REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JUNE 4, 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, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk

 

Mayor Green asked to add 3a to the agenda to add a surprise presentation, as well as 6a to appoint two (2) additional members to the Audit & Budget Advisory Board.

 

Elaine Brayton, citizen, thanked Council and specifically, Councilman Ford for his help and support with the book “The Tales of H.W. Bear.”

 

BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS

 

4.    Planning Commission appointment – John Junco

 

John Junco introduced himself to Council and provided his background information.

 

Motion was made by Councilman Kennedy to re-appoint John Junco to the Planning Commission, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

5.    Youth Advisory Board appointment – Rachel Jimenez

 

Rachel Jimenez introduced herself to Council.

 

Motion was made by Vice Mayor Burnette to appoint Rachel Jimenez to the Youth Advisory Board, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

6.    Parks & Recreation Advisory Board Report

 

Jack Wiles was present to provide Council with the report of the Parks & Recreation Advisory Board. There was discussion regarding the proposed community garden. The Board supported the project as long as it was taken care of. Steve Gaddis presented to the Board regarding the pocket park joining his property. The Board supported working with Mr. Gaddis on selling of the pocket park to him. Greg Kisela, City Manager, advised that he met with Mr. Gaddis and provided details of the process to be taken for selling the property. An agenda item would need to be brought back for Council’s consideration. Council consensus is to help Mr. Gaddis and the Ridgewood Corridor. Mr. Wiles provided details of the Board’s discussion regarding baseball fields. The Board supports selling banners on the fields. The Board does not recommend putting the Panthers logo on the scoreboards or anything else permanent. A free banner would be supported. The Board would support an agreement equitable to their contribution. The Parks Board supports the Panthers’ project. The Board would like to see the pocket parks fenced off to cars and just allow pedestrians. The Board supports more access to the water. Memorial Day weekend parking for boating was full. The Board would like to see additional places opened, specifically, water access at Riverwalk and the end of Spruce Creek Road.

 

Councilman Kennedy asked about the Spruce Creek Road access and issues with the County. Mayor Green said yes, there were issues with the County, but now may be a good time to revisit the issue with them.  

 

Councilman Bastian asked about parking at Spruce Creek Road if pocket parks are fenced off. Mr. Wiles said the City owns property at that area. He suggested checking it out and working through the parking issues.

 

Vice Mayor Burnette thanked Mr. Wiles and the Board for their work.

 

Councilman Ford supports blocking pocket parks to vehicles. He wants to see them used as parks not parking lots. He also supports looking at both sites for kayaking and canoeing.

 

Mayor Green asked about selling some of the pocket parks to generate money to make bigger, better parks. Mr. Wiles agrees.

 

            6a. Appointment of Two Additional Members to the Audit & Budget Committee

 

Vice Mayor Burnette nominated Ivan Cosimi.

Councilman Kennedy nominated Paul Poole.

Councilman Bastian nominated Margie Padgett.

Councilman Ford did not have a nomination but supported Ms. Padgett or Mr. Poole.

Mayor Green nominated Jack Wiles.

 

Mayor and Council Members round 1 vote:

            Paul Poole – 4 votes

            Jack Wiles – 4 votes

            Ivan Cosimi – 4 votes

            Margie Padgett – 3 votes

 

            Margie Padgett was eliminated.

 

Mayor and Council Members round 2 vote:

            Paul Poole – 3 votes

            Jack Wiles – 4 votes

            Ivan Cosimi – 3 votes

 

            Jack Wiles was selected to serve.

 

Mayor and Council Members round 3 vote:

            Paul Poole – 2 votes

            Ivan Cosimi – 3 votes

 

            Paul Poole was eliminated and Ivan Cosimi was selected to serve.

 

The written ballots of the Mayor and all Council Members are included in the agenda packet materials.

 

Motion was made by Vice Mayor Burnette to appoint Ivan Cosimi and Jack Wiles to the Audit & Budget Advisory Board pending approval of the Ordinance Amending the Board, Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Discussion was held regarding the first meeting. Mr. Kisela advised that the original five members of the Board were available to meet on Friday, June 21, 2013; however, these two new members are not available. Mr. Kisela asked Council for leeway to allow the City Clerk to coordinate the meeting with the full Board for Monday, June 24, 2013 with Friday, June 21, 2013 as the fall back date if Monday is not better. Council agreed 3-2 to allow the flexibility. Councilman Ford and Councilman Bastian saying no.

 

SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

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

 

Mike Collins, General Manager, provided the golf course report to Council for the month of April.

 

Vice Mayor Burnette is concerned with the bottom line going into the summer months. He thinks they do a great job on the golf side of the course management but are lacking on the food and beverage side. He is happy to hear about the junior golf program. He requested Mr. Collins provide a report after the program. Mr. Collins invited Vice Mayor Burnette to meet at the golf course to discuss the food and beverage issues.

 

Councilman Bastian asked about the annual rounds declining. Mr. Kisela asked Mr. Collins to explain the annual rounds. Mr. Collins advised that the annual rounds are pre-paid green fees that began when the golf course first opened. The passes continued from one homeowner to another with the sale of a home. Those rounds have declined.

 

Councilman Ford asked about plans for renovations. Mr. Collins said they are using the R&R Funds for renovations. Mr. Kisela said that is one of the things the Board is looking at. The Board will make some recommendations to Council.

 

Items #9 & 16-

 

Motion was made by Vice Mayor Burnette to move item #16 up on the agenda to accommodate young children, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Motion was made by Councilman Ford to move item #9 up on the agenda to accommodate students, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.

 

Both items were discussed at this time.

 

8.    Forensic Review Report

 

Debbie Goode, Carr, Riggs, & Ingram, discussed the results of the forensic review report. 

 

Mayor Green asked Mr. Kisela for a spreadsheet of what is going to be changed and what wasn’t changed from the past year. Mr. Kisela suggested having an auditor review the changes in the future to ensure everything has been implemented. The rate study will take longer than the other changes. Mayor Green suggested Staff meet with Daytona Beach regarding their rate structure. Mr. Kisela advised of the need to be revenue neutral. Vice Mayor Burnette asked how often an audit will be done. Mr. Kisela said that will be left up to the Council so that they have peace of mind. Mayor Green wants quarterly until everything is straightened out.

 

Councilman Ford is not happy with the report. He believes the finance department was in chaos. He doesn’t believe the report was a road map to making it run smoothly. He suggests finding someone independent of City administration.

 

Motion to have Carr, Riggs, and Ingram meet with the Audit & Budget Advisory Board for a full briefing on their findings was made by Councilman Ford, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote.

 

Motion that the finance policies and internal controls be re-written within the next 3-6 months was made by Councilman Ford, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Ms. Goode offered to provide sample policies.

 

Mr. Kisela said he and Wayne Saunders, Finance Director, know what needs to be corrected and they are ready to move forward with implementation.

 

Vice Mayor Burnette believes the payroll audit is going to be the worst. This report included mostly known inefficiencies. He asked Mr. Kisela to look into the reporting structure. He’s also concerned with the IT security systems. He asked Ms. Goode if she reviewed the memorandum from Mr. Saunders and what their feedback was. Ms. Goode said there are some comments she will provide to Mr. Saunders but she agreed with the plan in general.

Councilman Bastian wants to see the rate table issue addressed immediately to simplify the rates. He is not happy that issue #20 was still going on after all of the issues with the Finance Department.

 

Councilman Kennedy had some of the same questions and issues as the rest of Council. 

 

Mayor Green asked Mr. Kisela what he needs to complete the rate study and complete the policies. Mr. Kisela advised that an RFP is needed to provide information on the rate study. He said there are enough best practices and other information on policies available to prepare new policies.

 

Councilman Ford is concerned with spending so much on consultants. He would like the City Attorney to be involved in re-writing the ordinances and he wants them to include training.

 

Newton White is concerned with the statement that no fraud was found but could have been there and the City and citizens may never know. He asked if other revenues will be reviewed, for instance the wrecker service and Clear Channel payments. Mr. Kisela said it was not looked at as part of the scope. Mr. White believes it should have been reviewed.

 

Mr. Schaefer asked how many city employees had zero reads and for how many months. He also asked how many CPA’s are on Staff and how many have Master’s Degrees. Mr. Kisela said he doesn’t know. He will provide the information. Mr. Schaefer asked if there are is current technology being used in the City. The technology is obsolete.

 

Ted Noftall asked how many adjustments are made daily. Ms. Goode said there are a lot. She can provide the number but doesn’t recall. Mr. Noftall asked who is going to make the changes. Mayor Green said it’s Mr. Kisela’s job but Council’s responsibility to oversee it is done.  Mr. Noftall asked if an accounting of all taxpayer loses is going to be done. Mayor Green said it’s not over. They are still digging to get everything on the table. Mr. Noftall asked if names were going to be provided of those who made the mistakes. Mr. Kisela said no, that was not part of the scope unless there was fraud involved. Mr. Noftall asked if the HTE software can be upgraded to achieve the IT securities needed. Ms. Goode advised that IT is already working on that item. She also advised names and amounts would have been listed if fraud was found. Mr. Noftall asked when the payroll audit would be released. Mr. Kisela said the payroll audit is expected to be presented to the City Council on June 25, 2013 but that is tentative and could change. Mr. Noftall asked if the previous auditors are going to be held accountable for their work. Mr. Kisela said the external audit needs to be released before a determination can be made as to accountability of the previous auditors. The forensic audit did not include a review of the previous auditors work papers.

 

CITIZEN PARTICIPATION (Agenda)

 

9.    Community Garden – Rachel Jimenez

 

Rachel Jimenez introduced Katie Hearn, who asked Council to support a community garden at City Center. Ms. Jimenez provided details of placement and specs of the garden areas. Shawn Brigman provided details of the SEA Club from Spruce Creek High School, who has volunteered to care for the gardens. Bailey Berman advised that the Horticulture Club at Atlantic High School has volunteered to help as well. Mayor Green is concerned with the animals but supports the idea. Councilman Kennedy is concerned because of other activities held at City Center. He suggested it at Riverwalk. Mayor Green said they are looking for the exposure. They are requesting eight (8) beds. Councilman Bastian asked about watering the beds. Ms. Jimenez said they are planning on using rain barrels but will also bring a hose if needed. She asked for a seed bank in Human Resources.

 

Motion was made by Vice Mayor Burnette to approve the project, and Seconded by Councilman Ford.

 

Mark Schaefer, citizen, asked how many of the students have gardens and how they will care for the gardens. He doesn’t believe the size of the beds will be sufficient.

 

Jim Meadows, Environmental Advisory Board, advised that the Board supports the idea and suggests the community help.

 

Mr. Brigman advised he has two gardens at his house that are the same dimensions and has a lot of vegetables.

 

Motion carried unanimously by roll call vote. 

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Ted Noftall asked if the year-end audit is complete. Mr. Kisela said no, it is not complete. The auditor will present it to the City Council on June 18, 2013.

 

CONSENT AGENDA

 

10. Approval of Minutes

a.    May 14, 2013 – Special City Council Meeting

b.    May 28, 2013 – Regular City Council Meeting

11. Construction Activity Report

12. Agreement with Terracon Consultants, Inc. for Fire Station 74 Remedial Action Plan

13. Annual City Employees’ Dental Insurance Renewal

 

Mayor Green asked that item #12 be pulled for further discussion. Councilman Ford asked that item #13 be pulled for further discussion.

 

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

 

Item 12 - Mayor Green asked how the spill could have happened three different times. Shannon Lewis, Assistant City Manager, provided information. Mayor Green asked if there is a process for the diesel filling for an employee to be present. Mr. Kisela said yes. Councilman Bastian advised that it was equipment failure not employee failure. There were employees there during these spills.

 

Councilman Bastian asked why it took six years to approve a mediation plan. Ms. Lewis provided the details of the process. This plan is the final step.

 

Motion was made to approve Consent Agenda item #12 by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item 13 – Councilman Ford is concerned about the increase in rates. Rob Zicker, Human Resources Director, advised that the City went to market approx. 3 years ago and explained the negotiation of the benefits to reduce the increase in rates.

 

Motion to approve Consent Agenda item #13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

FINANCE (Wayne Saunders)

 

14. Resolution No. 13-26 – Budget Appropriations – LAP Agreements

 

Mayor Green read Resolution No. 13-26.

 

RESOLUTION NO. 13-26

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion was made by Vice Mayor Burnette to approve Resolution No. 13-26, and Seconded by Councilman Kennedy.

 

Mr. Saunders provided details of the Resolution.

 

Motion carried unanimously by roll call vote.

 

15. Resolution No. 13-27 – Budget Appropriations – Allen Green Center & Fire Stations 71 & 74 HVAC system replacements

 

Mayor Green read Resolution No. 13-27.

 

RESOLUTION NO. 13-27

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion was made by Vice Mayor Burnette to approve Resolution No. 13-27, and Seconded by Councilman Kennedy.

 

Frank Flagg, Facilities Manager, provided details of Station 74. Councilman Ford is concerned with the expenses for such a new building. Mary Anderson, Public Works Director, explained the issues with the building’s ceiling and the additional work being required because of the problems. 

 

Motion carried unanimously by roll call vote.

 

PARKS & RECREATION (Susan Lovallo)

 

16.  High School Regulation Baseball Field

 

Item 16 - Susan Lovallo, Parks & Recreation Director, provided information to Council regarding the options for baseball fields. Staff recommends option #1, renovate the Spruce Creek fields. Councilman Bastian asked how the costs went from $15,000 to over $200,000. Ms. Lovallo explained the difference to do the expansion properly and safely.

 

Councilman Kennedy asked if one field will be sufficient. Ms. Lovallo said ideally a new sports complex would be perfect but there’s no funding. One field will work for now to get these kids back to Port Orange.

 

Councilman Ford asked what the $260,000 includes. Ms. Lovallo explained the process. Councilman Ford doesn’t believe the price is good. Mayor Green said it’s a total rebuild. He has looked for other property. This is short term.

 

Vice Mayor Burnette supports the use of an existing facility. He believes the fields will be used and revenue will be received. He thanked Ms. Lovallo for her help.

 

Mike Navarro advised that he proposed to do the basic renovations to get the south field ready for September.

 

Mr. Kisela advised Council that a funding source will be determined and brought back to Council for approval.

 

Vice Mayor Burnette suggested breaking it into two projects: the South field for the Panthers to begin working and the north field renovations. Ms. Lovallo will work with the group.

 

Councilman Bastian suggested naming rights after the field is complete to generate funds.

 

Motion to approve entering into an agreement with the Panthers group for renovations to the South field was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Motion to approve renovating the north field was made by Vice Mayor Burnette contingent upon funding, and Seconded by Councilman Kennedy.

 

Councilman Ford cautioned Council on spending more money. Mayor Green prefers to find land and build the fields the right way, but this is a good interim solution.

 

Newton White, citizen, suggested Council waive the permit fees for the permits needed. Mayor Green said that is not part of this motion.

 

Motion carried 4-1 by roll call vote with Mayor Green voting no.

 

PUBLIC WORKS (Mary Anderson)

 

17. Award Bid to D. G. Meyer, Inc. for HVAC System Replacements for Fire Stations 71 & 74

 

Motion to approve the bid award to D.G. Meyer, Inc. for HVAC System replacements for fire stations 71 & 74 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Noftall asked if the repairs are being done because of poor design or poor construction. Mayor Green said one was done correctly and the other was not. It was approved by the City inspectors and the architect. 

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

18. City Attorney’s Report

 

Margaret Roberts, City Attorney, provided a copy of the email sent from the City Attorney’s Office to the Audit & Budget Advisory Board regarding electronic communications by board members.

 

Ms. Roberts also advised Council that John Upchurch has been selected for mediation with the Daytona Beach Shores. She will bring back a formal agenda item for their approval.

 

 

ADMINISTRATION (Greg Kisela)

 

19. Addendum to Third Amendment and Restatement of Lease Agreement with Palmer College Foundation for HVAC System Replacement at Allen Green Center

 

Motion to approve the Addendum to Third Amendment and Restatement of Lease Agreement with Palmer College Foundation was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Ms. Lewis provided details of the HVAC system replacement for the Allen Green Center. The City is responsible for the a/c system as well as the building itself.

 

Motion carried unanimously by roll call vote.

 

20. City Manager’s Report

 

Mr. Kisela will bring back an item on June 18 or June 25 regarding equity in building fees. He reminded all of the Riverwalk workshop on June 11, 2013 at 5:30 p.m.

 

COUNCIL COMMENTS

 

21. Comments/Concerns from Council Members

 

Nothing reported.

 

ADJOURNMENT: 9:47 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk