REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

AUGUST 6, 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

 

SPECIAL REPORTS, AWARDS, PROCLAMATIONS

 

4.    Presentation of the Paul S. Buchman City Attorney Award by Frank Gummey, Florida Municipal Attorneys Association

 

Frank Gummey present Margaret Roberts, City Attorney with the Paul S. Buchman City Attorney Award for her service to the profession.

 

BOARD REPORTS

 

5.    Environmental Advisory Board Quarterly Report

 

Suzanne Grubbs, Chair, provided the quarterly report for the Environmental Advisory Board. The Board recommends training to the employees to protect the trees around City Center Complex. Councilman Ford agrees that the trees are a valuable asset and agrees with the training. Vice Mayor Burnette thanked the Board for their service. Councilman Bastian agrees with Councilman Ford. Councilman Kennedy also agrees with the training program.

 

Mayor Green thanked Ms. Grubbs for her service.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Corey Berman, citizen, doesn’t agree with the individual meetings with the YMCA. Mr. Berman asked what the services are for with Joe Coury. Mayor Green asked the City Manager to provide a report regarding Mr. Coury’s services.

 

Mike Mellon, citizen, addressed Council regarding the parking areas being closed at Main St. and Riverside Drive. He suggested a resolution of moving the fence 15-20 feet towards the water to allow for parking. He requested Council reconsider the no parking in the area. Mayor Green recommended referring the issue to the Parks & Recreation Advisory Board.

 

Councilman Ford agrees with a re-evaluation. He does have issues with cars being too far back towards the river.

 

Council agrees with referring it back to the Parks Board.

 

Ted Noftall, citizen, addressed Council regarding the overpayments to the pension plans. He asked Council to give direction to Staff regarding the budget.

 

Tim Moore, citizen, addressed Council regarding the flooding at 217 Charles Street and the Daughtry Canal.  He asked for some maintenance on the canal at this area.  Mayor Green advised Council that he spoke to Mr. Moore regarding this issue. Councilman Ford would like a holistic review of the area. There are problems on both sides of Ridgewood.

 

CONSENT AGENDA

 

6.    Approval of Minutes

a.    July 13, 2013 – Budget Workshop

7.    Construction Activity Report

8.    Request from the Volusia T.P.O. to Obligate Matching Funds for the Design and Construction of Four Sidewalk Projects

9.    Ratification of FY 2012 Sick Leave Sell Back Program

10. Second Amendment to the Public Improvements Agreement for the Altamira & Dunlawton-Yorktowne Properties, Case No. 11-80000011

11. Florida Power and Light (FPL) License Agreement

 

Mayor Green asked that Item #10 be pulled from consent for further discussion.

Councilman Ford asked that Item #7 be pulled for further discussion.

 

Motion to approve Consent Agenda Items 6, 8, 9, and 11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

Item #7 - Councilman Ford asked for an update on the Reservoir Outfall. Mr. Kisela said there is no resolution yet. Councilman Ford asked for information regarding the traveling bridge. He asked if a Consulting Engineer can be contacted to get assurance that the design will work this time. Council agrees. Mr. Kisela said Staff can have a peer review performed.

 

Motion to accept the construction report was made by Councilman Ford, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #10 - Mr. Kisela advised that item #10 will be brought back with additional information on August 13, 2013.

 

Motion was made to table Item #10 until August 13, 2013 by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote. 

 

FINANCE (Wayne Saunders)

 

12. First Reading Ordinance No. 2013-11 – Finance Code Amendments

 

Mayor Green read Ordinance No. 2013-11.

 

ORDINANCE NO. 2013-11

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 74, OF THE CODE OF ORDINANCES TO REPEAL SECTIONS 74-34 AND 74-65 RELATED TO UTILITY BILLING, AND DELINQUENT ACCOUNTS; AMENDING SECTIONS 74-31, 74-33, 74-35, 74-78, 74-164, AND 74-193 RELATED TO UNTILTY BILLING, ADJUSTMENTS AND DELINQUENT ACCOUNTS; REPEALING AND REPLACING CHAPTER 2, SECTION 2-240 RELATED TO UTILITY AND MISCELLANEOUS SERVICES BILLING, ADJUSTMENTS, DELINQUENT ACCOUNTS, AND LIENS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to approve Ordinance No. 2013-11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Wayne Saunders, Finance Director, advised that this Ordinance is a clean-up Ordinance. Matt Jones, Assistant City Attorney, advised that there were conflicting ordinances found during litigation in 2012. This ordinance cleans up those conflicting ordinances and puts the Finance Code in one place in the Code of Ordinances.

 

Councilman Ford asked if there is a plan to go through all of the Codes to clean them up and make them more understandable. Mr. Kisela said yes.

 

Motion carried unanimously by roll call vote.

 

13. First Reading Ordinance No. 2013-12 – Finance Code Cleanup – Repealing Ordinance 1992-11 relating to transportation utility fees

 

Mayor Green read Ordinance No. 2013-12.

 

ORDINANCE NO. 2013-12

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 74, TO REPEAL ARTICLE IX RELATING TO TRANSPORTATION UTILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-12 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

 

Mr. Jones advised that this section needs to be repealed to comply with the Supreme Court Order from 1995.

 

Motion carried unanimously by roll call vote.

 

14. Resolution No. 13-39 – Finance Code Cleanup – Repealing Resolutions 89-43 and 95-20 relating to processing payments for utility services

 

Mayor Green read Resolution No. 13-39.

RESOLUTION NO. 13-39

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REPEALING RESOLUTIONS 89-43 AND 95-20 RELATING TO PROCEDURES FOR PROCESSING PAYMENTS FOR UTILITY SERVICES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-39 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Jones explained the requested changes regarding adjustments.

 

Vice Mayor Burnette wants Council to consider making the water bill easier to read.

 

Councilman Ford asked what plans there are for training regarding these changes. Mr. Kisela agrees that training is needed. He believes these changes are straight forward and can be done in-house. 

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

15. First Reading – Ordinance No. 2013-14 - 457 Retirement Contribution Cleanup

 

Mayor Green read Ordinance No. 2013-14.

 

Motion to approve Ordinance No. 2013-14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Kisela advised that this Ordinance resolves the issue allowing employees to contribute up to 6% with the City matching up to 3%.

 

Councilman Ford asked if the contribution can be made by employees in the Defined Benefit plans. Mr. Kisela said no, only those employees in the Defined Contribution plans.

 

Mr. Noftall asked for clarification on the employee contribution allowed versus the City’s contribution. Mr. Kisela advised that the employee can contribute up to 6% and the City will match it up to 3%. Shannon Lewis, Assistant City Manager/Acting Human Resources provided clarification of the different retirement plans.

 

Motion carried unanimously by roll call vote.

 

16. City Attorney’s Report

 

Ms. Roberts requested authorization to seek Court relief to have animals removed from Carla Avery at the home of 1204 Sparton Lane for lack of care of the animals.

 

Councilman Kennedy asked how many animals are in the home. Ms. Roberts said three dogs. The issue is care of the dogs not the number of animals.

 

Councilman Bastian supports the request.

 

Mayor Green agrees.

 

Vice Mayor Burnette asked if there are any other code violations on the property. Ms. Roberts will find out.

 

Motion to approve the request to seek Court relief to have animals removed from Carla Avery was made by Vice Mayor Burnette, and Seconded by Councilman BastianMotion carried unanimously by voice vote.

 

Ms. Roberts asked for approval of an amended Site Improvement Agreement to include the construction of a public sidewalk along Samms Avenue.

 

Motion to approve the amended Site Improvement Agreement was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Mr. Noftall asked about the arrest of a citizen for child neglect.

 

Ms. Roberts provided information regarding the case. A claim was filed and the insurance company settled the case for $50,000 to resolve the claim. Mr. Noftall asked how far up the chain of command this arrest went through. It was unknown. Mr. Noftall believes the arrest was a bad arrest. He asked for an update on the payroll fraud investigation. Ms. Roberts cannot speak to the case as it is an active investigation with the State Attorney’s Office. She is unaware of the status of their report and is unsure if the Port Orange Police Department has investigated.

 

ADMINISTRATION (Greg Kisela)

 

17. 7-year Audit Comments

 

Mr. Kisela advised Council that the spreadsheet provides details of the audit comments and the year(s) the comments were made by the auditor.

 

Councilman Ford is looking for a handle to see where things are with the Finance Department. He doesn’t feel good about what is happening in Finance. He didn’t find the spreadsheet helpful.

 

Mayor Green asked for more details of the information. Mr. Kisela said Staff can go back and see that the old issues have been addressed.

 

Vice Mayor Burnette sees this tool as a first step with future audits.

 

Councilman Bastian is concerned with theft of City assets in 2011 and 2012 and the rate table issues. He doesn’t understand why the rate table issue wasn’t reported by the auditor prior to 2012.

 

Councilman Kennedy agrees it can be a building block for Staff and Council.

 

Councilman Ford is interested in finding solutions. He feels a sense of resistance from Staff. He expected CRI to be more open and communicative with Council. He wants to know if there is sufficient staff, sufficient training, etc. He doesn’t have a good feel of what went wrong with Finance and how to fix it.

 

Mr. Berman asked Council why the Audit & Budget Advisory Board information and recommendations are not being brought to Council. Mr. Kisela advised Council that there have only been two meetings held and there have been no motions or recommendations. Mr. Berman suggested a Council Member attend the Audit & Budget Advisory Board meetings.   

 

Mr. Noftall agreed with Mr. Kisela that the Audit & Budget Advisory Board has not made any motions or recommendations to be brought to Council. He asked who provided the agenda item. Mr. Kisela said Wayne Saunders gathered the audit comments from the CAFR’s.  Discussion was held regarding the spreadsheet provided.

 

18. City Manager’s Report

 

Mr. Kisela provided details of the budget cuts in the general fund as requested by Council to retain the roll back rate.

 

Councilman Ford wants to review the proposed budget. He doesn’t agree with “nickel and diming” departments and funds. He doesn’t want to cut mowing expenses and services.

 

COUNCIL COMMENTS

 

19. Comments/Concerns from Council Members

 

Councilman Ford asked who is responsible for mowing Willow Run Blvd. Ms. Roberts advised the contractor has canceled their contract with the City. Councilman Ford advised that he met with the YMCA to gather facts and information regarding their status. He asked for a five-year review of the Port Orange YMCA’s finances. Mr. Kisela will provide it.

 

Vice Mayor Burnette asked about the Herbert Street sidewalks. Ms. Roberts advised the contracts are in the City Attorney’s office and are currently being finalized.

 

Councilman Bastian reminded citizen’s that school starts soon. 

 

Councilman Kennedy asked about his concern regarding the banners on school fences. Mr. Kisela said Staff is providing a report.  

 

Mayor Green said there is a group working for veteran’s looking for a small warehouse to store furniture.  

 

ADJOURNMENT: 8:01 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk