REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JANUARY 22, 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

 

Silent Invocation

 

Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Drew Bastian

Councilman Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green

 

                                    Also Present:                        Shannon Lewis, Assistant City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk

 

SPECIAL REPORTS, AWARDS, PROCLAMATIONS

 

4.    Local Business Spotlight

 

Debbie Connors, Port Orange/South Daytona Chamber Of Commerce, introduced Cindy and Mike George of Exit Realty. They are Port Orange residents and recently opened a business in Port Orange. Council welcomes them to the City.

 

5.    Report from Kemper Sports Management regarding Cypress Head Golf Course

 

Ricardo Catarino, Regional Account Executive, provided the first quarter report for the golf course. Councilman Ford said the first quarter has not been a good quarter, but they are working on new plans for increasing rounds. Vice Mayor Burnette asked why they believe the quarter was low. Mr. Catarino said tourism was low and there were extra expenses not budgeted. He said it’s not unique to this property. They have seen the same trends at other properties. Councilman Kennedy asked which quarters are generally the best and worst. Mr. Catarino said the second quarter is generally the best and the fourth quarter is typically the worst.

 

Corey Berman asked how much business was lost having lost the food and beverage manager. He also asked about reducing the rate. Mr. Catarino said the prices do drop several times per year.

 

STATE OF THE CITY ADDRESS

 

Kent Donahue, Special Assistant to the City Manager, presented the State of the City Address video featuring Mayor Green. Mr. Donahue thanked Jim Averill for his assistance with the project.

 

BOARD APPOINTMENTS & INTERVIEWS

 

6.    Board Appointments

a.    Parks & Recreation Advisory Board

Motion to re-appoint Mark Campbell to the Parks & Recreation Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

Mark Campbell introduced himself to Council. He thanked Council for his first term. He has learned a lot. Council Members thanked him for his service.

Motion carried unanimously by voice vote.

Council recessed to hold the Eastport CRA Meeting at 6:53 p.m.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Corey Berman thanked Chief Monahan and Assistant Chief Miller for their work. He advised Council that his daughter and Vice Mayor Burnette’s placed 3rd at the Science Olympiad for Atlantic High School. Mr. Berman believes the City’s PIO needs to be a City resident. He volunteers to perform the Customer Service Manager job until it’s filled. He believes they should move to the old police department.

 

Newton White addressed Council regarding John Shelley’s exist letter. He did not see where Mr. Shelley ever verified that his staff was doing their jobs and doing them properly.

 

Ted Noftall addressed Council regarding the retirement agreements of Betty Barnhart and John Shelley. He wants Mayor Green to direct Staff whether or not the City will have an open dialog. Mr. Noftall asked Ms. Roberts what exemptions are being researched and why. Ms. Roberts advised that she is researching the exemptions to ensure Council and Staff are complying with Florida Law.

Mayor Green advised that he and Council are trying to get all the information collected in a controlled way. He does want answers, too.

 

Frank Scott addressed Council regarding a Bike Week permit for Roadside Tavern. Vice Mayor Burnette a

 

CONSENT AGENDA

 

7.    Approval of Minutes

a.    December 20, 2012 –Special City Council Meeting

b.    January 8, 2013 – Regular City Council Meeting

8.    Project Manager’s Report

9.    Crime Report

10. Proposed License Agreement – Cedar Street Right-of-Way (11 Cedar St.)

11. Wrap Around Agreement with Southeastern Archaeological Research, Inc. for archaeological services

12. Wrecker/Towing Services

13. Authorization of Addendum No. 90 with Quentin L. Hampton Associates, Inc. for Engineering Design and Construction Management Services for Wilbur-by-the-Sea South Atlantic Avenue Water Main Improvement Project

14. Addendum No. 4 between Economy Electric Company and the City of Port Orange to increase contract amount not to exceed $15,000 for Parks & Recreation Electrical Services for Facilities

 

Vice Mayor Burnette requested that Item #12 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #7-11 and 13-14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Vice Mayor Burnette expressed a concern with Fryer’s Towing because of the vicinity of their facility and response times. He believes there will be officer time incurred waiting on them to respond, as well as officers having to go to the northern end of Daytona Beach to their yard. He is also concerned on the cone of silence from Universal’s email to Council. He thinks maybe it’s time to rotate for a year or so.

 

Councilman Ford is not in favor of rotating because tracking is difficult. He has worked with Fryer’s and it worked fine.

 

Councilman Bastian has the same concerns and has read the emails.

 

Councilman Kennedy questioned the distance. He is also concerned about Fryer’s being able to service another municipality.

 

Assistant City Manager Shannon Lewis advised that both respondents met the specifications of the bid and both assert they can meet the obligations of the bid.

Jerry Monahan, Public Safety Director, provided background information on the bid specifications. These same specifications have been used for at least three (3) of the past contracts. Chief Monahan discussed response times for Fryer’s and the penalties if the company doesn’t meet the 20 minute response time. There will not be an expense with City officers going to the tow yard because they don’t do that except to verify the VIN on vehicles for other departments.

 

Dave Miller addressed Council on behalf of Universal Towing. He has spoken with residents and some officers and they would prefer the tow yard be within the City limits. Universal Towing has done a good job.

 

Dean Maxwell asked Council to take into consideration that Universal Towing is within the City limits. They stepped up when A&A Towing fell through. He believes their response time will be better than Fryer’s. He encouraged Council to consider the local impact.

 

Mayor Green advised that he met with Mr. Maxwell before the bid specifications were released. He toured their facility.

 

Ray Joy is concerned about the inconvenience of the citizens. He pointed out that the bid specifications contained an error in that they stated the “lowest” responsive bidder.

 

Corey Berman advised Council that the Universal Towing driver’s

 

Fred Campanello, VP Universal Towing, advised that he never knew anything about A&A Towing. He heard they were selling out and closing, so he purchased some of the trucks in cash. He advised that he provides rotating service to other cities without problems. He believes they can do a better job than Fryer’s.

 

Councilman Bastian is concerned that the companies will have a hard time paying their bid amount.

 

Chief Miller advised that November had 37 tows and 79 in December.

 

Ms. Roberts advised Council the item before them is whether or not to award under the specifications in the RFP.

 

Vice Mayor Burnette asked if the email received violates the cone of silence. Ms. Roberts doesn’t believe the email would block a vote.

 

Motion to accept the Fryer’s bid as the highest and best bid was made by Councilman Kennedy, and Seconded by Councilman Ford. Motion carried by 3-2 roll call vote. Councilman Bastian and Vice Mayor Burnette voted no.

FINANCE (Wayne Saunders)

 

15. Resolution No. 13-3 – Budget Appropriation

 

Mayor Green read Resolution No. 13-3.

 

RESOLUTION NO. 13-3

 

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. 13-3 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Wayne Saunders, Interim Finance Director, advised that the changes to the budget reflect the changes to the City Manager’s budget due to changes in the City Manager’s office.

 

Mayor Green asked for public comments; there were none.

 

Motion carried unanimously by roll call vote.

 

16. Finance Report

 

Stella Gurnee, Comptroller, thanked Council for bringing Mr. Saunders onboard. Ms. Gurnee advised that the report format has changed. She asked Council for their opinions.  She advised that the ordinance and procedures regarding collection of penalties and interest are being redone.

 

Councilman Kennedy likes the new format.

 

Councilman Bastian is good with the format.

 

Vice Mayor Burnette approves of the format. He likes seeing transfers to and from the Golf Course included.

 

Councilman Ford believes it is an improvement but he’s looking forward to more tweaks. He believes an Audit and Budget Committee would be a great resource for creating the correct format.

 

Mayor Green likes the format. He believes it is easier to understand.

 

Corey Berman asked about penalties and interest changes. He’d like to know if he will get a refund if he has overpaid.

 

Ted Noftall appreciates the new format over the old format but he believes it is incomplete because Staff is not reporting on all funds, there is no balance sheet reported, and there is no cash flow statement. He asked if Ms. Gurnee can identify the “City pool cash account” and the “Golf Course cash account” in the listing provided in the report. Ms. Gurnee said they are in the 450 fund. He finds the different titles for the same accounts confusing. Mr. Noftall is trying to understand the reporting. Mayor Green asked Ms. Gurnee to review the reports and discuss them with Mr. Noftall.

 

Mr. Noftall asked for a status update on the audit. Ms. Gurnee said the auditor is waiting on the trial balance from Staff. They hope to have it done by the end of January. Mr. Noftall addressed the types/names of balances used.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

17. Second Reading – Ordinance No. 2012-31 – Rezoning/Former Port Orange Six Theater from PCD to CC 3780 Nova Road, Case no. 12-60000002

 

Mayor Green read Ordinance No. 2012-31.

 

ORDINANCE NO. 2012-31

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING +/- 4.97 ACRES LOCATED AT 3780 NOVA ROAD, FROM PLANNED COMMUNITY DEVELOPMENT (“PCD”) TO COMMUNITY COMMERCIAL (“CC”); AUTHORIZING REVISION OF OFFICIAL ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2012-31 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote after no public comments.

 

18. Second Reading – Ordinance No. 2012-35Amendment 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 FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2012-35 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote after no public comments.

 

19. Second 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 adopt Ordinance No. 2013-1 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.

 

Councilman Ford asked if this would cause parking issues. Tim Burman advised that staff will consider and review parking spaces for each request.

 

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

 

PARKS & RECREATION (Susan Lovallo)

 

20. Resolution No. 13-4 – Amend Fee Resolution 12-58 Establishing Revised Fees for City Ball Field Rentals to match those of Volusia County during peak and non-peak hours; and to include a fee to recover the direct cost for field chalking and painting

 

Mayor Green read Resolution No. 13-4.

 

RESOLUTION NO. 13-4

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING AND ESTABLISHING SPONSOR FEES AND REGISTRATION FEES FOR CITY SPONSORED YOUTH AND ADULT ATHLETIC PROGRAMS, PLAYGROUND PROGRAMS, ADULT PROGRAMS, AND CLASSES; ESTABLISHING REVISED NON-RESIDENT REGISTRATION FEES FOR ACTIVITIES; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-4 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Vice Mayor Burnette advised that he spoke with Roland Via, who gave kudos to Staff for their help.

 

Motion carried unanimously by roll call vote.

 

 

ADMINISTRATION (Ken Parker)

 

21. Forensic Audit Services RFP #13-9

 

Shannon Lewis, Assistant City Manager, advised Council that they have received nine (9) proposals. There were two other proposals not included because they were deemed non-responsive. Council is asked to short list the nine responsive bidders to five for interviewing at a Special Meeting.

 

Mayor Green is not interested in any of the businesses not in Florida.

 

Councilman Ford is not interested in Moore, Stephens, and Lovelace because of their previous work. He agrees with Mayor Green about taking out the out of state companies.

 

Vice Mayor Burnette was not impressed with Moore, Stephens, and Lovelace.

 

Councilman Bastian agrees to retain the local companies. He has five he’d like to interview.

 

Councilman Kennedy believes they should drop the high and low, as well as the out of state companies and Moore, Stephens, and Lovelace.

 

Council agrees as follows:

 

Bottom four firms –

 

Moore, Stephens, Lovelace

Barry Dunn

Stonebridge Business Partners

Clifton, Larson, Allen

 

The top five (5) firms to interview include –

 

Mauldin & Jenkins

Marcum, LLP

Averett, Warmus, Durkee

Carr, Riggs & Ingram

Rehmann

 

Ms. Lewis advised that two companies did not circle the number of the addenda. She asked for Council’s consensus that not circling the number is not substantial and Council will continue with interviewing those two firms. Consensus of Council is it is not substantial and the firms can be interviewed.

 

Ted Noftall asked Council when the documents become public. Ms. Pallante provided information that pursuant to Florida Statute the documents are not public documents until 30 days after the date of opening the bids or there is an intent to make award. The date of opening was January 16, 2013. Councilman Ford asked if they can release the documents. Margaret Roberts, City Attorney, said if they are exempt, Council has the option of releasing the documents. She will double check whether they are exempt or confidential. Council agrees to release the documents if they are exempt.

 

Mr. Noftall asked if the external auditor will be able to work with forensic auditor at the same time. Greg Kisela, Incoming City Manager, said they will do their best. Staff will need to work with both auditors. Mr. Noftall asked when the Council will provide questions for the auditor to attest to. Ms. Roberts said it will be addressed with the Contract negotiation. Councilman Ford said it will happen during the interviews as well. He suggested Council members to think about questions to be asked. He wants to talk to the new City Manager and the Interim Finance Director.

 

Corey Berman asked Ms. Roberts if citizens will be allowed to participate in the interviews. Mr. Parker advised that the Council has opened the interviews in the past. Ms. Roberts researched the issue and advised Council of the Florida Statute stating they can open the interviews to the public if they so choose. Council agrees to leave the interviews open to the public.

 

Set a date for interviews: January 29, 2013.

 

22. Street Sweeping Discussion

 

Shannon provided background information. She advised that if Council reverted back to the previous level of service it would cost just under $40,000, which results in an $0.11 increase per month in residential accounts, commercial $0.14, unoccupied residential unit would increase $.06 per month, and an unoccupied commercial unit would see a $.07 per month increase. Those who have container service would see an increase ranging from $0.33 up to $7.75, which accounts for three units/three accounts.

 

Mayor Green asked about private streets. He asked if the City would need to get a release. Mr. Parker said yes.

 

Councilman Ford is in favor of adding the service back in.

 

Vice Mayor Burnette is good with adding the service.

 

Councilman Bastian believes private streets need to be included because they are paying for the service as well.

 

Councilman Kennedy asked what the cost would be for excluding streets that are not curbed. Mr. Parker said Staff can pull the information.

 

Councilman Ford said street sweeping provides a safety element.

 

Vice Mayor Burnette believes this is something Council should do in its entirety.

 

Ms. Lewis advised of the non-curbed areas based on the written report.

 

Stan Hetrick asked about County roads. Mr. Parker advised that yes, they are included.

 

Ann Wagoner, Town Park Community, believes street sweeping is necessary.

 

23. Clear Channel Lease Payments Discussion

 

Councilman Kennedy said keep the rate at the higher rate.

 

Councilman Bastian said it is not useful to have a City billboard.

 

Vice Mayor Burnette does not agree with a reduction.

 

Councilman Ford doesn’t like the billboards and doesn’t want to reduce the fees.

 

Consensus of Council is no reduction.

 

24. Utility Billing and Water Meter Update

 

Ms. Lewis advised that Staff and the City Attorney have not authorized the warranty work because they have not provided the necessary documents based on their verbal agreements.

 

Ms. Lewis advised that IT was successful in transferring the Sensus information to City servers. They are backed up regularly.

 

Ted Noftall asked for the report regarding the water loss rates. Ms. Lewis advised that the Public Utilities Director has been asked to provide the report.

 

25. City Attorney’s Report

 

Ms. Roberts confirmed that the Clear Channel lease payments from 2012 that have been paid. Their current payments due in January, 2013 have not been paid.

 

26. City Manager’s Report

 

Ms. Lewis asked if Council wants Pittman Law Group to continue as the City’s lobbyist. Mayor Green said to bring it back so they can vote.

 

COUNCIL COMMENTS

 

27. Comments/Concerns from Council Members

 

Councilman Kennedy said he received an email from a cub scout regarding bugs at the soccer fields.

 

Councilman Bastian asked about donating the delapitated fire truck at city yards to Pink Heals. Vice Mayor Burnette and Mayor Green both said they need to know the value before they can make a decision. Councilman Bastian asked about offering the invocation to local churches. Mayor Green said they did that for years and got in trouble. Councilman Kennedy asked for a hiring freeze until March 1st  or for any and all personnel matters to go through the new City Manager and the old City Manager. Mr. Parker doesn’t have a problem including Mr. Kisela in those decisions. Discussion of Tom Cinefro returning was held. Council did not necessarily agree.

 

Vice Mayor Burnette is happy to have Wayne Saunders onboard. He asked for information about the Centennial celebration. Ms. Lewis advised that the Committee is meeting soon. She will provide the schedule via email. Vice Mayor Burnette advised that Atlantic and Silver Sands held SAC meetings. Silver Sands has asked that the back gate get closed during the day for security purposes.

 

Councilman Ford asked for an update on 5583 Lancewood Drive so he can advise the citizen who reported. He asked about the City auctions. Ms. Lewis advised that the City used to hold their own auctions but now an auction company handles them. Councilman Ford asked for information to compare the costs and profit/loss.

 

Mayor Green asked Council to rotate with the report to Skip from New Smyrna Beach radio station. Councilman Kennedy and Councilman Bastian expressed concerns with the timing due to their work and family schedules. Vice Mayor Burnette and Councilman Ford both agreed to rotate.

 

28. City Council Committee Reports

a.    City Investment Committee – Councilman Kennedy reported that they have not met.

b.    Transportation Planning Organization (TPO) – Councilman Ford reported that they discussed 10-laning I-4. They also voted to appoint an Executive Director.  

c.    Library Advisory – Councilman Bastian reported there was a light agenda. They went over the events for 2013. They are looking for volunteers.

d.    Municipal Firefighters Pension Board – Councilman Ford reported there was no meeting held as they meet quarterly.

e.    Municipal Police Officers Retirement Trust – Councilman Kennedy reported there was no meeting held as they meet quarterly.

f.     General Employees General Retirement Trust – Councilman Bastian reported that the fund assets are over $23 million as of December, 2012. The funded ratio is at 82.97. The assumed rate of return is 7.75%. The rate of return for the year last year was just over 17%.

g.    YMCA – Councilman Bastian did not attend the meeting as he wasn’t aware of the date of the meeting.

h.    Volusia Council of Governments (VCOG) – Mayor Green reported that they meet next Monday (January 28, 2013).

i.    Volusia League of Cities – Mayor Green reported that the dinner is Thursday night.

j.    ArtHaus – Vice Mayor Burnette reported that they made their budget. Greg Kisela, Ken Parker, and he met with them to introduce Mr. Kisela.

k.   Port Orange/South Daytona Chamber of Commerce – Vice Mayor Burnette reported that the Chamber held a ribbon cutting at the Eagles. Their membership drive is underway. The City Manager breakfast is Wednesday, January 23, 2013.

l.    Golf Course Board of Directors – Councilman Ford said the report was provided earlier in this meeting.

m.  Communications Interlocal Agency (CIA) – Mayor Green said the CIA is still closing out.

 

Councilman Bastian reported that he attended the Youth Advisory Board meeting. The Board is collecting jeans for homeless teens “Jeans for Teens”.

 

Ms. Lewis asked Council what time they want to begin the interviews with the audit firms for Tuesday, January 29, 2013. Agreed to 5:00 p.m. Consensus is the interviews will be open to public and bidders.

 

ADJOURNMENT:    9:45 p.m.

 

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk