REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
AUGUST 27, 2013
THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 6:38 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. Local Business Spotlight
Debbie Connors, Port Orange/South Daytona Chamber of Commerce, introduced Ilene Gaines with Advanced Fire Extinguishers and Safety Equipment. Ms. Gaines provided details of her business.
Council Members thanked Ms. Gaines for doing business in Port Orange.
5. Report from Kemper Sports Management regarding Cypress Head Golf Course
Mike Collins, General Manager, provided details of the golf course report. The summer has been extremely wet and revenues are done. The golf course was voted best around for 2013.
Councilman Ford advised Council of the analysis of the funds needed to improve the aging clubhouse and improve the greens.
Vice Mayor Burnette wants to support the Daytona CVB regarding the new Daytona golf initiative. He is concerned with debt service. He is happy with the progress with food and beverage.
Councilman Bastian is concerned with the costs to renovate the course.
Councilman Kennedy is also concerned about the costs for renovations.
Mayor Green asked Ricardo Catarino, Regional Operations Director, provided details of other course improvements. Mr. Kisela can provide a list of the improvements.
6. Audit & Budget Advisory Board Report
Ted Noftall, Chairman, advised Council that the Board has not discussed any recommendations to bring to Council. He asked Council to invite other members to speak.
Jack Wiles, Board Member, believes there are well qualified Staff members. He recognizes there were issues in the past but he is looking forward and wants to identify ways to move forward.
Sonya Laney, Board Member, provided her written notes regarding the Board and requested direction from Council that the Board can work on.
Mark Schaffer, Board Member, agrees with looking forward rather than looking back. The Board listened to both auditors and discussed internal control issues.
Council thanked the Board for their service. Councilman Ford will be referring several issues to the Board.
BOARD APPOINTMENTS AND INTERVIEWS
7. Youth Advisory Board
Vice Mayor Burnette advised that he has a conflict with the appointment of his son, Patrick Burnette to the Youth Advisory Board. He will abstain from voting.
Motion to appoint Patrick Burnette to the Youth was made by Councilman Ford, and Seconded by Councilman Bastian.
Patrick Burnette introduced himself to Council.
Motion carried unanimously by voice vote.
Motion to appoint Katarina Figueroa to the Youth was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.
Katarina Figueroa introduced herself to Council.
Motion carried unanimously by voice vote.
8. Planning Commission
Vice Mayor Burnette asked to hear from all three applicants before a motion is made.
Todd Traster introduced himself to Council and provided his background and qualifications.
Dick Smith introduced himself to Council and provided his background and qualifications.
Richard Barker introduced himself to Council and provided his background and qualifications. He has served on the Planning Commission for 10 years. He would like to continue to serve.
Motion to appoint Todd Traster to the Planning Commission was made by Councilman Ford, and Seconded by Councilman Bastian. Motion failed on 2-3 vote. Councilman Kennedy, Vice Mayor Burnette, and Mayor Green voted no.
Motion to appoint Dick Smith to the Planning Commission was made by Vice Mayor Burnette. There was no second.
Motion to re-appoint Richard Barker was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion failed on 2-3 vote. Councilman Ford, Councilman Bastian, and Vice Mayor Burnette voted no.
Mayor Green believes it would be easier to pick their top two choices. He asked each Council Member for their top two picks for the appointment:
Councilman Ford only picked one: Todd Traster
Vice Mayor Burnette chose Dick Smith and Todd Traster
Councilman Bastian only picked one: Todd Traster
Councilman Kennedy and Mayor Green chose Dick Smith and Richard Barker
Robin Fenwick, City Clerk, announced the results:
Todd Traster – 3 votes
Dick Smith – 3 votes
Richard Barker – 2 votes
Votes were taken by roll call for Dick Smith:
Councilman Ford – no
Councilman Bastian – no
Councilman Kennedy – yes
Vice Mayor Burnette – yes
Mayor Green – yes
Dick Smith was appointed to the Planning Commission by 3-2 vote.
9. Parks & Recreation Advisory Board
Motion to appoint Michael Collins to the Parks & Recreation Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Michael Collins introduced himself to Council and advised why he has an interest in serving on the Parks Board.
Motion carried unanimously by roll call vote.
10. Youth Baseball Tournament - Steven Staudt
Steven Staudt, Citizen, requested Council waive the fees for a tournament at Coraci Sports Complex to raise money for the cancer society.
Vice Mayor Burnette asked what the actual costs are for Staff and the facility.
Councilman Bastian would like to waive the fees.
Councilman Kennedy explained that other requests have been denied because Council can’t pick and choose which ones to approve and which ones to deny. He pledged $100. Councilman Ford also pledged $100, as did Mayor Green.
Corey Berman pledged $600.
Vice Mayor Burnette suggested obtaining donations and absorb the remaining fees and work as a sponsor.
Mayor Green suggested the City collect the donations for the $1,800 costs for the field. Vice Mayor Burnette asked Mr. Staudt to provide a report when the tournament is over.
11. Richard Caton - Port Orange’s 1962 Land Annexation
Mayor Green advised that he has known Richard Caton for several years. Mr. Caton was an intregal part of the City’s history. Mr. Caton provided a historical presentation regarding Port Orange’s 1962 land annexation.
Mayor Green asked to move the YMCA up on the agenda. Item #23, Port Orange YMCA Expansion was discussed at this time.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Mark Schafer addressed Council regarding time clocks for exempt employees.
Corey Berman addressed Council regarding banana peels at Dunlawton, the run off at the church on Dunlawton, and the median.
Mr. Noftall asked what the audit issue is that the City Manager met with Council Members about. He asked about the grant applications that have not gone through Council pursuant to policy. Margaret Roberts, City Attorney, will provide the analysis as soon as possible. Mr. Noftall is concerned that the grant may not be legitimate as he reads it. Mayor Green said Staff is working on it.
12. Approval of Minutes
a. July 16, 2013 – Regular City Council Meeting
13. Project Manager’s Report
14. Addendum No. 94 to the 1980 contract with Quentin L. Hampton Associates, Inc. for Preparation of the Reclaimed Water Plant FDEP Operating Permit Renewal Application
15. Request to Apply for the United States Fire Administration Assistance to Firefighter Grants Program-for Staffing for Adequate Fire and Emergency Response (SAFER) Grant
Mayor Green pulled Item #15 for further discussion.
Councilman Ford pulled item #14 for further discussion.
Motion to approve Consent Agenda Items #12 and 13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Councilman Ford asked if there is someone in house to fill out yearly reports. Mr. Kisela said there is analysis to be done. It’s not just filling out reports.
Motion to approve Consent Agenda Item #14 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
Mayor Green asked how this will help with overtime. Mr. Kisela advised that the grant is different than previous years. Additional resources are paid for by the grant for years one and two and there is no requirement to keep the employees for year three. Chris Weir, Fire Marshall, provided details of the added staff.
Councilman Ford asked Mr. Kisela to choice a Fire Chief with expertise in scheduling. He believes the SAFER Grant will save substantial overtime expenses.
Vice Mayor Burnette supports the grant.
Councilman Bastian also supports the grant and believes overtime expenses will decrease.
Councilman Kennedy is glad to see the changes in the grant requirements.
Margaret Roberts, City Attorney, advised that there is an Administrative Policy that says grants are considered by resolution. She can bring a resolution to Council in September.
Motion to approve as presented was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette.
Mr. Schafer requested a monthly report from the Fire Department regarding overtime expenses. He would also request biometric time clocks.
Motion carried unanimously by roll call vote.
FINANCE (Wayne Saunders)
16. Resolution No. 13-40 – Budget Appropriations
Mayor Green read Resolution no. 13-40.
RESOLUTION NO. 13-40
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 approve Resolution No. 13-40 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Wayne Saunders, Finance Director, provided details of the budget resolutions.
Councilman Ford would like more information provided on the items being expended. Mr. Saunders said information can be provided.
Motion carried unanimously by roll call vote.
17. Resolution No. 13-41 – Amending Resolution 09-42 – Utility Rate Tables
Mayor Green read Resolution no. 13-41.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING THE PURPOSE FOR REVISED UTILITY SERVICE FEES, RATES AND CHARGES; ESTABLISHING REVISED APPLICATION REQUIREMENTS FOR SERVICE; ESTABLISHING DEPOSITS FOR UTILITY SERVICE; PROVIDING FOR PORTABLE WATER METERS; ESTABLISHING ACCOUNT SERVICE CHARGES; ESTABLISHING EXTRAORDINARY SERVICE CALL CHARGES; ESTABLISHING METER TEST CHARGES; ESTABLISHING SWIMMING POOL SERVICE CHARGES; ESTABLISHING DEVELOPMENT FEE SCHEDULE FOR WATER AND SEWER SERVICE; ESTABLISHING CONNECTION CHARGES FOR WATER SERVICE; ESTABLISHING CONNECTION CHARGES FOR SEWER SERVICE, ESTABLISHING SCHEDULE OF MONTHLY WATER CHARGES; ESTABLISHING SCHEDULE OF MONTHLY SEWER CHARGES; PROVIDING FOR MINIMUM BILLING FOR PARTIAL MONTHLY SERVICE; ESTABLISHING AN ENERGY USAGE CHARGE FOR WATER, SEWER, AND RECLAIMED WATER SERVICES; PROVIDING FOR VOLUNTARY SUSPENSION OF SERVICE AND MINIMUM CHARGES TO VACANT DEVELOPED PROPERTIES; ESTABLISHING CHARGES AND RATES FOR RECLAIMED WATER SYSTEM; ESTABLISHING BACKFLOW INSPECTION/TESTING CHARGE; ESTABLISHING PRESSURE MAIN TAPPING CHARGES; ESTABLISHING FIRE HYDRANT RENTAL CHARGES; ESTABLISHING FIRE SPRINKLER SYSTEM CHARGES; PROVIDING FOR RATE REVIEW; SUPERSEDING PRIOR RESOLUTIONS AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-41 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Saunders provided details of the need for the resolution. There was a gap detected during the forensic audit. This Resolution corrects that gap.
Motion carried unanimously by roll call vote.
18. Audit Recommendations Update
Mr. Kisela advised the spreadsheet provided shows the work being done in Finance to address the audit comments. The Audit & Budget Advisory Board will review the information at their next meeting.
Councilman Ford asked how the Audit & Budget Advisory Board can verify the items have been completed. Mr. Kisela advised that the auditors will be coming back to confirm the items are complete.
Vice Mayor Burnette agrees there needs to be numerous checks and balances.
Councilman Bastian agrees and believes the Board and auditors verifying the items have been completed will make him feel more comfortable.
Mr. Saunders advised that he will also be providing a schedule for reviewing each of the items to ensure Finance is continuing to do what they say they are doing.
Mr. Noftall asked if the report will include details on who is handling each item. Mr. Saunders advised that Finance is working on job descriptions and proceeds for each position to meet the segregation of duties requirement.
Mr. White is concerned that item #55 regarding payment of the contracts have not been paid.
19. Monthly Financial Report
Mr. Saunders provided details of the monthly financial report.
Council Members are happy with the financial status.
Mr. Schafer asked if Daytona Beach Shores is switching services to Daytona Beach. Mr. Kisela said he has heard the same rumor but hasn’t heard for sure yet. The contract calls for a year’s notice if they decide to disconnect.
Mr. Noftall asked if the surplus is being carried forward. Mr. Kisela said no, it is not.
Motion to accept the financial report was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
POLICE DEPARTMENT (Jerry Monahan)
20. First Reading – Ordinance No. 2013-13 – Noise Ordinance Amendment
Mayor Green read Ordinance No. 2013-13.
ORDINANCE NO. 2013-13
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE IV, RELATING TO NOISE REGULATIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Matt Jones, Assistant City Attorney/Police Advisor, provided details of the ordinance clean up. The changes are necessary to prosecute violations.
Vice Mayor Burnette asked who is being punished and why. Mr. Jones advised that it helps with enforcement. The person in control of what is making the noise will be cited. The officers do not have to track down the owner. Vice Mayor Burnette is concerned with selective enforcement. Jerry Monahan, Public Safety Director, said the Police Department mostly responds to citizen complaints.
Councilman Bastian asked how the measurements are taken. Mr. Jones provided details of the measurements.
Frank Scott, citizen, applauded Council and Police for neighborhood peace. He wants to see that the code enforced accurately. He said businesses are trying to work with the Police to comply.
Mr. White asked if the City is exempt on this Ordinance. Mr. Jones said there may be something in the special event ordinance.
Mr. Schafer asked if tests could be done to determine noise readings. Chief Monahan advised that the sound levels are not changing. There is no need to test the levels.
Motion carried 4-1 by roll call vote with Vice Mayor Burnette voting no.
CITY ATTORNEY (Margaret Roberts)
21. Altamira update
Attorney Roberts advised Council that the City of Port Orange is now the owner of Yorktowne Extension Road. It will be opening on Wednesday, August 28, 2013.
22. City Attorney’s Comments
Ms. Roberts had nothing further to report.
ADMINISTRATION (Greg Kisela)
23. Port Orange YMCA Expansion
Corey Berman, citizen, asked for details on the meetings held with Council and the YMCA representatives.
Mayor Green advised Mr. Berman that he and Council are legally allowed to meet with developers one on one. The YMCA representatives provided details of their plans. Mayor Green provided details of the history of the YMCA in the community.
Mr. Kisela provided details of the plans with the expansion of the YMCA and the funding options.
Mayor Green reminded that the YMCA building is a City facility. Mr. Kisela advised that it is an emergency shelter for City employees during emergencies as well. Mayor Green advised that the YMCA works for the community. They provide several scholarships.
Teresa Rogers, CEO Volusia/Flagler YMCA, provided details of the Port Orange YMCA expansion plans and financial expectations.
John Meneough advised that the YMCA does not have any individual making $200,000 per year at any Volusia/Flagler facility. He discussed other programs provided by the YMCA.
Councilman Ford is happy the YMCA is in the community but he is concerned with the debt being asked for. He doesn’t believe the financial reports provided are realistic. His concern is what controls the City has to keep the close relationship with the City and the YMCA. He believes 14% overhead is too high. He’s not sure this is the time to expand. He wants to have some guarantees on the money being requested.
Vice Mayor Burnette is committed to doing something for the YMCA. The 20-year old facility needs repairs and reinvestment. He has concerns with the risks involved.
Councilman Bastian is concerned with the financials.
Councilman Kennedy respects the YMCA and believes they have been great partners for 20+ years. He, too, is concerned with the financial projections.
Mr. Kisela advised that the $205,000 paid by the YMCA is set aside in R&R funds to reinvest in the YMCA. Staff believes there will be approximately $500,000 in the R&R fund by the end of the year. Councilman Kennedy has an issue with the request as it’s written. He believes Port Orange has been carrying the load for the other YMCA’s in the area. He supports providing the $500,000 from the R&R fund.
Councilman Ford asked about the interest payment being paid. Ms. Rogers said the payment is association debt.
Vice Mayor Burnette wants Council to decide if the $1.3 million is appropriate. If it is, Council needs to decide how to fund it.
Bob Ludlow addressed the concerns of the Corporate Y.
Bruce Teeters spoke regarding the YMCA being a community asset. He asked Council to support the expansion.
Kate Pecis, citizen, spoke regarding the YMCA family.
Greg Radicoff, citizen, addressed Council with his thoughts and asked for Council’s support with the expansion. He believes the revenue can be increased by 2.4% needed to make the additional payments.
Mayor Green asked if there is any additional information that can be provided to Council for a level of comfort.
Councilman Ford supports the recommendations of a Corporate Board Member and priority of payments to the City over Corporate payments. He wants to help the YMCA but wants to make sure he’s comfortable with guarantees for the taxpayers. Mr. Kisela asked if the City could be second only behind the bank for payments.
Mr. Meneough provided samples of cut services and costs, as well as consolidated services generated through the Corporate YMCA.
Vice Mayor Burnette doesn’t believe the items suggested by the City Manager isn’t all inclusive. He suggested the YMCA and City Staff evaluate other options to provide guarantees to the taxpayers. He supports providing help.
Councilman Kennedy doesn’t feel the investment is in the best interest of the citizens as it is laid out. He is concerned that there are competing projects.
Mr. Schafer supports the expansion and believes the $1.2 million is too little. He suggested selling the property to the YMCA.
Newton White, citizen, believes the YMCA is an important part of the community but he is concerns with them paying the debt service.
Mr. Noftall asked if the Parent YMCA prepares interim financial statements. Ms. Rogers said yes, and they show improvement year to date.
Mr. Kisela asked for approval to release the RFP while the financials are being worked on. Consensus is to proceed with the RFP.
City Council recessed at 8:59 p.m. and reconvened at 9:09 p.m.
24. City Manager’s Comments
The City Manager had nothing further to report.
a. City Investment Committee – Councilman Kennedy reported that June wasn’t a good month, ended up at a loss of .14%. August was back up.
b. Transportation Planning Organization (TPO) – Councilman Ford reported there was no meeting; however, the next meeting isAugust 28, 2013. He advised Council that he will be voting against the interchange. Council can remove him from the TPO if they wish. He restated his reasons for disagreeing with the interchange at Pioneer Trail. Mayor Green disagrees with Councilman Ford. The Council voted 4-1 to vote for it. Mr. Kisela advised he is attending because Port Orange is the co-sponsor. Vice Mayor Burnette asked Councilman Ford to reconsider and asked him to vote in accordance with the Council’s vote. Councilman Bastian doesn’t want to consider removing Councilman Ford from the Board. Councilman Kennedy agrees with Vice Mayor Burnette and asked Councilman Ford to reconsider his position and vote consistent with the Council while advising of his dissention. Mayor Green believes he needs to vote the will of the Council. Councilman Ford doesn’t believe from a legal standpoint that he has to vote the will of the Council. Mr. Kisela suggested Mayor Green attend the meeting as the alternate. Councilman Ford said no, vote him off or he will attend.
Motion was made by Vice Mayor Burnette to remove Councilman Ford as the Council representative from the TPO, and Seconded by Councilman Kennedy. Motion failed on 2-3 roll call vote with Councilmen Ford, Kennedy and Vice Mayor Burnette voting no.
c. Library Advisory – Councilman Bastian reported that there was no meeting.
d. Municipal Firefighters Pension Board - Councilman Ford reported that June wasn’t very good.
e. Municipal Police Officers Retirement Trust - Councilman Kennedy reported that the Police Pension Plan met last week. They discussed the 5th member of the Board. It has not been filled. He asked the Board to utilize the City’s volunteer application. The investments are up 9.5% to $24+ million. They discussed moving some of the funds from fixed to Hedge funds because of the returns. The State is behind on reviewing the Actuarial Report. They reduced the rate of return from 8% to 7.75%. Councilman Ford asked why they are considering Hedge Funds. Councilman Kennedy said it hasn’t been voted on but the financial advisor is bringing back additional information.
f. General Employees General Retirement Trust - Councilman Bastian reported June was not good but the year has been strong overall.
g. YMCA – The report was included with Financial Report.
h. Volusia Council of Governments (VCOG) – Mayor Green reported that he attended the meeting and Judge Belle Schumann spoke regarding the costs of prisoners.
i. Volusia League of Cities - Vice Mayor Burnette attended the meeting in Orlando and has information to share with Council.
j. ArtHaus – Vice Mayor Burnette reported that Arthaus is looking for sponsors for their street painting at Family Days.
k. Port Orange/South Daytona Chamber of Commerce - Vice Mayor Burnette reported
l. Golf Course Board of Directors – The Golf report was provided by KemperSports.
m. Communications Interlocal Agency (CIA) – nothing to report
ADJOURNMENT: 10:49 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk