REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JULY 23, 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
SPECIAL REPORTS, AWARDS, PROCLAMATIONS
4. Police Recognition Awards
Jerry Monahan, Director of Public Safety, and Wayne Miller, Assistant Police Chief, presented three Awards of Merit, two Awards of Achievement, and one Citizen Commendation.
Mayor Green thanked the police department for their service.
5. Report from Kemper Sports Management regarding Cypress Head Golf Course
Ricardo Catarino, Regional Director, and Mike Collins, General Manager, provided details from the written golf reports.
Councilman Ford advised Council that payments to the loan fund will be suspended for July, August, and September.
Vice Mayor Burnette wants to look at the long term goals. He is concerned with the expenses being higher while the revenue is done. Mr. Catarino advised that there was an expense for cart lease payments this year that were not included last year.
Councilman Bastian is still concerned with long term sustainability.
Councilman Kennedy wants to keep the bottom line in the black.
Ted Noftall, citizen, is concerned with the golf course’s revenue vs. expenses. He suggested Council re-opening the contract with KemperSports to discuss the food and beverage separation.
Mr. Catarino is open to discuss options with the City.
Corey Berman, citizen, has an interest in acquiring the food and beverage services.
6. Ken Hooper – Water Report
Ken Hooper, Project Manager, provided details from the written water report. As of July 19, 2013, the warranty work has been completed by Sensus.
Mayor Green thanked Mr. Hooper for his efforts.
Councilman Kennedy agrees and thanked Mr. Hooper for his work. He asked if there are enough towers on the East side of town. Mr. Hooper said yes, there are enough. The West side is growing and needs more coverage.
Councilman Bastian also thanked Mr. Hooper.
Vice Mayor Burnette is happy with the progress made. Vice Mayor Burnette asked if Staff was competent in set up and programming. Mr. Hooper said the Staff is very capable but work load may not provide the time. Vice Mayor Burnette is concerned with control if the meter replacement is contracted out.
Councilman Ford believes the water issue was a failure of equipment and leadership. He would like to task Mr. Kisela with building leadership in Public Utilities. He wants someone to run water metering operation with the proper qualifications to run a complex operation. He is not happy with continuing with Sensus. He believes a lot of questions were raised with the water report.
Mayor Green spoke with Mr. Kisela about the right personnel in the right place.
Mr. Noftall asked about the calculations of the added meters and the added revenue. Mr. Hooper advised that not all of the 4000 replaced meters were not zero reads. Mr. Kisela advised that the revenue streams have been tracked. There has been a small uptick.
Mark Schaefer, citizen, addressed Council regarding the report and the reclaim meters. Mr. Kisela said Staff is researching the issues regarding the reclaim water meters.
CITIZEN PARTICIPATION (Agenda)
7. Sunset Cove HOA – Susan O’Hanlon
Susan O’Hanlon, Sunset Cove resident, discussed the traffic concerns in Sunset Cove. She requested City Council to develop a Traffic Calming Program for the city of Port Orange in order for residents to obtain a permanent solution to traffic and speeding on residential streets. She also requested the City consider allowing the subdivision to place raised crosswalks on their streets.
Chief Monahan advised that the speed study was done for two months. Staff moves from neighborhood to neighborhood enforcing speeds and traffic control.
Mr. Kisela advised Council there will be an expense for the traffic calming devices in all of the neighborhoods.
Councilman Ford would like Community Development to provide information on pricing of calming devices.
Vice Mayor Burnette suggested using Sunset Cove as a pilot program.
Councilman Bastian agrees to consider the pricing and a pilot program.
Councilman Kennedy suggested following the City of Daytona Beach’s lead on traffic circles, 4-way stops, and other traffic calming devices in the neighborhoods.
Mr. Kisela said Staff will bring back further information and options.
8. Volunteers at the golf course – Lance Green
Lance Green, citizen, discussed having volunteers work at the golf course. KemperSports has advised him that labor laws prevent volunteers from helping for a for-profit company. Mr. Kisela advised that this was discussed at the Golf Board meeting. Matt Jones, Assistant City Attorney, will research options. Councilman Ford agrees with allowing volunteers.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Mr. Berman addressed Council regarding Lafayette Street which was cleaned but is a mess again. He would like to eliminate personnel who are not doing their jobs. He asked why private meetings were held with Buddy LaCour.
Mr. Noftall addressed Council regarding the IT Director’s resignation. He doesn’t believe the CRI audit reviews were devoid of information. He believes the reports should have included information on the competence of the staff.
9. Approval of Minutes
a. May 4, 2013 – Budget Workshop
b. June 11, 2013 – Joint Special Meeting with Town Center CRA
c. June 18, 2013 – Regular City Council Meeting
10. Project Manager’s Report
11. Crime Report
12. Award of Bid #13-23 – Herbert Street Sidewalk (Golden Gate Circle to Nova Road)
13. Approval to use sole source supplier ETR, LLC for major repair on Fire Ladder Truck #1491 to replace ladder assembly and swivel
14. Site Improvement Agreement for the O’Reilly Auto Parts Store Site Plan, 3720 Nova Road, Case no. 13-80000002
15. Deed of Dedication of a Portion of Samms Avenue for the O’Reilly Auto Parts Store Site Plan, 3720 Nova Rd, Case No. 13-80000002
16. Change Order No. 2 to Standard Contract for Services with Diamond Quest Corporation
17. Agreement between Quentin L. Hampton Associates, Inc. and the City of Port Orange for contract design, and construction phase assistance for Spruce Creek Ball Field renovations
Councilman Bastian requested that Consent Agenda Items #13 and 17 be pulled for further discussion.
Vice Mayor Burnette requested that Item #12 be pulled for further discussion.
Motion to approve Consent Agenda Items #9-11 and 14-16 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #12 - Vice Mayor Burnette is not happy that this project has taken so long. It was supposed to be started and completed before this school year.
Motion to approve Consent Agenda Item #12 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #13 - Councilman Bastian asked why the ladder truck is getting fixed if it will be replaced in 2015. Mr. Kisela advised that the replacement will be extended by two (2) years. Councilman Bastian isn’t sure the maintenance costs will justify the expense.
Motion to approve Consent Agenda Item #13 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette.
Mr. Schaefer is concerned with inflation by extending the replacement by two years. Mr. Kisela believes Staff can get another four (4) years out of the equipment.
Motion carried unanimously by voice vote.
Motion to approve Consent Agenda Item #17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Kisela advised that this item is the recommendation from the Council’s request for a ballpark to be ready for the January/February 2014 season.
Susan Lovallo, Parks & Recreation Director, advised that this addendum to the QLH Contract.
Councilman Bastian asked if QLH has done other ball field work. Ms. Lovallo said yes. QLH did the Coraci fields and have done work on the City Center fields.
Councilman Ford doesn’t agree with a contract without bidding but he understands the need for speed. He wants Council to review how the contracts are being done. He would like an expert in building ball fields. He is also concerned with the pricing provided. Ms. Lovallo advised that the baseball club will be providing some funding for one of the fields.
Brad Blais, Quentin L. Hampton, explained the cost breakdown. The design incorporates both fields. The costs are pursuant to the existing contract with the City and QLH.
Vice Mayor Burnette wants to see this ball field built immediately so that Port Orange children can be served.
Councilman Bastian agrees with Vice Mayor Burnette. It’s only going to cost more the longer it takes to build.
Councilman Kennedy agrees with the need. He asked if there will be a loss of ability to provide services to the younger kids. Ms. Lovallo does not believe so. They will put up fences for the smaller kids.
Vice Mayor Burnette would like to see warm up facilities at the fields. Mr. Kisela explained the costs involved in that. Those costs were not included in the scope. Ms. Lovallo said it is also a space issue at the All Children’s Park fields.
Mr. Berman suggested ball fields at Riverwalk or Eastport.
Mr. Noftall asked for a breakout of the $135,000 costs. Mr. Kisela advised that the $135,000 is being done by the baseball club. Ms. Lovallo advised that the $135,000 was the first design. Mr. Kisela the plan will be ready when the baseball club is ready and has the money raised.
Motion carried 4-1 by roll call vote with Mayor Green voting no.
FINANCE (Wayne Saunders)
18. Audit Recommendations Update
Wayne Saunders, Finance Director, provided the status of the audit recommendations that have been addressed.
Councilman Ford is pleased with the progress. He wants to see written policies provided soon.
Vice Mayor Burnette asked how these items will be reviewed in six to nine months. Mr. Saunders advised that the forensic and external auditors will be back to review. Mr. Kisela has asked the auditors to not assume the corrections have been made but to actually verify.
Councilman Bastian thanked Mr. Saunders for the update and asked that he continue with the updates.
Councilman Kennedy agrees.
Mayor Green said training and accountability is needed for all employees.
Mr. Noftall asked when the spreadsheet from prior years’ audits would be provided. Mr. Kisela said it should be available at the next City Council meeting. Mr. Noftall asked who will be holding finance staff accountable for implementing the changes and those changes continuing in the future. Mr. Kisela advised that the results will be shared with the Council and then the auditors will come back to verify that everything has been accomplished. The annual audits will verify that the charges are continuing in the future.
19. Finance Report
Mr. Saunders provided the financial report for the month of June.
20. Resolution No. 13-36 – Budget Appropriations
Mayor Green read Resolution No. 13-36.
RESOLUTION NO. 13-36
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 adopt Resolution No. 13-36 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
21. FY2014 Budget – Millage Rate and Public Hearing motions
Mr. Saunders advised that the 4.6991 mills is the roll back rate.
Mayor Green reminded Council of their wish list and the effect of not holding at roll back.
Motion made to establish the proposed millage rate at 4.6991 mills. The proposed millage rate is at the roll back rate.
Motion to establish the 2006 General obligation bond at 0.491 mills.
Motion to set the public hearings for the tentative millage rate and the tentative budget on Tuesday, September 3, 2013 and the final millage rate and final budget on Tuesday, September 17, 2013, both at 6:30 p.m. in the City Council Chambers located at Port Orange City hall.
Above motions made by Councilman Ford and Seconded by Vice Mayor Burnette.
Councilman Ford asked when the reduced budget will be provided. Mr. Saunders said it will be provided within a week or so.
Vice Mayor Burnette believes another year needs to pass before an increase in taxes. Mr. Kisela advised that a third of the reductions came from reducing the 457 payments and the sick leave cash out program, as well as department reductions. There was nothing significant. Vice Mayor Burnette wants extra reserves over 15% designated to projects or items needed in the City or a change in the policy to have more than 15% in reserves.
Councilman Bastian doesn’t want to see an increase this year. He wanted to hold at roll back. The reserves amount was discussed. Mr. Kisela advised that some of the reserves have been set aside for projects. Mr. Kisela doesn’t believe there are enough unrestricted reserves.
Councilman Kennedy asked if the raises for all employees are still included. Mr. Kisela said yes. He’d like to see if Staff can go lower. He wants Staff taken care of and wants to see if expenses can still be lowered more.
Mayor Green said this budget includes one-time money being used; however, Council wants more police on the streets, ball fields, etc. He cautioned Council on cutting more but still wanting to add services and facilities.
Mr. Noftall asked what police department budget is being cut. He asked for the cash balance and the percentage of reserves. He doesn’t agree with vacation and sick leave payouts.
Mr. Schaefer asked about the accounts to be sunset. Mr. Kisela said they will be handled with the 2015 budget. The money in those accounts will be transferred to the un-appropriated fund balance.
Mr. Saunders advised the reserve numbers were all included in the budget document. The sick leave buyback is included for the contract employees.
Motion carried 4-1by roll call vote, with Mayor Green voting no.
22. Resolution No. 13-31 – CIP approval
Mayor Green read Resolution No. 13-31.
RESOLUTION NO. 13-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING A SIX YEAR CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF PORT ORANGE FOR FY 2013-2014 THROUGH FY 2018-2019; AND PROVIDING AN EFFECTIVE
Motion to adopt Resolution No. 13-31 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Mr. Saunders provided details of the changes to the CIP since the May budget workshop. There was a $1.6 million reduction.
Councilman Bastian suggested research on the Victory line of motorcycles for the police department. Mr. Saunders advised that the new Fleet Manager is researching several changes.
Vice Mayor Burnette asked about fleet maintenance and the vehicles that are not used often. Mr. Kisela said Staff is looking into better justification on that expenditure. Vice Mayor Burnette asked about the $96,000 on a phone system. Mr. Kisela said it is an estimate. It has not been bid yet. Further discussion was held regarding specific line items Vice Mayor Burnette had questions about.
Councilman Ford asked about the phone system comment. Stella Gurnee, Comptroller, provided details regarding the phone system standards for credit card payments. Councilman Ford asked that the Chamber Building purchase be removed. Mr. Saunders advised that removing that will not affect what Council would be approving the FY2014 budget but it can certainly be done.
Motion to remove funding for the purchase of the Chamber building was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.
Mr. Schaefer is confused by the PCI compliance discussion with taking credit card payments. He asked what the costs are for HTE and the merchant fees. Ms. Gurnee will provide those costs.
Mr. Noftall is concerned with the HTE system. It is too old. Ms. Gurnee advised that the project has nothing to do with the HTE system. It is with the City’s systems.
Councilman Ford doesn’t believe Council is ready to move forward with the $250,000 for the Westside Sports Complex. He asked if it should be moved to FY2015. Mr. Kisela said those funds were for planning of the complex. Consensus was to leave the item.
Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
23. First Reading Ordinance No. 2013-10 – LDC Text Amendment/Chapter 17 – Planned Unit Development (PUD) and Planned Commercial Development (PCD) Regulations Case no. 13-25000002
Mayor Green read Ordinance No. 2013-10.
ORDINANCE NO. 2013-10
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 17, SECTION 17, PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, PROVIDING FOR PERMITTED USES, AND ALL OTHER REQUIREMENTS FOR THE (PUD) ZONING DISTRICT; AMENDING CHAPTER 17, SECTION 18, PLANNED COMMERCIAL DEVELOPMENT (PCD) DISTRICT PROVIDING FOR ALL REQUIREMENTS FOR THE (PCD) ZONING DISTRICT; AND AMENDING CHAPTER 17, SECTION 27, PROVIDING FOR THE SCHEDULE OF DIMENSIONAL REQUIREMENTS FOR THE PUD AND PCD ZONING DISTRICTS; PROVIDING FOR CONFLECTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-10 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Tim Burman, Principal Planner, provided details of the amendments.
Councilman Ford requested that the item be tabled for more review time.
Motion was made by Councilman Ford, and Seconded by Vice Mayor Burnette to continue this item until August 20, 2013. Motion carried unanimously by roll call vote.
24. Resolution No. 13-30 – Building Permit Fee Resolution Amendment
Mayor Green read Resolution No. 13-30.
RESOLUTION NO. 13-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING REVISED BUILDING PERMIT AND BUILDING PERMIT RELATED FEES; ESTABLISHING MINIMUM AND MAXIMUM FEES; ESTABLISHING PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS; ESTABLISHING FEES FOR ELECTRICAL WORK; ESTABLISHING FEES FOR GAS WORK; ESTABLISHING FEESFOR MECHANICAL WORK; ESTABLISHING FEES FOR PLUMBING WORK; MISCELLANEOUS PERMITS AND SERVICES, ESTABLISHING FEES FOR UNSPECIFIED WORK; ESTABLISHING EARLY START FEES FOR WORK UNDERTAKEN PRIOR TO ISSUANCE OF A BUILDING PERMIT; ESTABLISHING APPLICATION FEES; ESTABLISHING TEMPORARY USE PERMIT FEES; ESTABLISHING PLAN RESUBMITTEL REVIEW FEES; ESTABLISHING PLAN REVIEW FEES; ESTABLISHING PLAN MODIFICATION FEES; ESTABLISHING MASTER FILE-RELATED FEES; ESTABLISHING FEES FOR NON-ROUTINE INSPECTIONS; ESTABLISHING FEES FOR CLOSEOUT OF EXPIRED PERMITS; ESTABLISHING PERMIT RENEWAL FEES; ESTABLISHING PERMIT REPLACEMENT FEES; ESTABLISHING PERMIT FEE REFUND SCHEDULE; ESTABLISHING FEES FOR FIRE DEPARTMENT; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-30 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Mr. Kisela advised that the change is from Council’s direction (page 3 language was strengthen). Councilman Ford is pleased with the changes.
Motion carried unanimously by roll call vote.
25. Resolution No. 13-38 – Proposed Utility and Drainage Easement Vacation – Lot 81, Skylake Phase I Subdivision
Mayor Green read Resolution No. 13-38.
Motion to adopt Resolution No. 13-38 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
26. Historic Tree Removal Request – 1031 Dunlawton Avenue, Proposed Wawa Gas Station
Margaret Momberger, Planner, provided details of the request to remove an historic tree for the proposed Wawa Gas Station as approved by the Environmental Advisory Board.
Mayor Green believes the City has always tried to protect trees.
Councilman Kennedy would like to require the trees be replaced rather than allowing the tree bank contribution.
Councilman Bastian wants to make sure the trees are re-planted properly.
Vice Mayor Burnette thanked the EAB members for reviewing this request. He prefers to see the trees replanted rather than the tree bank contribution.
Councilman Ford thinks the City has done a great job in preserving trees.
Mr. Berman doesn’t agree with this request.
Jonathan Martin, Kimley Horn & Associates, advised Council that their request is for a hybrid approach. They would like to plant as many trees as possible on the site but due to size restraints, they are requesting permission to work with City Staff and contribute money to the tree bank for those trees not planted due to the size restraints of the lot. Mr. Kisela suggested they plant those trees that don’t fit on this site on other City owned properties as Staff deems appropriate.
Motion to approve the tree removal as discussed was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
CITY ATTORNEY (Margaret Roberts)
27. City Attorney’s Comments
Ms. Roberts had nothing further.
ADMINISTRATION (Greg Kisela)
28. Resolution No. 13-37 – Palmer College Revenue Bond Amendments
Peter Dame, Attorney with Akerman Senterfitt, provided details of the item.
Mayor Green read Resolution No. 13-37.
A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING AMENDMENTS TO THE TAX EXEMPT REVENUE NOTE, SERIES 2010 PREVIOUSLY ISSUED BY THE CITY; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO SUCH NOTE; PROVIDING CERTAIN OTHER DETAILS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-37 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
29. City Manager’s Comments
Mr. Kisela had nothing further.
a. City Investment Committee – Councilman Kennedy reported there was no meeting held since the last report.
b. Transportation Planning Organization (TPO) – Councilman Ford reported that no meeting held since the last report.
c. Library Advisory – Councilman Bastian reported that Port Orange Library is second place in rentals.
d. Municipal Firefighters Pension Board – Councilman Ford had no report.
e. Municipal Police Officers Retirement Trust – Councilman Kennedy reported that no meeting held since the last report.
f. General Employees Retirement Trust - Councilman Bastian reported that the fund is about 12% on return and $26 million in assets.
g. YMCA – The report was provided by Mr. Saunders with the Finance Report.
h. Volusia Council of Governments (VCOG) – Mayor Green reported their funding issues are a concern.
i. Volusia League of Cities – Nothing to report. Thursday night is the next dinner in Orange City.
j. ArtHaus – Vice Mayor Burnette reminded that the summer art programs are underway.
k. Port Orange/South Daytona Chamber of Commerce - Vice Mayor Burnette advised Morning Mix & Mingle on Friday, August 2 at Blake Thomas State Farm and July 31, 2013 is the legislative breakfast at 8:00 a.m.
l. Golf Course Board of Directors – The golf report was provided by Mr. Saunders with the Finance Report. Councilman Ford advised of the Special Workshop regarding EZ Links.
m. Youth Advisory Board – Councilman Bastian reported the next meeting is in September.
n. Communications Interlocal Agency (CIA) – Mayor Green advised the RCC is still working on closing down.
ADJOURNMENT: 10:10 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk