REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

SEPTEMBER 24, 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.    Gwen Keough-Johns, MMC – Certified Municipal Clerk presentation

 

Gwen Keough-Johns, MMC, East Central Florida District Director for FACC, presented Robin Fenwick, City Clerk, with the Certified Municipal Clerk pin and certificate. 

 

5.    PogTV 2013 Film Festival Winners

 

Kent Donahue, Special Assistant to the City Manager, recognized the winners and sponsors of the 2013 pogTV Film Festival. Mr. Donahue thanked the judges as well.

 

6.    Local Business Spotlight

 

Debbie Connors, Port Orange/South Daytona Chamber of Commerce, introduced Deb McCall, Chairman of Port Orange Family Days. Ms. McCall promoted Family Days. This is the 18th year for Port Orange Family Days. The theme is 100 years. Ms. McCall invited Mayor Green and Council Members to be grand marshals for the parade. All agreed to attend. Mayor Green thanked the Board of Directors for their work.

 

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

 

Mike Collins, General Manager, provided details of the written report. Precipitation levels graph was provided.

 

Councilman Ford thanked Kemper Staff for being out in the community. Course repairs were discussed at the Golf Board meeting.

 

Vice Mayor Burnette congratulated Kemper Staff for earning Best Course for the eighth year in a row.

 

8.    Police Actuarial Report – Chad Little

 

Chad Little, Freiman Little Actuaries, LLC, provided details of the Police Pension Fund Actuarial Report.

 

Councilman Kennedy thanked Mr. Little for the report. Councilman Kennedy asked when the 2013 report will be ready. Mr. Little advised that audited assets used to come from the City and with the change in the auditor for the City, the Board decided to hire an outside auditor. That audit took substantially longer than expected. He plans to provide the 2013 report to the Board in February and then to Council in March.

 

Councilman Bastian also thanked Mr. Little but stressed the need for the report to be provided before the budget cycle.

 

Vice Mayor Burnette asked if the rate of return is reasonable at 7.75%. Mr. Little said the investment consultant recommended 7% but the Board decided to move slowly to 7%.

 

Councilman Ford agreedwith a slow approach to paying off the unfunded liability. He doesn’t want to burden the citizens with higher taxes by making harsh moves all at once. He feels good about the current Council decisions.

 

Mayor Green wants to consider one actuary for all three boards rather than separate. Councilman Ford would like the three plans to combine the investment consultants. Mr. Little said the Boards and their funding all have to be separate but the investment consultant could be the same.

 

Ted Noftall, citizen, asked why the fire and general plans were able to provide reports so much earlier. Mr. Little said if he receives the audited financial statements in a timely manner, he will be able to provide his report earlier. Mr. Noftall asked who’s responsibility it is to determine the contribution into the plan. Mr. Little said it is determined on assumptions pursuant to State law. The Board is responsible for determining the rates.

 

Mark Schaffer, citizen, asked if there is an option for lump sum payouts. Mr. Little said yes, a member can ask but he would recommend against paying a lump sum. Mr. Schaffer asked about overtime maximums. Mr. Little advised that State law caps it at 300 hours.  

 

BOARD APPOINTMENTS AND INTERVIEWS

 

9.    Library Advisory Board appointment

 

Motion to re-appoint Roz Crotty to the Library Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Robin Fenwick, City Clerk, advised Council that Ms. Crotty was unable to stay; however, would like to continue serving.

 

Motion carried unanimously by voice vote.

 

10. Police Pension Board appointment

 

Vice Mayor Burnette nominated Ivan Cosimi and Todd Traster for the Police Pension Board.

 

Ivan Cosimi introduced himself to Council and would like to serve.

 

Councilman Kennedy believes Mr. Cosimi would be a good fit for the Board with his financial and business background.

 

Councilman Bastian asked if Mr. Cosimi has municipal pension experience. Mr. Cosimi said he does not but provided details of his experience. He feels he will be able to learn the plan easily and quickly.

 

Vice Mayor Burnette wants to appoint someone with financial knowledge and who is able to ask the right questions.

 

Councilman Ford believes Mr. Cosimi has a great background for the Board, as does Mr. Traster.

 

Councilman Basitan provided details regarding Todd Traster’s background on the Fire Pension Plan Board. Mr. Traster was unable to attend.

 

Councilman Kennedy advised Council that the 5th member also needs to be appointed by the Board at their November meeting. He would ask the non-appointed applicant to apply for the 5th member opening.

 

Mayor Green prefers Ivan Cosimi because he is outside of the organization.

 

Todd Traster was elected 3-2. Councilman Kennedy and Mayor Green voted no.

 

Motion to affirm Todd Traster’s appointment to the Police Pension Board was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.

 

CITIZEN PARTICIPATION

 

11. Discussion regarding banners at schools

Jack Kopnicky, PTA President of Sweetwater Elementary School, provided financial specifics of the banners to his school.

Mayor Green understands the difficulty of raising funds and wants to find uniformity.

Councilman Kennedy wants to help the schools but doesn’t agree with the small billboards.

Councilman Bastian disagreed with compressing their presentation. He wants to hear from all those who want to speak. He doesn’t have a problem with the signs. He doesn’t believe these signs are considered billboards. He understands the needs for fundraising. He would support some regulation on size and condition of the signs.

Vice Mayor Burnette also understands how hard it is to raise money for the schools. He has a problem asking the schools to not do something that the City is doing. He believes there is a compromise to make sure the signs are in good repair.

Councilman Ford would like to have a workshop to determine the wishes of Council. He agreed with compromising and regulating the signs so they stay in good condition. 

Corey Berman, citizen, agreed with Councilman Kennedy. He doesn’t agree with the signs. He complained about the signs along Dunlawton over the weekend regarding a store closing in New Smyrna Beach.

Scott Stiltner, citizen, advised Council that the school board tells the school staff to fund the programs or they will be cut. He supports the signs but agreed with regulations for condition.

Mayor Green agreed to hold a workshop. Councilman Bastian would like it to be scheduled quickly so the schools can move forward. Tuesday, October 8, 2013 at 7:30 will be a workshop regarding the school banners.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

Stan Hetrick, citizen, advised Council of the problems at Coraci Ballfields. People are tearing up the grass areas. Mr. Kisela received pictures from a citizen today and will handle it.

 

Mr. Noftall urged Council to adjust the budget to not include the extra monies into the Police Pension Fund. He suggested Mr. Kisela remain at City Hall more rather than attending other events (i.e.: Chamber events, etc.)

 

Mr. Schaffer addressed Council regarding the YMCA repair reserves. He asked Mayor Green if he knew why the extra amount is being deposited. Mayor Green said he can’t remember. Mr. Schaffer would like to see a reconciliation of the YMCA account. Mr. Kisela advised that information can be provided for the past one month.

 

Newton White, citizen, believes the plans in the RFP for the YMCA expansion doesn’t make sense.

 

Mr. Berman voiced concerns regarding the condition of the City buildings. He would like to see an ordinance to allow citizens to pull signs over the weekend. Mayor Green asked Ms. Roberts to research the issue.

 

S.K. Patel announced the Spruce Creek High School has lost their soccer coach to prostate cancer. The school is having a 5k walk/run on October 19, 2013 at Frank Reardon Park in Daytona Beach Shores. It will begin at 8:00 a.m.

 

CONSENT AGENDA

 

12. Approval of Minutes

a.    August 20, 2013 – Regular City Council Meeting

13. Project Manager’s Report

14. Sole Source Purchase of LOGIC Software System

15. Amended & Restated Agreement with Miller Pipeline, LLC and Task Authorization No. 1 for sewer system rehabilitation services

16. Property, Liability and Workers’ Compensation Insurance: Fiscal Year 2013-2014

17. Administrative Code Change

18. Causeway Park Lease Extension with FDOT

19. Floodplain Management Annual Progress Report

20. Extension and Amendment of the August 28, 2007 Agreement with QLHA

21. Task Authorization #2 to Agreement for Services with Danus Utilities, Inc.

22. Settlement with Volusia County for Spruce Creek Fly-In Wholesale Sewer Service

23. Final Payment for Utility Work on South Williamson Blvd.

 

Mayor Green requested that Item #14 be pulled for discussion by Mark Schaffer.

 

Councilman Ford requested that Item #20 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #12, 13, 15-19, 21-23 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Mr. Schaffer addressed Council regarding his concerns on the costs of the servers for the level of server. He also doesn’t understand why the City is purchasing physical servers versus virtual servers.

 

Donna Steinebach, Assistant to the City Manager, advised that the bundle is as provided by Sensus. James Hicks, Network Administrator, has advised Ms. Steinebach that these servers will be maintained in IT. Mr. Hicks is confident this is an appropriate package to be purchased. The decision to not work in the cloud was a decision made by City Staff. She assured Council that due diligence was done to ensure this software syncs with current software. The $30,000 credit is going to be used for a new tower base at the fire station.

 

Mr. Kisela said the meter readers need the software and other tools to help them do their jobs.

 

Councilman Ford believes Sensus is making a huge profit on the servers and he doesn’t agree with this level of servers.

 

Mr. Kisela said the City has invested millions on the Sensus meters. This bundle includes the software that is needed.

 

Motion to approve item 14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 3-2 with Councilmen Ford and Bastian voting no.

 

Item #20 – Councilman Ford asked if there is a way to track contracts so they do not expire. He wants software to track the contracts. He wants the engineering services sent out to bid. Mr. Kisela agreed with Councilman Ford that a tracking system is needed and this is not acceptable.

 

Vice Mayor Burnette asked if engineering services are inspected by the engineering firm who designed the project. Mr. Kisela said yes, that has happened in the past but will not in the future. 

 

Councilman Bastian agreed it is not acceptable.

 

Councilman Kennedy looks forward to these issues being settled.

 

Mr. Berman doesn’t understand why the contract is needed since they have performed the work and they have been paid. He believes the purchasing department is falling down on the job. Mr. Kisela explained the issues around this contract. Councilman Ford explained the Law doesn’t allow the City to hire off the street. There has to be a contract. 

 

Mr. Noftall wants to know how this got dropped. He asked if there is a plan to look at everything in the City.

 

Motion to approve item 20 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 with Councilman Ford voting no.

 

FINANCE (Wayne Saunders)

 

24. Audit Recommendations Update

 

Wayne Saunders, Finance Director, provided details of the status on the audit recommendation comments. The new policies and procedures that back up the items in the audit recommendation update report will be provided to the Audit & Budget Advisory Board in October.

 

Mr. White thanked Staff for their hard work on addressing the audit comments. He also asked if the auditor will be coming back to ensure the comments were handled. Mr. Kisela said James Moore is coming in October to start pre-work for the external audit.

 

Mr. Noftall asked about Public Works being completely open on Sunday and a stolen machine. Mr. Kisela said a machine was stolen from the sign shop 4-5 months ago. Mr. Noftall asked about the political discussion from the rate study company. Mr. Kisela said it’s in the RFP for the selected company to meet with Council.

 

Mr. Schaffer asked about the time clocks. Mr. Kisela advised that the outside attorney strongly suggested a pay and classification study be performed before time clocks are used for exempt employees. Councilman Ford asked if there are any written expectations for salaried employees. Mr. Kisela said it may be in job descriptions. Councilman Ford believes there should be written expectations.

 

25. Monthly Financial Report

 

Mr. Saunders provided details from the written financial report.

 

POLICE DEPARTMENT (Jerry Monahan)

 

26. Resolution No. 13-64 - Public Safety Grant Program Bicycle Helmets from Target

 

Mayor Green read Resolution No. 13-64.

 

RESOLUTION NO. 13-64

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA RATIFYING AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE PUBLIC SAFETY GRANT PROGRAM, FOR BICYCLE HELMETS FOR CHILDREN; ACCEPTING GRANT FUNDING; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS AND CONTRACTS; PROVIDING FOR AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-64 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Officer Serena Besuden provided details of the grant. Mayor Green thanked Officer Besuden.

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

27. Foreclosure Action involving SHIP Mortgage

 

Ms. Roberts advised Council the likelihood of the City recouping any funds, she recommends that the Council not file.

 

Councilman Ford agreed.

 

Vice Mayor Burnette disagreed. He believes the valuation provided is incorrect.

 

Councilman Bastian doesn’t want to throw good money after bad.

 

Councilman Kennedy believes it should be pursued.

 

Mayor Green disagrees with the SHIP program altogether.

 

Mr. Berman advised Council that he has looked at this house and performed a valuation. He believes the home is upside down and needs a lot of work.

 

Motion to forego foreclosure action on the property was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1, with Vice Mayor Burnette voting no.      

 

28. City Attorney’s Comments

 

There was nothing to report from the City Attorney.

 

ADMINISTRATION (Greg Kisela)

 

29. Resolution No. 13-62 – Florida Recreational Development Assistance Program (FRDAP) Grant – Riverwalk Launch and Boardwalk Phase 1

 

Mayor Green read Resolution No. 13-62.

 

RESOLUTION NO. 13-62

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FINANCIAL ASSISTANCE TO THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE (GRANT) PROGRAM FOR THE CONSTRUCTION OF A LAUNCH FACILITY, BOARDWALK, AND PICNIC FACILITIES (PHASE 1) IN TOWN CENTER RIVERWALK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS OR CONTRACTS; PROVIDING FOR MATCHING FUND CONTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-62 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Mr. Noftall asked if this matching fund amount is in the Capital Improvement Plan. Mr. Kisela said yes. 

 

30. Resolution No. 13-63 - Florida Recreational Development Assistance Program (FRDAP) Grant – West Side Sports Complex Phase 1

 

Mayor Green read Resolution No. 13-63.

 

RESOLUTION NO. 13-63

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FINANCIAL ASSISTANCE TO THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE (GRANT) PROGRAM FOR THE CONSTRUCTION OF A SOCCER FIELD, BASEBALL FIELD, PICNIC FACILITY, TRAILS, AND SUPPORT FACILITIES (PHASE 1) AT THE WEST SIDE SPORTS COMPLEX; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS OR CONTRACTS; PROVIDING FOR MATCHING FUND CONTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-63 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

31. City Manager’s Comments

 

Mr. Kisela advised the deadline for the fluoride grant is Friday, September 27, 2013. He wants Council to understand monies are being spent as approved by Council at previous meetings.

 

Mr. Noftall asked how much would be lost if the contract was cancelled. Mr. Kisela said the contract is for $51,382, with $30,000 provided through a grant. Mr. Noftall voiced concerns with adding fluoride to the City’s water supply.

 

Mr. Hetrick asked when the end of the Contract is. Mr. Kisela said he’s not sure.  

 

Mr. Kisela advised that there was a request by the Fire Department to help fund the Pink Heals program. The request is for fuel for four trucks, up to 60 gallons each.

 

Councilman Ford doesn’t believe the City should be involved in charities. He will give a personal donation. He doesn’t know how to choose between the requests.

 

Mayor Green agreed.

 

Vice Mayor Burnette believes it is a slippery slope.

 

Councilman Bastian would support up to 200 gallons.

 

Councilman Kennedy agreed to provide personal donations but doesn’t agree with using taxpayer monies.

 

COUNCIL COMMENTS

 

32. Comments/Concerns from Council Members

 

Councilman Ford has a concern with weeds growing on rooftops of City buildings, particularly Fire Station 72. He asked Council to direct the City Manager and assign responsibility of building maintenance. He also is concerned with security at City yards. He wants clear cut policies so everyone knows who is responsible for everything within the City.

 

Vice Mayor Burnette asked Mr. Kisela regarding the sidewalks in Town Park. Mr. Kisela advised that it is a complicated and expensive issue.

 

Councilman Bastian asked about urban chickens in the City. Mr. Kisela said Community Development was looking into it. Information will be provided soon. Councilman Bastian asked why the median improvements in Town Center haven’t been started. Wayne Clark, Community Development Director, advised that the design was changed and must go back for approval. Councilman Bastian asked about the boat parking on City property. Mr. Kisela advised that the boat will be moved in the next day or so. Councilman Bastian raised concerns about building maintenance at City Hall. He showed a picture of a pile of dirt from last year for sandbags and now has weeds. It is in the parking lot of Fire Station 72. He wants Staff to police City facilities better.

 

Councilman Kennedy doesn’t agree with the people holding signs on the corners. Mr. Kisela said it is exempt.

 

33. City Council Committee Reports

a.   City Investment Committee – Councilman Kennedy reported there was no meeting held since the last report.

b.    Transportation Planning Organization (TPO) – Councilman Ford reported there was no meeting held since the last report.

c.      Library Advisory – Councilman Bastian reported that Port Orange Library is second place in rentals and first in the vending machine.

d.      Municipal Firefighters Pension Board – Councilman Ford reported that things are going well.

e.      Municipal Police Officers Retirement Trust – Chad Little provided the report.

f.       General Employees Retirement Trust - Councilman Bastian reported that the fund is about 12% on return and $26.8 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 that the President’s health care was discussed.

i.       Volusia League of Cities – Nothing to report. Thursday night is the next dinner in Pierson.

j.       ArtHaus – Vice Mayor Burnette is looking for sponsors for the sidewalk painting at Family Days.

k.      Port Orange/South Daytona Chamber of Commerce - Vice Mayor Burnette advised the Chamber Retreat is on Friday, September 27, 2013.

l.    Golf Course Board of Directors – The golf report was provided by Mr. Saunders with the Finance Report and KemperSports provided details.

m.     Communications Interlocal Agency (CIA) – Mayor Green advised the RCC is still working on closing down.

n.      Youth Advisory Board – Bailey Berman, Chairman, provided details of the Youth Board activities.

 

Mr. Noftall confirmed Mr. Clark’s comments relating to the Town Center medians. He asked if the changes were approved by Council. Councilman Ford requests that Staff bring changes back for Council consideration.

 

ADJOURNMENT: 10:14 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk