REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JULY 16, 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 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
BOARD APPOINTMENTS, INTERVIEWS, & REPORTS
4. Planning Commission Re-Appointment – Sonya Laney
Motion to re-appoint Sonya Laney to the Planning Commission was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
SPECIAL REPORTS, RECOGNITION, PROCLAMATIONS
5. Police Recognition Awards
Jerry Monahan, Public Safety Director, presented Officer Spears and Officer Benezette with an Award of Merit.
6. Payroll Audit Report
Debbie Goode, Carr, Riggs, & Ingram, provided details of the payroll audit report. The scope of the report includes administrative leave, part-time employee benefits, and ICMA 457 retirement bonus payments. Confusion of the City’s Codes and inconsistency in implementation of the codes were noted.
Councilman Kennedy asked if the auditor believes this is an issue that should be sent to the State Attorney’s Office. Ms. Goode suggested they talk to an attorney to determine whether or not there is a case. Councilman Kennedy doesn’t believe it can be held against the individual employees since they believed it was in the Director’s discretion to grant administrative leave. He wants to see what can be done to recoup the monies lost. He wants to see the policies cleaned up for consistency.
Councilman Bastian is shocked and disappointed that this happened for so long. He agrees with sending it to the State Attorney’s Office. He wants the benefits for part-time employees cleared up.
Vice Mayor Burnette is surprised that there is not a policy manual in HR for every employee. He agrees with having the State Attorney’s Office review the case. He asked how many of the employees are still employed and what is the resolution. Mr. Kisela said clearly these employees received benefits that other City employees did not receive. However, a review of the spreadsheets and calendars reveal a portion (one-quarter to one-third) of the hours would be legitimate discretionary hours granted to employees by a department head. He recommended recapturing the remaining balance from the existing exempt employees. The City’s outside legal counsel has advised him that this is both legal and defensible. He would recommend not pursuing from those not working for the City. Staff is researching whether or not there is an insurance claim. He would recommend withholding leave payouts from the former Public Utilities Director to reimburse for the hours he granted to himself. Mr. Kisela also recommended to not recover from any past employees, except the former Public Utility Director. He said the part-time employee benefits can be cleaned up by the end of this fiscal year.
Vice Mayor Burnette wants to try to recover as much as possible. He wants to see more consistency.
Councilman Ford isn’t as sure the employees didn’t know they weren’t supposed to be granted the administrative leave. He doesn’t support criminal charges against the individual employees. He does believe a civil suit would be appropriate and agrees with taking leave back from those employees who are still with the City. He also wants to see consistency with the part-time employee benefits. He doesn’t want to take benefits away from those part-time employees currently receiving the benefits. He wants to be consistent with the 457 payments as well. He wants to do a rate study on a regular basis. He also wants to do a salary study. He believes some positions are receiving the prevailing rate but others are not. He asked when the issues would be handled. Mr. Kisela said the part-time benefit issues will be fixed within a few weeks. He provided details of the expected timeline on some of the other issues, all of which are to be completed by the end of the year except the rate study. All employee contracts will sunset at the end of this fiscal year.
Corey Berman, citizen, asked if more than one person gave the administrative leave. He believes employees took over departments that were still granting leave. Mr. Kisela said he doesn’t know of any others who granted leave when they took over a department. It was limited to the former Public Utilities Director only. Mr. Berman asked about using another system for clocking in and out. Mr. Kisela explained how the exempt employees’ time is tracked. Ms. Goode advised that exempt employees cannot be docked for going home sick in the middle of the day or going to a doctor’s appointment. Most exempt employees are not required to work a straight eight-hour day. She explained, for example, that if an exempt employee attends a City Council meeting, it is very common for that employee to come in late the next day. Mr. Kisela advised that the police and fire departments do not clock in and out in the system. Staff is working through the issues for those departments.
Ted Noftall, citizen, asked if the hours granted were granted before Roger Smith left Public Utilities. Yvonne Clayborne, Audit Manager, CRI, said yes, he was with the City during the granted administrative leave. Mr. Noftall asked if there was legislative authority to make the 457 payments. Ms. Goode said they looked but did not find any written authority other than what was codified in the City’s Code and can be found in Municode, which states “The City Council has authorized supplemental contributions to the ICMA deferred compensation plan” and specified certain positions that would receive the extra contributions. Mr. Kisela said it’s also in the budget resolutions each year that have been approved by Council. Mr. Noftall asked if the sick and vacation buybacks have been properly authorized by City Council. Mr. Kisela said no.
Mark Schaefer, citizen, asked what the technology is for the time clocks. Mr. Kisela said Executime and it is electronic, other than police and fire. Mr. Schaefer asked for a legal written opinion for exempt employees not punching a time clock. Ms. Roberts doesn’t believe there is an opinion. Mr. Kisela said everywhere he’s been it’s been discouraged because of the legal implications. Mr. Schaefer asked if there are other departments using a spreadsheet and allowing the administrative leave. Mayor Green said not that Staff is aware of.
Councilman Ford asked if there was another supervisor who approved administrative leave after Roger Smith left. Ms. Goode said no, not that she is aware of. Ms. Clayborne explained that during an interview with one employee, it was discussed that administrative leave was being granted by an interim director. That administrative leave was authorized by the City Manager per the policy. The Assistant City Manager communicated with the City Manager and received authorization for three days of administrative leave for that particular employee that had already been approved by the previous department director.
Newton White, citizen, asked if the administrative leave in the report included leave that was cashed out. Ms. Goode said the report included administrative leave that was tracked and given. They believe the amounts in the report include all amounts of administrative leave. Mr. White asked if the individual employee contracts are going to be allowed to sunset. Mr. Kisela said the contracts that are annual contracts are going to sunset at the end of the fiscal year and will not be renewed.
CITIZEN PARTICIPATION (Agenda)
7. Spruce Creek High School Girls Basketball Team – Coach Kelvin Hamm
Coach Ella Jones and Aimee Bischoff requested permission to hold a Color Run at Buschman Park to raise funds for the basketball team.
Susan Lovallo, Parks & Recreation Director, said the park is available on September 28, 2013. She has researched the project and has no objections. Mayor Green asked about parking. Ms. Lovallo discussed the parking solutions. Council agrees to allow the Color Run.
8. Sweetwater Coalition/Derek LaMontagne - S. Williamson Blvd construction project
Derek LaMontagne addressed Council regarding the S. Williamson Blvd. construction project. He would like assistance from Council to start a dialogue with the County regarding improving the appearance and reducing the impact of Williamson Blvd, as well as get questions answered. He asked Council to look into having a BMAP (Basin Management Action Plan) done for Spruce Creek. He would like to see a tree survey done before the road is built. He feels a two-lane road would be adequate rather than a four-lane road.
Mayor Green asked where the City is in the process. Mr. Kisela said the County is at 60% design drawings. The City has some water and sewer alignment issues to be resolved. The County is planning to have it complete in June, 2014. Wayne Clark, Community Development Director, provided details of the County’s progress.
Councilman Bastian asked if Mr. LaMontagne has made this presentation to the County. Mr. LaMontagne said no, not yet. He wanted to get support from the City Council first. Councilman Bastian suggested he present this to the County Council.
Mayor Green thanked Mr. LaMontagne for his presentation.
Councilman Ford suggested he present to the Environmental Advisory Board.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Tammy Owens addressed Council regarding her assisted living facility on Broken Bow Lane.
Corey Berman, citizen, addressed Council regarding Layfette, as well as Customer Service. He explained his issues with the Customer Service Department. He thanked the Police Department for their service recently.
Mr. Noftall asked if the City has put the County on notice to raise the rates. Mr. Kisela said the notice was given prior to July 1 as required. Mr. Noftall asked if it is the City’s intention to raise the rates. Ms. Kisela said the City’s intention under the contract to meet with the County Manager to develop a rate. Mr. Noftall asked if the Human Resources Director will receive a cash out of sick and vacation leave. Mr. Kisela said that issue has not been worked through yet. Mr. Noftall wants to see the City Manager’s discretion over employee separation agreements should be reeled in. Mr. Kisela advised that the former director will be paid whatever he is entitled to.
9. Staff Reports - Building Activity Report and Monthly Development Activity Report for June, 2013
10. Update on Construction Projects
11. Parks & Recreation Project Updates
12. Change Order No. 4 to the Contract with RJH Technical Services, Inc. for Repair and Maintenance on Variable Frequency Drives (VFD’S) and High Service Pump Controls at the Water & Reclaimed Plants
13. Public Utilities would like to enter in to a Standard Contract of Services with RJH Technical Services, Inc.
14. Police Vehicle Equipment
15. Subornation of SHIP Down Payment Assistance Second Mortgage – 310 Poinciana Avenue
16. Subornation of SHIP Down Payment Assistance Second Mortgage – 5311 Cordgrass Bend Lane
17. Attorney Services for Forfeiture Proceedings – David Fuller, Esquire
18. New Positions Request in Customer Service
19. Authorizing Court Action against the owner of 309 Lafayette Street
Vice Mayor Burnette requested that Consent Items #17 & 19 be pulled for further discussion.
Councilman Ford requested that Consent Item #10 be pulled for further discussion.
Mayor Green requested that Consent Item #15 and 16 be pulled for further discussion.
Motion to approve Consent Agenda Items #9, 11-14, and 18 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Councilman Ford asked what the status is on the project for the traveling bridge. Donna Steinebach, Assistant to the City Manager/Interim Public Utilities Director, project is still in the design stage. The traveling bridge is only one option. There are other options also being evaluated. Councilman Ford would like to review the project before moving forward.
Motion to approve item #10 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
Mayor Green doesn’t agree with the costs in items #15 and 16.
Motion was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1, with Mayor Green voting no.
Item #17 – Mr. Berman asked if the attorney is being changed. Ms. Roberts said yes, Greg Wagner declined the work.
Motion was made to approve by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
19 – Vice Mayor Burnette asked about the actions leading up to taking the owner to court. Ms. Roberts provided details of the Code actions taken. She advised that the owner’s attorney has authorized the City an easement to access the property.
Motion to approve was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
FINANCE (Wayne Saunders)
20. Resolution No. 13-33 – Budget Appropriations
Mayor Green read Resolution No. 13-33.
RESOLUTION NO. 13-33
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 to approve Resolution No. 13-33 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Wayne Saunders, Finance Director, provided details of the budget amendment.
Motion carried unanimously by roll call vote, after no public comments.
21. RFP #13-26 Water, Wastewater, and Reclaimed Water Rate Study
Mr. Kisela advised this RFP is to obtain a consultant to assist in collapsing the rates.
Motion was made to approve RFP #13-26 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Councilman Ford wants to have Council input on the rates. He doesn’t see how that will be included. He thinks Council needs to make the policy decisions before the consultant is hired. Mayor Green asked for some workshops. Mr. Kisela believes Staff included that information in the RFP through the public participation meetings. He said the language could be strengthened. Mr. Saunders said that is the intent. He had been involved with a few rate studies and that’s always the intent; bring the consultant in to meet with Council for their direction.
Vice Mayor Burnette confirmed that the RFP is not for policy decisions. Mr. Saunders agreed.
Councilman Bastian agrees and thinks the Public Utilities should also be included. Mr. Kisela said Public Utilities will be included.
Councilman Kennedy agrees.
Mr. Berman believes everyone should be charged the same for a gallon of water.
Mr. Noftall wants to see the existing rate structure. Mr. Kisela will provide. Mayor Green does not agree to delay the RFP.
Mr. Schaefer asked if the number of homes or businesses are being charged based on the classification. Mr. Kisela said he’s not sure if the billing system can pull that information. Mr. Saunders explained the 700+ rate combinations. There are not 700+ rates. There is no report that shows how many customers are being charged under each rate. Mr. Kisela said the rate table will be produced and if more information is needed, he can provide it. Mr. Kisela said Staff will strengthen the language as discussed.
PARKS & RECREATION (Susan Lovallo)
22. Resolution No. 13-35 - Camp T Rec Interlocal Agreement with Ormond Beach
Mayor Green read Resolution No. 13-35.
RESOLUTION NO. 13-35
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE CITY OF ORMOND BEACH PROVIDING FOR THE RECIPROCAL USE OF CERTAIN RECREATION FACILITIES OF THE RESPECTIVE CITIES, INCLUDING A JOINTLY-SPONSORED SUMMER THERAPEUTIC RECREATION PROGRAM FOR SPECIAL NEEDS CHILDREN WITH DISABILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE CITY OF PORT ORANGE’S SHARE OF THE PROGRAM COSTS; PROVIDING FOR A PAYMENT SCHEDULE; ESTABLISHING ADMINISTRATION AND PERSONNEL STAFFING ARRANGEMENTS; ADOPTING A RESIDENT FEE SCHEDULE; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Resolution No. 13-35 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Councilman Kennedy asked how long the program has been going on. Ms. Lovallo explained the new change. Daytona Beach has pulled out of the agreement. Councilman Kennedy asked how many children are included in the program. Ms. Lovallo said nine came out of Port Orange out of the 22 in the program.
Councilman Bastian asked why Daytona Beach pulled out. Ms. Lovallo said their budget.
Vice Mayor Burnette agrees with the program.
Councilman Ford is happy with the program.
Mr. Berman asked why the City does not have a program in Port Orange.
Ms. Lovallo explained that she does not have the proper staffing.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
23. City Attorney’s Report - Nothing to report.
ADMINISTRATION (Greg Kisela)
24. City Manager’s Report - Nothing to report.
25. Comments/Concerns from Council Members
Vice Mayor Burnette asked for an update on the dirt issue with Masci. Mr. Kisela advised that Masci has agreed to pay for the materials and the time saved by not taking it to the Wellfield. Vice Mayor Burnette asked about Azalea Pointe. Mr. Kisela said the lawn contractor changed and that portion was eliminated. Vice Mayor Burnette said Sonny’s is looking bad now.
Councilman Bastian stressed the consistency of the part-time benefits.
Councilman Kennedy doesn’t like the banners on the school fences.
Mayor Green said he got approached for use of the old Police Department as an incubator.
ADJOURNMENT: 8:52 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk