decides they want to replace all meters and move away from Sensus. Councilman Ford wants to replace all broken meters. Mr. Parker has provided that directive to Staff already. Councilman Ford wants to discuss and determine which meters should be used for replacements.

 

Mr. Parker thanked Stella Gurnee and the Finance Staff for their efforts. Councilman Ford agreed.

 

Ms. Gurnee provided a report based on Councilman Bastian’s requests from December 4, 2012 regarding the Utility Billing Audit Update. She advised Council that the Finance Department fully supports a full audit. (PowerPoint presentation was provided to the City Clerk.) In Ms. Gurnee’s view, the lack of billing review is what caused the issues. She asked that Council delay the forensic audit to allow them to hire, train, and fix the problems with the internal controls, as well as other problems found.

 

Councilman Ford does not agree. He doesn’t agree with Staff fixing things without outside eyes. He agreed with providing additional help. Mayor Green asked how many additional positions they need. Ms. Gurnee said they are ready to advertise for the two accountant positions. Councilman Ford doesn’t agree with a delay.

 

Vice Mayor Burnette has trouble slowing down the forensic audit.

 

Councilman Bastian agreed it is clear that finance needs help and wants the outside eyes as well. He doesn’t support delaying the RFP. He wants to move forward with fixing the problems.

 

Attorney Roberts advised that the RFP addendum #2 is ready to be discussed tonight.

 

Councilman Kennedy also agreed with adding staffing.

 

Councilman Ford understands the issues on staff in Finance, but he wants to get the problems fixed.

 

Ted Noftall advised Council that they have put too much on Ms. Gurnee. They need a Finance Director immediately. Mr. Noftall suggested Council move the Finance Director to report to Council rather than the City Manager. Council directed Mr. Parker to hire a Finance Director and not wait until the new City Manager is hired.

 

Vice Mayor Burnette asked that discussion of an outside firm for reviewing the water department be added to an upcoming agenda.

 

34. City Manager Selection Process Update

 

Shannon Lewis, Assistant City Manager, provided a written report and highlighted some of the items. She asked for direction as follows:

 

1.    Order of candidate interviews – Council said for Staff to pick the order.

2.    Determine lunch format for Friday – Council wants to have lunch at Lakeside Center with the candidates.

3.    Is 1 hour and 15 minutes acceptable for individual interviews on Friday - Yes

4.    Is it acceptable for the Mayor to introduce candidates at the Friday night reception - Yes

5.    Determine breakfast and lunch format for Saturday – Council wants to eat together for both.

6.    Is one hour acceptable for candidate interviews on Saturday - Yes

7.    Does Council wish to deliberate after the final interview on Saturday afternoon - Yes

8.    How does Council wish to negotiate with the selected candidate – The City Attorney is preparing a proposed contract for Council to review prior to negotiations begin, which will be provided to Council with the background check information. Council agreed that the Mayor and City Attorney will negotiate with the candidate subject to Council’s final approval.

9.    In general, are the schedule times acceptable - Yes

 

35. City Attorney Report

 

Attorney Roberts discussed Addendum #2 to the RFP for auditing services, which includes the directions provided by Council at the last meeting.

 

Vice Mayor Burnette likes the options of separating the items or having one firm do it all.

 

Councilman Ford asked why the audit is being done for FY10-11. Attorney Roberts said the documents are ready because audits have already been done. Ms. Gurnee said there will be problems with two auditors viewing the same documents at the same time. Councilman Ford asked for an explanation of an audit vs. an opinion. Ms. Gurnee explained that the end of the year audit is based on the financial statements and that they are fairly presented. A forensic audit is going to look at transactions.

 

Councilman Kennedy hasn’t had a chance to look at the document provided.

 

Attorney Roberts advised that the timing of the RFP is being extended to January 9, 2013.

 

Councilman Ford asked who is answering the questions asked by the bidders. Attorney Roberts replied Finance. Councilman Ford asked why the auditor is going to get answers from Staff when they are supposed to be reporting to Council.

 

Mr. Noftall asked if the audit would be done by the end of January. Mr. Gurnee said the field work would be done; she cannot speak to the auditors timetable. Mr. Noftall agreed with Ms. Gurnee that she will not have the manpower to complete both audits as well as the day to day tasks.

 

Mr. Metacall asked how the credit rating will be affected by these issues. Mr. Parker said the rating companies have not indicated.

 

36. City Manager Report

 

None.

 

L.    COUNCIL COMMENTS

 

37. Comments/Concerns from Council Members

 

Vice Mayor Burnette reported on the meeting regarding the tax districts. He wished a Merry Christmas and Happy Holidays to all.

 

Councilman Bastian advised that the fire department’s ISO rate went up, which is a little concerning. The General Employee’s Pension Plan had a good year.

 

Councilman Kennedy advised that the Riverboat in New Smyrna Beach failed. He wished all a Merry Christmas and Happy Holidays.

 

ADJOURNMENT:    10:56 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager