REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MAY 28, 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 Drew Bastian
Councilman Dennis Kennedy
Vice Mayor Donald Burnette
Mayor Allen Green
Absent: Councilman Bob Ford
Also Present: Greg Kisela, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, City Clerk
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Newton White addressed Council regarding storm debris from two weeks ago at Dunlawton and US 1.
Corey Berman addressed Council regarding the banana peels. He also asked about using golf carts within the City.
4. Approval of Minutes
a. May 21, 2013 – Regular City Council Meeting
5. Project Manager’s Report
6. Approval to exceed the $25,000.00 limit for Ten-8 Fire
7. Change Order #1 to Existing Contract with Sunstate Meter & Supply, Inc. for purchase of Neptune Water Meters
8. Service and Maintenance Agreement for HACH Equipment
9. Approval to utilize Diversified Asset Recovery and Public Surplus to auction City surplus and/or obsolete materials and equipment and to waive purchasing procedures utilizing Manheim to auction the City’s surplus and/or obsolete fleet vehicles
10. Annual City Employees’ Health Insurance Renewal
Vice Mayor Burnette asked that Item #9 be pulled for further discussion.
Motion to approve Consent Agenda Items #4-8 and #10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Corey Berman advised Council that he believes there are companies that will do the auctions for less. Mr. Kisela explained that the company is charging 7-10% not 70% as he was reading the materials. Councilman Bastian explained the old company was charging as much as 70%.
Motion to approve Consent Agenda Item #9 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
FINANCE (Wayne Saunders)
11. Finance Report
Wayne Saunders, Finance Director, provided details from the finance report for the month of April.
Vice Mayor Burnette asked about the ad valorem tax. Mr. Saunders explained the $90,000 appears to be ahead of budget amounts. Vice Mayer Burnette asked if the golf course was going to be able to meet their debt service payment. Mr. Kisela said they may be short on their payment. Mayor Green is still concerned with the restaurant. He doesn’t believe they work it correctly.
Councilman Bastian is concerned with the golf course numbers, as well as the YMCA. Mr. Kisela said he has asked the golf course to provide ten years of financials.
Councilman Kennedy is concerned with LA Fitness taking memberships from the YMCA.
PUBLIC SAFETY (Jerry Monahan)
12. First Reading - Ordinance No. 2013-8 – Vehicles used as residence, domicile, or living quarters
Mayor Green read Ordinance No. 2013-8.
ORDINANCE NO. 2013-8
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE III, SECTION 42-59 RELATING TO LOCATION OF VEHICLES USED FOR HUMAN OCCUPANCY, ENTERTAINMENT OR PREPARING MEALS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2013-8 on first reading was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Jerry Monahan, Director of Public Safety, provided details of the Ordinance. This ordinance is to bring City codes into compliance with the Florida Statutes.
Councilman Kennedy asked how often the police department runs into this issue. Chief Monahan advised they run into it a lot. This will clarify the law.
Councilman Bastian asked if this ordinance would affect food trucks. Mr. Monahan said no, it is for overnight stays.
Ted Noftall asked if meals can be prepared out of a vehicle. Mr. Monahan said yes.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
13. First Reading – Ordinance No. 2013-9 –Amending Audit & Budget Advisory Board
Mayor Green read Ordinance No. 2013-9.
ORDINANCE NO. 2013-9
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, DIVISION 5 REGARDING THE AUDIT AND BUDGET ADVISORY BOARD; INCREASING THE NUMBER OF MEMBERS ON THE BOARD, INCREASING THE QUORUM REQUIREMENT, PROVIDING FOR STAGGERED TERMS; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2013-9 on first reading was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Mayor Green asked how often the Board will meet. Mr. Kisela said it is up to the Board to decide how often they will meet.
Mr. White asked if the Board is going to move forward without waiting for the other three members to get appointed. Mayor Green said he’s not in favor of that.
Stan Hetrick asked what the functions are of the Board. Margaret Roberts, City Attorney, advised that this Ordinance is only amending the number of members. The functions were established with the original Ordinance.
Mayor Green asked Council to provide background information on their qualifications. Mr. Kisela said Staff will gather resumes and applications for the Board members.
Mr. Noftall asked when the first meeting will be called. Mr. Kisela advised that the first meeting will be scheduled by Staff and announced at the June 4, 2013, Council meeting. Mr. Kisela said the first meeting is the time for the full Board to vote on Chair and Vice Chair, By-Laws, and meeting dates and times.
Motion carried unanimously by roll call vote.
14. City Attorney’s Comments
Attorney Roberts updated Council on the condominium seized in a forfeiture proceeding. She asked Council to approve to pay a realtor up to 6% in commissions for leasing the unit out. The Court has authorized the City to lease the unit.
Councilman Bastian is in favor of getting revenue from the unit.
Councilman Kennedy asked how long the suit will go on and if the unit could be awarded back to the owner. Attorney Roberts said there’s no way to know, the owner is stalling as much as possible. She explained the expenses the City is incurring on the unit. A lease would cover the expenses until the Court decisions are complete.
Vice Mayor Burnette suggested a three year lease.
Motion to authorize the City Attorney to seek a lease on the condominium unit forfeited during a forfeiture action was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Berman believes that a three year lease with an option to purchase would be a good idea and suggested that a provision be included in the lease based on the Court’s decision. He agreed with leasing the property.
Motion carried unanimously by voice vote.
ADMINISTRATION (Greg Kisela)
15. Resolution No. 13-24 – City Manager Authorizations
Mayor Green read Resolution No. 13-24.
RESOLUTION NO. 13-24
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, GRANTING AUTHORITY TO THE CITY MANAGER REGARDING WAIVER OF PAYMENT AND PERFORMANCE BOND REQUIREMENTS, EXECUTION OF CONTRACTS, AND IMPOSITION AND SATISFACTION AND RELEASE OF LIENS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 13-24 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mayor Green supported the Resolution to help small companies compete.
Councilman Bastian also agreed to simplify working with the City.
Vice Mayor Burnette is cautious of putting too much power in one person’s hands but he believes this will help level the playing field for small businesses.
Mr. Noftall agreed with Vice Mayor Burnette. He asked which Staff members are recommending the Resolution. Mr. Kisela explained this Resolution addresses the lack of internal controls.
Motion carried unanimously by roll call vote.
16. Interlocal Agreement for Distribution of Local Option Fuel Tax
Mr. Kisela explained the document is from the County Chairman for consideration.
Vice Mayor Burnette wanted to send a message to the County Council by not approving the agreement. He doesn’t agree with paying for roads in Ormond Beach and other areas while Port Orange suffers.
Councilman Bastian agreed with Vice Mayor Burnette. He’s not happy with the agreement.
Councilman Kennedy said it’s not a threat from the County; it’s going to happen. He wants to re-send their letter.
Mayor Green advised that he met with Daytona Beach and he is willing to discuss the issue. He said the County Manager advised that he will use the airport, Votran, beaches, and the rail. They will get substantially more Port Orange money if the agreement is not approved by the cities. Mayor Green wants to send a message that they want to sit and talk.
Mr. White asked what the previous five year’s expenditures have been. Mr. Kisela explained that the best Staff has determined is that Port Orange and the County would win but the other cities would lose. Mr. White encouraged Council to vote no on the Interlocal Agreement
Attorney Roberts explained her concern of defaulting to the statutory formula.
Mr. Noftall asked Council to withhold their support of this agreement as it is not in the best interest of the City of Port Orange. Mayor Green doesn’t believe money gets distributed if legal action occurs.
Motion to approve the Interlocal Agreement as presented was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion denied 1-3 on roll call vote. Mayor Green voted yes. Vice Mayor Burnette, Councilmen Kennedy and Bastian voted no.
17. City Manager’s Comments
Mr. Kisela explained bid award #13-17 should have been $125,800 rather than $120,800. There was a tabulation error. It does not affect the low bidder. The project is the Town Center median landscaping.
Motion to correct the bid award for #13-17 in the amount of $125,800 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Mr. Kisela advised that the insurance company has contacted the owners of all of the vehicles affected by the flooding on Moonstone.
Mayor Green nominated Sonya Laney to serve on the Board.
Motion to appoint Sonya Laney to the Audit & Budget Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.
a. City Investment Committee – Councilman Kennedy reported that the market value is $31,029,493.38. The investments have done fairly well.
b. Transportation Planning Organization (TPO) – Councilman Ford was not present. Mayor Green attended the meeting and they discussed the long range plan and the I-95 interchange going back to the 2035 plan.
c. Library Advisory – Councilman Bastian reported that there was no meeting. The next meeting is in July.
d. Municipal Firefighters Pension Board – Councilman Ford was not present.
e. Municipal Police Officers Retirement Trust – Councilman Kennedy reported that there was a Meeting held on May 17, 2013. The actuarial report is still not complete. The auditor is beginning their work. The fund is sound. There was a gain of over $1.1 million for the quarter. State Bill 534 has brought new requirements. Tim Wright stepped down as Chairman and Steve Braddock was elected as the Chairman. Councilman Kennedy asked the City Attorney to provide details of how the Board is comprised. Mr. Berman asked how a lawsuit from a former sergeant from the Police Department suing the pension is being funded. Attorney Roberts said it is her understanding that the costs will come from the Pension Plan. Councilman Kennedy agreed; it’s been going on for some time now. Mr. Noftall asked Mayor Green what steps will be taken to appoint the 5th member to the Police Pension Board. He suggested Council provide nominations to the Board.
f. General Employees Retirement Trust - Councilman Bastian reported there are a lot of long time employees retiring.
g. YMCA – The report was provided by Mr. Saunders with the Finance Report. Councilman Bastian said the YMCA will be asking for 2nd floor conference room
h. Volusia Council of Governments (VCOG) – Mayor Green reported the topics included trails.
i. Volusia League of Cities – Nothing to report. Thursday night is the next dinner.
j. ArtHaus – Vice Mayor Burnette reminded that there is a Fun and Funky dinner tomorrow night. Need to RSVP.
k. Port Orange/South Daytona Chamber of Commerce - Vice Mayor Burnette advised Wednesday, June 26th, the Chamber will be hosting Space Florida. Lunch is $15.00.
l. Golf Course Board of Directors – The golf report was provided by Mr. Saunders with the Finance Report. Their meeting is next week.
m. Youth Advisory Board – Councilman Bastian asked Bailey Berman to report. Ms. Berman advised that the Board discussed work program ideas and cleaning Veteran’s Park. The Youth Achievement Award was presented to Johnny Junco
n. Communications Interlocal Agency (CIA) – Mayor Green advised that the RCC met this week. Shannon Lewis, Assistant City Manager, advised that the Governing Board met to receive an update from the Fire Chiefs on the fire records management conversion to the County’s system. The existing contract with ETI for records management service was approved for an additional year. It is funded through the RCC budget.
Mayor Green read a Proclamation for Civility Month for the Florida Bar.
Mr. Noftall asked Council to speak about the Forensic Review from CRI. Mayor Green said CRI will be in attendance on June 4, 2013, and he’d rather discuss it with them in attendance. Mr. Noftall asked why the value of the revenue lost on the zero read meters is not going to be included. Mayor Green said it can’t be determined because of all of the different rates used. Mr. Kisela advised that he and the City Attorney are evaluating whether or not the City has a cause of action against the former auditors.
Mr. Berman asked questions regarding the Forensic Review. He suggested hiring a security company to review the City buildings.
ADJOURNMENT: 8:15 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk