REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JANUARY 8, 2013
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 6:30 p.m.
Pledge of Allegiance
Roll Call: Present: Councilman Bob Ford
Councilman Drew Bastian
Vice Mayor Donald Burnette
Mayor Allen Green
Absent: Councilman Dennis Kennedy
Also Present: Kenneth W. Parker, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, City Clerk
SPECIAL RECOGNITION AND PROCLAMATIONS
3a. FIND Check Presentation
Nancy Freeman presented $97,494.00 for payment from the Florida Inland Navigation District for the Russell dock project. She thanked Staff for their work.
3b. Update regarding the Contract with Greg Kisela
Margaret Roberts, City Attorney, provided details of the proposed Contract with Greg Kisela.
Motion to approve the Contract with Greg Kisela for employment as the City Manager with the City of Port Orange was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Councilman Ford is happy with the contract and is impressed with all of the candidates.
Vice Mayor Burnette agrees and feels the interviews were a great learning experience.
Councilman Bastian is also in agreement. He is looking forward to Mr. Kisela coming onboard.
Motion carried unanimously by roll call vote.
4. Proclamation for Retired City Employees
Mayor Green presented proclamations to Rosemary Redfield, Barry Jackson, Frank Surmaczewicz, Drew Bastian, and Christopher Ballinger (accepted by Drew Bastian). (William Miller, Robert Day, and Stephen Wilson were not present.)
5. Audit Report from Alex Kish
Alex Kish, Brent Millikan and Company, provided the 2012 External Audit Plan and discussed the plan with Council. Mr. Kish asked Council to direct him as to any other areas they would like the auditors to review more closely. He is waiting on Staff to close out items and they will begin the audit process. He believes it may begin within about three weeks.
Councilman Ford was not happy with the audit from two years ago or last year. He believes the audit should have caught more of the issues. He asked Mr. Kish if he can do an unbiased report this year. Mr. Kish responded that issues were in fact found in the report and those items were reported in the comments of the report. Discussion was held regarding the trust level of Mr. Kish’s staff with City Staff.
Vice Mayor Burnette wishes the Finance Director was onboard. He asked for an estimated timeframe for completion. Mr. Kish said usually 4-6 weeks from start to finish. Vice Mayor Burnette would like to see a tracking of the issues found. Mr. Kish said memos are done with every question the auditors have and they can be provided to Council.
Councilman Bastian asked who is responsible for providing the responses to the audit questions. Mr. Kish said typically the Finance Director or a team.
Ted Noftall asked Mr. Kish to address his reliance on internal controls and the representations of those controls. Mr. Kish said it is paramount. He is absolutely reliant on the information provided by internal staff. Mr. Noftall asked when it hits materiality. Mr. Kish said he does not recall, but believes it was $2.8 million, with $1.4 million (50%) of that for tolerable misstatement. However, if there was direction for a different amount, he would follow that direction. Ted Noftall asked if a $3 million error is not material to Mr. Kish. He asked what materiality would be for Mr. Kish. Mr. Kish said there is a layer formula to determine the materiality threshold. There is a formal process he goes through. Mr. Kish will provide the calculations. Mr. Noftall asked what involvement Mr. Kish has rendered since the water/sewer issues were uncovered in August, 2011. Mr. Kish said they attended some meetings with staff. Mr. Noftall asked if Mr. Kish had any involvement with John Shelley, individually, or Shelley and Shelley, CPA. Mr. Kish said no, he has no involvement. Mr. Noftall said Mr. Kish was greatly mislead and he believes it needs to be investigated. Mr. Noftall has concerns that Mr. Kish can step back and render an opinion.
Newton White asked how the audit does not detect issues like the billing errors with A&A Wrecker and Clear Channel and the fact that there was no process set up. Mr. Kish explained that they do not audit every single document; they look at the big picture.
Mayor Green asked Council about getting an Interim Finance Director onboard immediately. Councilman Ford is not opposed to Mr. Saunders or someone of the like. He believes the City needs an Audit and Budget Committee of citizens with financial backgrounds. Mayor Green agrees and would like to
BOARD APPOINTMENTS & INTERVIEWS
6. Board Appointments
a. Construction Regulation Board
Motion to appoint Dennis Young to the Construction Regulation Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
Roland Via addressed Council regarding the rental of the All Children’s Park for $480 for very specific dates as provided.
Susan Lovallo, Parks & Recreation Director, advised Council
Council Members are in agreement. Mr. Parker advised Council they may want to amend the rate resolution to include off-peak hours.
Motion to approve the reduced rate as presented was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.
Ted Noftall addressed Council regarding the legal agreement between the City and John Shelley. Mr. Parker said yes, it is still in effect. Mr. Noftall is unsatisfied with the agreement. He believes the Charter and Civil Service Rules needs to be changed so that a City Manager does not have the sole decision making power in the future.
Newton White addressed Council regarding the future of Port Orange.
7. Approval of Minutes
a. December 4, 2012 – Regular City Council Meeting
b. December 11, 2012 – Regular City Council Meeting
8. Construction Activity Report
9. Parks and Recreation Project Updates
10. Project Manager’s Report
11. Budget Calendar
12. Written Financial Reports for Cypress Head Golf Course by KemperSports
13. Change Order #2 to the Contract with Barney’s Pump’s Inc. for rebuilding two Aurora Sludge Pumps at the Garnsey Water Treatment Plant
14. Change Order #1 to the Contract with Diamond Quest for Security Surveillance Items
15. Foreclosure Action Involving SHIP Mortgage – David Robert Nist
16. Electrical Services Contract Change Order #2 with Stewart’s Electric Motor Works, Inc. and Purchase Order Work Authorization
17. Change Order #3 to Agreement for Services with Danus Utilities, Inc.
18. Amended and Restated Agreement for Services with Danus Utilities, Inc.
19. Contract with Volusia County Fire Services for Coverage of County Areas
20. Authorization to Purchase Repair Parts and Supplies from Barney’s Pumps
21. Validate Authorization of Addendum No. 3 with Economy Electric for Electrical Upgrades to Public Works Warehouse
22. Change Order #1 to the Contract with RJH Technical Services Inc. for Repair and Maintenance on Variable Frequency Drives (VFD’s) and High Service Pump Controls at the Water and Reclaimed Plants
23. Change Order #2 to the RJH Technical Services, Inc. Contract for Emergency Repairs to the High Service Pumps at the Water Plant
24. 2013 Edward Bryne Memorial Justice Assistance Grant (JAG)
25. Validation of Emergency Purchase of Large Neptune Meters from Sunstate Supply
Councilman Ford is concerned with the volume of change orders. He understands some are necessary. Mayor Green explained some of the change orders are unit pricing issues. Mr. Parker explained that in the past blanket purchase orders were used, but now the change orders are being used to approve the specific project. Staff will clarify the change orders in the future.
Motion to approve Consent Agenda Items #7-25 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
FINANCE (Stella Gurnee)
26. Resolution No. 13-1 – Budget Resolution
Mayor Green thanked Stella Gurnee and her staff for their hard work.
Mayor Green read Resolution No. 13-1.
RESOLUTION NO. 13-1
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. 13-1 was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Stella Gurnee, Comptroller, provided details of the resolution.
Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
27. First Reading – Ordinance No. 2013-1 – LDC Amendment/Chapters 17 and 18, Case no.: 12-25000009
Mayor Green read Ordinance No. 2013-1.
ORDINANCE NO. 2013-1
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING THE LAND DEVELOPMENT CODE CHAPTERS 17 AND 18; ADDING HEATH/EXERCISE CLUB AS A PERMITTED USE WITH SPECIAL DEVELOPMENT REQUIREMENTS IN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2013-1 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.
Tim Burman, Principal Planner, advised Council that this Ordinance relates to the indoor baseball training facility as Marc Hazen discussed with Council in December, 2012. The amendment is Citywide. Marc Hazen and Jeff Miller are present with any questions. They are looking to open February 1, 2013.
Motion carried unanimously by roll call vote.
PUBLIC SAFETY (Jerry Monahan)
28. Second Reading – Ordinance No. 2012-33 – Ordinance Prohibiting the Purchase, Possession, Sale, and Distribution of Illicit Synthetic Drugs and Drug Paraphernalia
Mayor Green read Ordinance No. 2012-33.
ORDINANCE NO. 2012-33
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING A NEW ARTICLE XIII IN CHAPTER 18 OF THE PORT ORANGE CODE OF ORDINANCES, PROVIDING FOR A GENERAL PROHIBITION ON THE PURCHASE, POSSESSION, SALE, AND DISTRIBUTION OF ILLICIT SYNTHETIC DRUGS AND DRUG PARAPHERNALIA; PROVIDING FOR DEFINITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2012-33 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.
Jerry Monahan, Public Safety Director, advised Council that Pam Bondi entered an emergency act after the first reading of this ordinance. It is good to have this ordinance on the books though.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
29. City Attorney’s Evaluation
Attorney Roberts addressed Council regarding the City Attorney’s Evaluation and pay increase.
Mayor Green asked Attorney Roberts to provide an evaluation sheet and salary ranges.
Vice Mayor Burnette agrees.
Councilman Ford does not like providing evaluations in public. He believes the critique is of the position more than Ms. Roberts specifically. He doesn’t believe the City Attorney needs to be involved in every operation of the City. She doesn’t need to attend every meeting. He doesn’t want the department to grow. He wants the attorney to step back from the day to day happenings. He believes Ms. Roberts is performing more than he would like her to do. He explained that the legal department has become a stalling place. He doesn’t believe legal needs to review every boiler plate contract. He thinks the department heads are smart enough to make the decision on when an attorney is needed and when it is not. He would like to see a closer relationship with the City Attorney and Council. He doesn’t blame Mr. Roberts. He understands it is the culture of the organization. He would like to see more of a risk management side of options.
Vice Mayor Burnette would like to give some feedback on communication with Council, quality of legal research, employee and public relations, progress with litigation and proceedings. He’d also like to discuss the structure of the organization.
Councilman Bastian agrees with everything said. He would like Council to be able to communicate with her more.
Mayor Green has trouble with the job description of the risk manager. He believes Ms. Roberts does an excellent job. He advised Council needs to establish what they want from the legal department and then evaluate her performance based on that criteria.
30. City Attorney’s Report
Ms. Roberts advised Council that Donna Steinebach, Vice Mayor Burnette and she met to discuss the appraisals for Riverwalk. There are seven appraisers who meet State and City standards. She requested permission to receive quotes from these appraisers without doing an RFSQ.
Vice Mayor Burnette advised that the appraiser must include their credentials with their report.
Consensus of Council is agreement.
ADMINISTRATION (Ken Parker)
31. Discussion regarding the Role of the Golf Board for Cypress Head
Councilman Ford asked Council to consider some changes. 1) Change the make-up of the board. He’d like Cypress Head HOA member. He’d like to have some golfers. He would like to see a clear financial report so they fully understand. He’d like a study group involving the council on the future of the golf course. He’d like to see Parks & Rec more involved as well. He wants a vision for the golf course. He would like the Council to be more involved.
Vice Mayor Burnette believes there will be a plethora of ideas to come as more people get involved.
Councilman Bastian is curious if expansion is even affordable.
32. Utility Billing and Water Meter Update
Shannon Lewis, Assistant City Manager, provided Council with details on the open positions, training, and organizational changes as previously approved. Pride is being phased out and Pinnacle is being phased in. The City will no longer physically tag homes for shut off. A phone call will be placed instead. Ms. Lewis provided details of the Fly-In meter and pump run times. There are approx. 1000 no read meters.
Ms. Lewis provided details of the latest Sensus offer to replace the warranty meters.
Mayor Green advised Council that he was on the conference call.
Councilman Bastian would rather see a credit against the meters rather than a replacement of the meters that fail.
Vice Mayor Burnette wants Council and Staff to look at running a parallel system to replace the failed meters. He doesn’t want to do anything that will put any Sensus meters in the ground.
Councilman Ford would like to see Greg Kisela involved in the meter project. He asked if Sensus is offering to pay for the labor as well as replacing the meters. Ms. Lewis said yes.
Consensus is to move forward.
33. City Manager’s Report
Mr. Parker reminded council of the following dates:
Volusia League of Cities – Jan 24
Team Volusia’s annual meeting – Jan 28. RSVP to Cindy
34. Comments/Concerns from Council Members
Councilman Bastian asked to have the sidewalk lights along Dunlawton checked as most are not working. Mr. Parker advised that the walk lights are typically wired to a business and not the City’s meter. Staff will provide a report regarding the wiring. Councilman Bastian talked about some paramedic staffing level issues. Mr. Parker advised that a full report is on the agenda for January 15, 2013.
Vice Mayor Burnette asked if Council wants to have a reception for the new City Manager. Mayor Green wants to discuss it with him when he begins. Vice Mayor Burnette believes the landscaping is falling short again. He thinks a new vision is needed. He also asked for an update on the Centennial Celebration. Mr. Parker said the schedule was sent out yesterday.
Councilman Ford discussed code enforcement issues. Mayor Green asked Code to provide a report relating to the Saturday and Sunday schedule.
Mayor Green is disappointed in John Shelley for not accepting his mistake.
Mayor Allen Green
Robin L. Fenwick, City Clerk