REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

FEBRUARY 26, 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

 

Mayor Green asked Boy Scout Troop 477 to introduce themselves.

SPECIAL REPORTS, AWARDS, PROCLAMATIONS

 

4.    Police Recognition Awards

 

Chief Monahan and Asst. Chief Miller presented one Award of Merit and two Awards of Achievement.

 

5.    Fire Recognition – Chris Weir

 

Deputy Chief Ken Burgman presented Chris Weir, Fire Marshal, with the 2012 Florida Executive Fire Officer of the Year from the Florida Fire Chiefs Association.

 

6.    Local Business Spotlight

 

Debbie Connors, Port Orange/South Daytona Chamber of Commerce, introduced Deb McCall of Volusia Memorial Funeral Home. Ms. McCall discussed her business.

 

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

 

Mike Collins and Ricardo Catarino were present to provide the monthly update on the golf course.

Councilman Bastian asked how the course is holding up. Mr. Collins said it is holding up well. They have performed surveys of players and they feedback has been positive.

 

Vice Mayor Burnette said if the budget is not back on track by the end of March, some changes will be needed. He would like a report about the golf shop. He asked if the debt service has been paid to the City and is current. Mr. Collins said yes. Vice Mayor Burnette asked about youth memberships. Mr. Collins will report back regarding the golf shop and youth memberships.

 

Councilman Ford said the Board is looking into income sources and capital projects that are needed in the near future.

 

Mayor Green provided Mr. Collins with a letter regarding sponsorships for the Centennial Celebration.

 

BOARD REPORTS, APPOINTMENTS & INTERVIEWS

 

8.    General Employee’s Pension Board Annual Report

 

Dave Leonard provided Council with the annual report of the General Employee’s Pension Fund. He believes the 13% contribution from the City is sustainable in the future. 3.5% of that 13% is being paid toward current costs, while the additional 9.5% is paying unfunded liabilities.

 

Vice Mayor Burnette believes the assumption rate of 7.5% is too high.

 

Councilman Ford is interested in Council considering a different plan for the assumption. He favors a five-year running average.

 

Ted Noftall asked what portion of the unfunded liability is for future benefits. Mr. Leonard’s answer was approximately $10 million if the plan was collapsed immediately. Mr. Noftall asked Council to collapse the plan and relieve the taxpayers.

 

CITIZEN PARTICIPATION (Agenda)

 

9.    Tree City USA presentation

 

Steve Edgar presented Council with the 30th Annual Tree City USA award. He encouraged the Council to continue with their requirements relating to tree preservation.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Corey Berman addressed Council regarding an issue of a picture of Mayor Green with a target posted at the fire stations. He asked the City to fix the hole at the handicap parking spot at City Hall.

 

Ted Noftall believes the City Manager/Council form of government is wrong. He encouraged Council to change the form of government. He asked for information about the police and fire departments and what happened last week. He thinks the public should know why the firefighters were interviewed. He asked about the shredding issues in Finance. Mayor Green knows nothing about the firefighter issues.

 

John Junco asked Council for approval of two additional banners on City property at Dunlawton and Clyde Morris. Mayor Green said it has to be done properly and safely. All agreed. Wayne Clark, Community Development Director, advised that with Council’s approval, Mr. Junco and Family Days can move forward with the standard permitting process.

 

Motion to approve the request as discussed and allow Family Days to move forward with the permitting of two banners was made by Councilman Kennedy, and Seconded by Councilman Ford.

 

Corey Berman asked about putting banners in all parks for more publicity. Mr. Junco advised that there are posters at the dog park and they have placed radio ads.

 

Motion carried unanimously by voice vote.

 

CONSENT AGENDA

 

10. Project Manager’s Report

11. Use Agreement Port Orange Family Days Community Trust

12. Dunlawton Drainage Improvements Project Easement to Florida Power & Light Company

13. Change Order #3 to the RJH Technical Services, Inc. for three Toshiba Variable Frequency Drives (VFD’s) at the Reclaimed Water Plant (RWP)

14. Continued use of Premier Magnesia for Magnesium Hydroxide for the Reclaimed Water Plant (RWP)

15. Termination of Lease and Acceptance of Donation from Daytona Beach Electrical Joint Apprenticeship and Training Committee

16. Concurrency and Fair-Share Agreement & Public Improvements Agreement for the White Palm Apartments (F.K.A. Liv Apartments) Site Plan, Case no. 12-80000007

17. Contract for Fireworks by Santore, Inc. for the Centennial Celebration

17a.    Award, Sale and Delivery of Excess Dirt to LIV Development, LLC

 

Vice Mayor Burnette requested that Item #11 be pulled for further discussion.

 

Motion was made by Vice Mayor Burnette to approve Consent Agenda items #10, 12-17a, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Vice Mayor Burnette thanked the Family Days volunteers for their service to the community.

 

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

 

TABLED ITEMS

 

18. Resolution No. 13-14 – Proposed Utility Easement Vacation – Lot 69, Sugar Forest – Phase III Subdivision, Case no. 13-35000002 (TABLED FEBRUARY 19, 2013)

 

Motion was made by Vice Mayor Burnette, and Seconded by Councilman Ford to pull Item #18 off the table for further discussion. Motion carried unanimously by voice vote.

 

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.

 

Margaret Momberger, Senior Planner, advised that the neighboring property owners have been notified and have no objections.

 

Motion carried unanimously by roll call vote.

 

FINANCE (Wayne Saunders)

 

19. Resolution No. 13-6 - Budget Appropriations

 

Mayor Green read Resolution No. 13-6.

 

RESOLUTION NO. 13-6

 

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. 13-6 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Wayne Saunders, Interim Finance Director, provided details of the Resolution.

 

Councilman Ford asked if the retirements were anticipated. Mr. Saunders advised that yes, they were, but the budget did not reflect enough to cover the benefits.

 

Vice Mayor Burnette wants to consider “use it or lose it” so benefits are used in the year that they are budgeted. He wants to encourage employees to use their vacation and sick leave.

 

Mayor Green wants to consider paying employees for their full sick leave in their base pay instead of paying when they are off.

 

Councilman Ford thinks it should be looked at during this budget year.

 

Councilman Bastian doesn’t see why it’s a budgeting issue. The sick and vacation is easy to determine. He disagrees with Mayor Green’s idea.

 

Councilman Kennedy agrees with Councilman Ford about discussing this at budget time.

 

Mr. Saunders advised that some of those changes have already been taken care of.

 

Motion carried unanimously by roll call vote.

 

20. Resolution No. 13-8 – Bank Authorized signature changes – TD Bank

 

Mayor Green read Resolution No. 13-8.

 

RESOLUTION NO. 13-8

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND CITY MANAGER TO ACT ON BEHALF OF THE CITY FOR TRANSACTIONS RELATING TO THE DEPOSIT ACCOUNT HELD BY TD BANK, N.A.; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ALL DOCUMENTS REQUIRED FOR SUCH PURPOSES; SUPERSEDING RESOLUTION NO. 07-15; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-8 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Saunders advised this is a document to add Mr. Kisela to the bank documents for signature purposes.

 

Mr. Noftall asked how many bank accounts the City has. Ms. Roberts said the City has one with TD Bank.

 

Motion carried unanimously by roll call vote.

 

21. Resolution No. 13-9 – Bank Authorized signature changes – Riverside Suntrust Bank

 

Mayor Green read Resolution No. 13-9.

 

RESOLUTION NO. 13-9

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND CITY MANAGER TO ACT ON BEHALF OF THE CITY FOR TRANSACTIONS RELATING TO THE DEPOSIT ACCOUNT HELD BY SUNTRUST BANK; AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ALL DOCUMENTS REQUIRED FOR SUCH PURPOSES; SUPERSEDING PRIOR RESOLUTIONS; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-9 was made by Vice Mayor Burnette, and Seconded by Councilman Ford.

 

Vice Mayor Burnette asked if the accounts are with Suntrust Bank as the documents indicate or Riverside Bank as the agenda reflects. Mr. Saunders said Suntrust Bank. Mr. Kisela advised there are eight accounts with Suntrust Bank to be changed.

 

Motion carried unanimously by roll call vote.

 

22. Finance Report

 

Mr. Saunders provided details from the monthly finance report.

 

Ted Noftall asked where the City is for the end of the year audit. Mr. Saunders said Staff will be prepared for the external auditors when the auditors are selected. The appropriate schedules will be ready when the auditors are ready. Mr. Noftall asked where Staff stands with the voluminous amount of adjusting entries. Mr. Saunders said he is not prepared to address that question tonight. Mayor Green said Staff is working on it with all of the other finance issues.

 

Vice Mayor Burnette asked for an outline for the plan for the budget process with Mr. Kisela. Mr. Kisela said he will provide the information.

 

CITY ATTORNEY (Margaret Roberts)

 

23. First Reading - Ordinance No. 2013-3 – Amending Code of Ordinance Chapter 54 Personnel

 

Mayor Green read Ordinance No. 2013-3.

 

ORDINANCE NO. 2013-3

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING SECTION 54-47(d) OF THE CODE OF ORDINANCE; ESTABLISHING THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION ICMA-RC 401(A) PLAN FOR THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-3 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

24. Resolution No. 13-7 – ICMA-RC City Manager 401(a) Retirement Plan

 

Mayor Green read Resolution No. 13-7.

 

RESOLUTION NO. 13-7

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ESTABLISHING A MONEY PURCHASE RETIREMENT PLAN FOR THE CITY MANAGER; AUTHORIZING THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION ADMINISTRATIVE SERVICES AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR THE PURPOSE; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-7 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Noftall asked what Council’s going to do about sick and vacation leave. He asked who is negotiating on behalf of the taxpayers. Mayor Green replied Council will discuss sick and vacation leave during the upcoming budget cycle.

 

Brian Spies agrees with Mr. Noftall’s comments except with the 24 hour departments because they may not get to take their vacations because of understaffing. He thinks those employees should be allowed to roll over their sick and vacation time.

 

Motion carried unanimously by roll call vote.

 

25. City Attorney’s Comments

 

Ms. Roberts has nothing to report.

 

Vice Mayor Burnette doesn’t like the read file. He prefers to have it sent to his email. Mr. Kisela will check to see if it is possible.

 

Councilman Ford asked the City Attorney to inform the Council when changes happen (i.e.: change in the golf auditor). Margaret Roberts, City Attorney, advised that she reviews the contracts approved by Council and if they do not meet what Council approves.

 

Mr. Noftall asked why and why now for the changes.

 

Mayor Green asked if Council wants to acquire the property north of the fire station on US 1 for $50,000.

 

Ford considers it reasonable. He agrees with acquiring property along US1.

 

Vice Mayor Burnette wants to see some property data before he decides on a price. He’d also like to know the Council’s plan for the area.

 

All Council members were in agreement to move forward to determine the value.

 

Mr. Kisela advised that State Statute spells out what the City can and cannot do. Staff will have to follow those laws.   

 

ADMINISTRATION (Greg Kisela)

 

26. City Manager’s Comments

 

Mr. Kisela advised that the forensic auditors arrived on Monday, February 26, 2013 and are beginning their work. There are chairs at the dais for Council to consider and provide feedback to the City Manager’s office.

 

COUNCIL COMMENTS

 

27. Budget & Audit Committee Discussion

 

Mr. Kisela asked Council if they want to create a Budget and Audit Committee. Staff can provide a draft ordinance. Vice Mayor Burnette would like to see some criteria set. Consensus of Council is review a draft of an ordinance and set criteria.

 

28. Comments/Concerns from Council Members

 

Councilman Ford advised that the exhaust fan at station 72 is having problems. He asked that all the fans be checked.

 

Vice Mayor Burnette asked that the medians on Clyde Morris and S. Williamson be addressed even though they are not City properties.

Councilman Bastian asked that the read file be reviewed. He doesn’t like the new software. He said the a/c units are also not working at some of the fire stations. Sidewalks are in need of repairs.

 

Councilman Kennedy asked if there is an ordinance about not smoking in City parks. Margaret Roberts will look into it. Councilman Kennedy advised that FPL is in town trimming trees. They have made a horrible mess on his street. Steve Edgar will check into it.

 

29. City Council Committee Reports

a.    City Investment Committee – Councilman Kennedy reported that they met in January and the report was already provided. They haven’t met since.

b.    Transportation Planning Organization (TPO) – Councilman Ford reported that the TPO will be coming to Council for approval to include Palm Coast. The TPO is dealing with trails into Edgewater.

c.    Library Advisory – Councilman Bastian reported they meet in March.

d.    Municipal Firefighters Pension Board – Councilman Ford didn’t attend as it was held on the same day as a Council meeting.

e.    Municipal Police Officers Retirement Trust – Councilman Kennedy was unable to attend the last meeting due to a medical emergency. He was provided notes from Judy Surmaczewicz: they are working on hiring a new auditor. The Fund total is currently at $22,516,000

f.     General Employees General Retirement Trust – Councilman Bastian advised that the report was previously given by the actuary.

g.    YMCA – Councilman Bastian missed the January meeting. The next meeting is in March.

h.    Volusia Council of Governments (VCOG) – Mayor Green advised of the meeting held on last Monday night.

i.     Volusia League of Cities – Mr. Kisela advised the next meeting is scheduled for the 28th of March.

j.     ArtHaus – Vice Mayor Burnette reported that the ArtHaus has had a year in the black. They are participating in the Family Days Spring Carnival.

k.    Port Orange/South Daytona Chamber of Commerce – Vice Mayor Burnette reported the Morning Mix and Mingle is scheduled for March 1, 2013 and the Taste of Port Orange is coming. Their membership drive recruited 45 new members. They are at a four year high of over 600. They want to be over 700 by the first of the year.

l.     Golf Course Board of Directors – The Golf report was previously given.

m.  Youth Advisory Board – Bailey Berman reported they collected jeans for the Jeans for Teens drive and cleaned Veteran’s Park last month.

n.   Communications Interlocal Agency (CIA) – Mayor Green advised that they are holding a ribbon cutting for the new County EOC facility on February 27, 2013.

 

Ken Parker addressed Council regarding his tenure. He thanked Council for their support.

 

Mayor Green and Council Members all thanked Mr. Parker for his service. Ms. Roberts also thanked Mr. Parker for encouraging her to work with Port Orange. Mayor Green read and provided a Proclamation to Mr. Parker.

 

ADJOURNMENT:    9:19 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk