REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

FEBRUARY 19, 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:            Greg Kisela, Incoming City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk

 

SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

4.    Volusia Manager’s Association

 

Joe Yarbough, South Daytona City Manager and President of Volusia Manager’s Association, recognized the City of Port Orange and thanked the Council for their support of the Mayor/Manger form of government.

 

Joie Alexander, County Council Member, applauded Ken Parker for his service and thanked Mayor and Council for their support.

 

Deb Denys, Volusia County Council, provided a Proclamation to Ken Parker.

 

Mayor Green accepts the recognition on behalf of the City and Ken Parker’s service, as well as the Council Members who have served and the citizens.  

 

5.    Water Meter Update from Ken Hooper

 

Ken Hooper, Project Manager for the water meter replacements, provided an update of the project. Sensus has begun the warranty replacements. The warranty work should be completed within 90 days. The replacement program is working well so far.

 

Councilman Ford is still skeptical of Sensus. He wants to see the results before he will believe in the product. Mr. Hooper agrees. He is working through the issues with Sensus.

 

Councilman Kennedy wants to make sure the workers know they need to knock on doors to inform the homeowner of the interruption of water service. Mr. Hooper advised that they are not turning off water. Mr. Kisela advised that a press release was issued yesterday to help with public knowledge.

 

Mr. Hooper provided details of water loss, which at worst case is 13.5%. As meters are replaced, the number will decrease.

 

Roger Smith, Public Utilities Director, thanked Council for authorizing the hiring of Ken Hooper.

 

Vice Mayor Burnette asked about the slow running meters. Mr. Hooper advised that 2% is a standard number and was fixed during calibration. Vice Mayor Burnette asked when the billable consumption will be accurate. Mr. Kisela said Staff will provide a quarterly report showing the results. He believes leak detecting may be needed.

 

Mayor Green said the confidence of the public needs to be restored.

 

Councilman Ford asked if policies and procedures need to be changed and/or developed so this doesn’t happen again.  Mr. Kisela agrees that changes are needed so this never happens again. He will be working on reducing the 13% water loss.

 

Mr. Hooper reminded Mayor Green and the public that manual reads are being done so the public should have confidence that their bills are accurate.

 

SPECIAL MEETING OF THE PORT ORANGE PROPERTY DEVELOPMENT, INC.

 

The City Council meeting was recessed at 7:03 p.m. to hold a Special Meeting of the Port Orange Property Development, Inc., minutes of which are under separate cover.

 

SPECIAL MEETING OF CITY CENTER CORPORATE PARK PROPERTY OWNERS ASSOCIATION

 

A Special Meeting of City Center Corporate Park Property Owners Association was held, minutes of which are under separate cover.

 

SPECIAL MEETING OF GOLF COURSE AT CYPRESS HEAD, INC.

 

A Special Meeting of the Golf Course at Cypress Head, Inc. was held, minutes of which are under separate cover.

 

SPECIAL MEETING OF THE PORT ORANGE BUSINESS PARK PROPERTY OWNER’S ASSOCIATION, INC.

 

A Special Meeting of the Port Orange Business Park Property Owner’s Association, Inc. was held, minutes of which are under separate cover.

 

City Council reconvened at 7:28 p.m.

 

BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

6.    Board Appointments

a.    Parks & Recreation Advisory Board

Motion to re-appoint Leah Riddick to the Parks & Recreation Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Newton White spoke to Council regarding Ridgewood and Riverwalk.

 

Jim Cameron, Daytona Beach Regional Chamber of Commerce, invited Council to Volusia Day on Wednesday, March 20, 2013. The theme this year is the school district cuts.

 

Chris Norton, Hold Fast Tattoo, addressed Council regarding eliminating tattoo parlors in the Ridgewood Corridor. He advised Council that his company has given back to the community and has worked to improve the landscape at his business. He asked Council not to stereotype him and his business.

 

CONSENT AGENDA

 

7.    Approval of Minutes

a.    January 22, 2013 – Regular City Council Meeting

b.    January 29, 2013 – City Council acting as the Forensic Auditing Services Selection Committee (RFP #13-9) Meeting

c.    February 5, 2013 – Regular City Council Meeting

8.    Staff Reports - Building Activity Report and Monthly Development Activity Report for January, 2013

9.    Sole Source Acquisition of Sensus Flex Net Transmitters

10. Special Event Request – First Turn Steakhouse & Lounge 5236 & 5204 Ridgewood Ave.

11. Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Ave., Best Cars, 5816 S. Ridgewood Ave., and Hunt for Cars, 5796 S. Ridgewood Ave.

12. Approval to Utilize the Florida Sheriff’s Association and State of Florida Contracts to Purchase Fleet Vehicles and Equipment

13. Annual Paving Program FY2013 – Request Approval to Piggback County Contract (Master Agreement No. 7508598-6, Bid #09-B-137PW) with P&S Paving, Inc.

14. Range and Training Facility Agreements

 

Vice Mayor Burnette asked that Items #10 and 11 be pulled for further discussion.

 

Motion to approve Consent Agenda items #7-9 and #12-14 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Vice Mayor Burnette asked if there are any other applications for special permits for Bike Week. Mr. Kisela said the plans for the other businesses don’t fit the criteria of the ordinance for special permitting.

 

Chief Monahan advised that Roadside had applied but then modified their plans so they do not need a special permit.

 

Motion to approve Consent Agenda items #10 and 11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

TABLED ITEMS

 

15. Resolution No. 13-5 – Fire and Recreation Impact Fee Reduction (Tabled on February 5, 2013)

 

Motion to remove Item #15 from the table was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Mayor read Resolution No. 13-5.

 

RESOLUTION NO. 13-5

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, PERTAINING TO THE REDUCTION OF CERTAIN IMPACT FEES; PROVIDING FOR THE AUTOMATIC REPEAL OF THIS RESOLUTION AND THE REINSTATEMENT OF THE FULL AMOUNT OF SUCH IMPACT FEES AS OF FEBRUARY 28, 2014; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-5 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Kennedy doesn’t believe it has made a difference. The city needs money. He thinks Council should let this sunset.

 

Councilman Bastian agrees the reductions are minor.

 

Vice Mayor Burnette would like to see the reductions for another year. But he would agree to amend the motion to cut the reductions in half. He thinks the school board fees encouraged those businesses more than the city’s reductions.

 

Councilman Ford asked Council if they don’t grant this extension, what are they going to do to help businesses.

 

Public comments:

 

Sandy Bishop, Executive Director of Building Association, agrees it is a small amount. She believes the Council should extend and show businesses they are behind them.

 

Jamie Adley, President of Building Association, believes it is important to extend the impact fee moratorium. He believes the reduction was significant.

 

Corey Berman doesn’t believe the homeowners are seeing the savings. He thinks the builders are the ones seeing it. He thinks it should be charged to everyone.

 

Jim Cameron supports the builders and believes the Council should extend the moratorium.

 

Mayor Green disagrees. He can’t compare this to other communities and finds it difficult to reduce it for some and not others.

 

Motion to amend the original Motion to decrease the reduction in half was made by Vice Mayor Burnette and Seconded by Councilman Ford. Motion to amend failed 2-3 by roll call vote. Councilman Ford and Vice Mayor Burnette voted yes. Councilmen Bastian and Kennedy and Mayor Green voted no.

 

Motion to approve Resolution No. 13-5 failed 2-3. Councilman Ford and Vice Mayor Burnette voted yes. Councilmen Bastian and Kennedy and Mayor Green voted no.

 

FINANCE (Wayne Saunders)

 

16. Engagement Letter with Carr, Riggs, & Ingram, LLC to provide forensic audit services

 

Mr. Kisela explained this is the scope of services for the forensic audit consistent with the RFP. If approved, work will begin on Monday, February 25, 2013.

 

Wayne Saunders, Interim Finance Director, asked Council to approve the engagement letter.

 

Councilman Ford asked how much the audit can tell about financial losses. Debbie Goode, Partner with Carr, Riggs, & Ingram, explained that they will work on real numbers and should be able to calculate the billing losses. Councilman Ford asked to be more deeply involved in this audit as a Council. He asked for a discussion at the next meeting for an Audit and Budget Committee. Mr. Kisela said he doesn’t have a problem working with an Audit and Budget Committee.

 

Motion to approve the engagement letter was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Public comments:

 

Ted Noftall asked what will be learned about the internal controls of the City. Ms. Goode said the audit will find where there were issues in the past and what to fix so they don’t happen in the future. Mr. Kisela advised that the auditor will look at the previous years’ comments but there may be legal implications if they provide an opinion on adequacies. Ms. Goode will not be assessing the previous auditors. Mr. Noftall asked if payroll is going to be included in the audit. Mr. Kisela said no, it was not included in the RFP. Mr. Noftall thinks it should be included. He asked that the City be copied on all documents so they become public records. Ms. Goode explained that she needs to keep things confidential until she has the full puzzle together. She will provide updates but not every bit of information provided.

 

Mr. Kisela advised Council that Carr, Riggs, Ingram is the external auditor for Daytona Beach Shores, but there is no conflict anticipated.

 

Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

17. Resolution No. 13-10 - LAP Agreement for the Herbert Street South Sidewalk Extension from Golden Gate Drive to Nova Road (SR 5A)

 

Mayor Green read Resolution No. 13-10.

 

RESOLUTION NO. 13-10

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCAL AGENCY PROGRAM AGREEMENT FON 430228-1-58-01; FOR THE CONSTRUCTION OF THE HERBERT STREET SIDEWALK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO THE AGREEMENT, RESPECTIVELY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

18. Resolution No. 13-11 - LAP Agreement for the Spruce Creek Road Trail – South sidewalk from Taylor Road to Central Park Blvd.

 

Mayor Green read Resolution No. 13-11.

 

RESOLUTION NO. 13-11

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCAL AGENCY PROGRAM AGREEMENT FON 430079-1-38-01; FOR THE DESIGN OF SPRUCE CREEK ROAD TRAIL – SOUTH SIDEWALK’ AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO THE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-11 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.

 

Councilman Kennedy asked if there is a better area in the city for sidewalks. Bill McCord, Principal Planner, explained that it was a recommendation of the study for safe routes to school.

Motion carried unanimously by roll call vote.

 

19. Resolution No.13-12 – Proposed Drainage Easement Vacation – Lot 15, Pheasant Run Subdivision, Case no. 13-35000001

 

Mayor Green read Resolution No. 13-12.

 

RESOLUTION NO. 13-12

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, VACATING THE PLATTED INTERESTS IN A PORTION OF A DRAINAGE EASEMENT FOR LOT 15, PHEASANT RUN SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-12 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

20. Resolution No. 13-13 – Proposed Conservation Easement Vacation – Lot 16, Pheasant Run West Subdivision, Case no. 12-35000004

 

Mayor Green read Resolution No. 13-13.

 

RESOLUTION NO. 13-13

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, VACATING THE PLATTED INTERESTS IN A PORTION OF A CONSERVATION EASEMENT FOR LOT 16, PHEASANT RUN WEST SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

 

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

 

Vice Mayor Burnette asked if any trees are being removed. Mayor Green explained that the trees have already been removed.

 

Margaret Momberger, Principal Planner, said there were some trees and underbrush cleared by mistake. This is a remedy.

 

Councilman Bastian asked about replacement trees.

 

Motion carried unanimously by roll call vote.

 

21. Resolution No. 13-14 – Proposed Utility Easement Vacation – Lot 69, Sugar Forest – Phase III Subdivision, Case no. 13-35000002

 

Mayor Green read Resolution No. 13-14.

 

RESOLUTION NO. 13-14

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, VACATING THE PLATTED INTERESTS IN A PORTION OF A UTILITY EASEMENT FOR LOT 69, SUGAR FOREST – PHASE III; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Vice Mayor Burnette asked if the neighbor was notified. Margaret Momberger said it was advertised in the newspaper. She’s not sure if the specific neighbor was spoken to. Mayor Green said there are drainage issues in this area. Councilman Ford said there is property available from the HOA.

 

Ms. Momberger advised that the garage and the driveway meet set back requirements. Vice Mayor Burnette suggests this item be tabled so the neighbor can be notified personally to ensure there are no objections.

 

Motion was made by Vice Mayor Burnette to table Item #21 until February 26, 2013 so that the neighboring property owner can be further notified, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

ADMINISTRATION (Greg Kisela)

 

22. Report on Christmas Tree Sales Event

 

The applicant has requested that this item be continued until March 5, 2013 as he is unable to attend this meeting.

 

23. City Manager Performance Review

 

Vice Mayor Burnette used a City Manager evaluation form to review Mr. Parker’s performance as a whole, not just on the water meter/finance issues.

 

Councilman Kennedy agrees that Mr. Parker’s career would receive high marks; however, the annual evaluation would show some deficiencies.

 

Councilman Bastian found it difficult to evaluate Mr. Parker since he was elected to office in December, 2012.

 

Councilman Ford doesn’t like public discussion of employee’s evaluations. He believes Mr. Parker has left the City of Port Orange a better place.

 

Ben Talluto addressed Council regarding Mr. Parker’s tenure and the changes in Port Orange.     

 

Mayor Green hasn’t always agreed with Mr. Parker but he appreciates his work and feels he has done a great job overall.

 

24. City Attorney’s Report

 

Ms. Roberts provided details of the Mutual Settlement Agreement and Release for the lawsuit of the City of Port Orange vs. Petroleum Technicians, et al. Case no. 2008-34187-CICI.

 

Motion to approve the Mutual Settlement Agreement and Release was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

25. City Manager’s Report

 

Mr. Kisela advised that a status report will be provided on the Centennial Celebration on March 5, 2013. He requested authorization from Council to enter into a license agreement for fireworks from the “point property”.

 

Motion to authorize the City Manager to enter into a license agreement for fireworks for the Centennial Celebration was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

COUNCIL COMMENTS

 

26. Comments/Concerns from Council Members

 

Mayor Green said there is no morning show for tomorrow.

 

Councilman Ford asked about the a/c unit in fire stations 74 and 71, apparently they haven’t been working for several months. Mr. Kisela said ok, he has a meeting this week and will provide a report. Councilman Ford asked for a ceremony for Chris Weir. Mr. Kisela said it’s scheduled for the next meeting.

 

Vice Mayor Burnette wants work on the medians. He asked if there is something Staff/Council can do to help with code violations that are cited. Mr. Kisela said there is a meeting set this week about this issue. Vice Mayor Burnette asked if Hamish Pierpont can be honored for winning the County Spelling Bee. Atlantic HS girls’ basketball team are in final 4. He would like recognition for that team as well.

 

Councilman Bastian received a phone call about 4615 Spruce creek. Mr. Kisela advised that he has a message to call the homeowner as well. Staff is looking into it.

 

Councilman Kennedy addressed Chris Norton’s comments about his tattoo parlor. He is sorry the newspaper used the closed down tattoo parlor and lumped them all together. He said it is time to stop talking about them in the negative as a whole. Tattoos are in the main stream these days. He spoke highly of Hold Fast Tattoo. He believes the Council needs to be supportive of all businesses.

 

Councilman Bastian asked about the gateway signs on Ridgewood. Mr. Kisela will provide an update.

 

Mayor Green said Council needs to find a mechanism for acquiring property from homeowner’s that want to sell to the City. Mayor Green asked for contributions for the Centennial Celebration.

 

ADJOURNMENT:    8:45 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk