OCTOBER 22, 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 Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green


                                    Absent:                      Councilman Drew Bastian


                                    Also Present:            Greg Kisela, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk


Mayor Green remembered and thanked Craig Morrisey for his service to the City. He passed away yesterday.




4.    Local Business Spotlight


Vice Mayor Burnette apologized for Debbie Connors who was unable to bring a business to spotlight.


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


Michael Collins, General Manager, provided details of the golf course. Costs were controlled to meet the revenue lost because of rain.


Councilman Ford advised Council of the discussion at the Golf Course Board Meeting. He wants Council to think about the restaurant facilities.


Vice Mayor Burnette asked what the management company has done to prepare for the busy season. Mr. Collins said they have re-contracted with several groups; they are e-marketing; they are surveying others to be sure they are comparable.


Councilman Kennedy asked about Staff levels and competency. Mr. Collins said they have a Starter and bag drop to help customers.      




6.    Youth Board Appointment


Motion to appoint Marina Avellino to the Youth Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford.


Mayor Green asked about the make-up of the Board.


Bailey Berman, Chairman of Youth Advisory Board, said there are several Spruce Creek High School members. More Atlantic students are needed.


Motion carried unanimously by voice vote.  


CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)


Corey Berman, citizen, thanked Staff for the trash can at Ridgewood and Dunlawton. He also said the lights at City Center and Lakeside Pavilion were not on during a recent car show. Mr. Berman discussed the problem of customers parking at Houligans. He asked Council to direct the City Manager to direct the Department Heads to be present at all Council meetings.


Larrie Green, citizen, asked Council to speak up so they can be heard from the back of the room.




7.    Approval of Minutes

a.    September 24, 2013 – Regular City Council Meeting

b.    September 24, 2013 – Special City Council Meeting

8.    Project Manager’s Report

9.    Major Special Event Request – Christmas Tree Sales @ Dunlawton Square Shopping Center located at 3813 Nova Road

10. City Cost Participation Request for Publix Supermarket (3044 S. Atlantic Ave) at Daytona Beach Shores for Water System Improvements

11. Waive normal bidding procedures and to piggyback the State of Florida Contract #490-000-12-ACS with Fisher Scientific Company, LLC to purchase laboratory, safety supplies, and equipment for the Public Utilities Lab Operations

12. New Sensus Flexnet M400 Base Station to be installed at fire station 75

13. SunGard HTE Annual Software & Technical Support Maintenance Agreement

14. RFP #13-26 Water, Wastewater, Reclaimed Water Rate Study

15. Piggyback Agreement with Brown and Brown of Florida, Inc. for Agent of Record Services for Employee Benefit Programs


Councilman Ford asked that Item #13 be pulled for further discussion. Vice Mayor Burnette asked that Item #14 be pulled for further discussion.


Motion to approve Consent Agenda Items 7-12 and 15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Item #13 - Councilman Ford asked if green screens are still being used. Mr. Kisela advised there are some applications being used that are still on green screens.


Shannon Lewis, Assistant City Manager/Interim Administrative Services Director, provided details of the Sungard systems. It has been used by the City for over 20 years. A conversion would be a pricey endeavor.


Councilman Ford is concerned with the age of the system and worries that the City is far behind in technology.


Ms. Roberts asked to include the condition to require the execution of the contract.


Motion to approve subject to Sungard executing the contract within 10 days was made by Vice Mayor Burnette, and Seconded by Councilman Ford.


Mark Schaffer, citizen, asked if there’s a way to use a detailed posting of checks. Ms. Lewis is not sure but will find out and provide an answer.    


Ted Noftall, citizen, agreed with Councilman Ford’s concerns.  He believes Council should consider new software.


Councilman Ford said he doesn’t have a problem with Sungard HTE. Sungard has more current platforms that the City could be using.


Motion carried unanimously by roll call vote.


Item 14 – Vice Mayor Burnette confirmed the City Council would be having a workshop to discuss the rate study with the consulting company. Mr. Kisela said yes, a workshop is being scheduled.   


Motion to approve Item #14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.


Councilman Ford believes the workshop will be complex.


Motion carried unanimously by roll call vote.


FINANCE (Wayne Saunders)


16. Audit Recommendations Update


Wayne Saunders, Finance Director, advised that all 56 recommendations by the auditors have been completed or substantially completed. Those not completed are on-going issues such as the rate study, meter replacement program, etc. He reported that the auditors are back and have begun reviewing the recommendations and the progress. Mayor Green asked when their review will be done. Mr. Saunders said they are scheduled to be complete in December and the CAFR provided to Council in February.


Councilman Ford asked about monitoring so that relapses don’t occur. Mr. Saunders said the next task is development of a review process, which Finance is currently working on. Councilman Ford asked if Mr. Saunders has enough resources to address the needs of the department. He asked if more positions are needed. Mr. Saunders has a difficult time addressing the needs of the department for when the department is under normal circumstances. He believes they will be ok under routine conditions.


Mr. Noftall asked where the September Finance Report. Mr. Saunders advised that the September report has not historically been presented until the close out is complete. Mr. Noftall doesn’t agree with a financial report not being provided in September. Mayor Green tends to agree with Mr. Noftall. Mr. Kisela advised that there are a lot of processes that happen at the end of the year. Staff doesn’t want to provide an incomplete document to Council and the public.   Mr. Noftall asked if the auditors have met with Council. Mayor Green said no, they have not.


Councilman Ford agreed with Mr. Noftall. He wants the auditor to work with Council. Mayor Green believes the auditor needs to gather the information from Staff. Mr. Kisela advised the auditors are in fact just gathering information. He will schedule time with Council and the auditors. Mayor Green asked that Mr. Kisela set a reoccurring time for the auditors to provide information to Council.


Mr. Schaffer asked if there is a project plan for the time clocks. Mr. Kisela said Staff is working on a project plan. Mr. Schaffer asked for the YMCA documents again. Mr. Kisela said he will provide the documents. The auditors should be back November 11, 2013.       


PARKS & RECREATION (Susan Lovallo)


17. Baseball field Renovation at Spruce Creek Park


Mr. Kisela provided details of the bids received. The bids came in substantially higher than anticipated. Staff needs direction. Staff submitted an ECHO Grant application.


Susan Lovallo, Parks & Recreation Director, provided details of the project and the bids. Staff is looking for direction from Council. Staff can either move forward after funding is found or delay the project and seek matching funds from Volusia ECHO. It would be a delay of approximately one year.


Mayor Green asked rhetorically how much a new field would cost. He believes this project is too expensive and a waste of money.


Vice Mayor Burnette asked why the initial estimates were off. David King, Quentin L. Hampton, said the lighting was added after the estimates. He believes the tight timeline given to the contractor affected the price as well. The prices have also gone up. The economy is picking up. Vice Mayor Burnette believes we are doing a disservice to our children.


Councilman Ford doesn’t agree with renovating fields. He asked if the City owns property for a field. Ms. Lovallo advised the City owns 10 acres of property at Horizon Elementary School.  Mr. Kisela believes a standalone park would cost 2-3 times more than this renovation.


Councilman Kennedy agreed with Mayor Green’s comment regarding building from scratch. He believes it’s time to step back and make a decision as to the amount they are willing to put into this project.


Vice Mayor Burnette asked if the South field is on track. Ms. Lovallo advised that she met with the baseball club earlier in the week and they are moving forward. They have scaled back on their renovations. They are working hard to raise the money they need to make the renovations. Vice Mayor Burnette said he can’t justify paying the money. He supports the ECHO grant option.


Mayor Green discussed previous fundraising efforts for other facilities.


Motion to pursue the ECHO grant option was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.    


PUBLIC UTILITIES (Jason Yarborough)


18. Fluoridation of Public Drinking Water


Mr. Kisela provided some details. The City has provided fluoride in the drinking water since 1982.


Jason Yarborough, Public Utilities Director, provided background regarding fluoridation. It costs approximately $60,000 per year to provide fluoride to the citizens. The City uses industrial grade chemicals. The chemicals all meet the appropriate standards as required. He suggested Council not make a discussion based on fear but rather the facts.


Steve Miller, Chief Plant Operator, advised Council of the workshop held in 2009 relating to fluoridation of the water.


Councilman Kennedy believes he has received more positive comments regarding the addition of fluoride in the water.


Vice Mayor Burnette has read a lot on both sides of this issue. He believes it may be an issue that Council decides to put out a referendum to find out what the citizenry wants.


Councilman Ford believes fluoride is different than the other chemicals in that fluoride is added to provide a preserved benefit but the others are to make the water potable. The scientific research is spotty. He suggested the water plant staff take caution.  


Mr. Noftall believes there are two issues: 1) a moral and ethical decision and 2) the actual chemical being added to the water.


Mr. Green asked about the amount of money spent State-wide.


Mayor Green believes there is a benefit to adding the fluoride especially to those who can’t afford proper dental care.


Vice Mayor Burnette believes a referendum is a good idea. Mayor Green asked if a referendum or a neighborhood discussion is appropriate.


Councilman Ford would like to hear from both sides of the issue from experts in a workshop.


All agreed.    


CITY ATTORNEY (Margaret Roberts)


19. City Attorney’s Comments


There were no further comments from the City Attorney.


20. Office of the State Attorney’s Authorization


Ms. Roberts provided details of the need for authorizing the Office of the State Attorney representing the City during arraignments. There is no cost to the City. An Interlocal Agreement will be provided in November. Council agreed.




21. Proposed Scope for Riverwalk Park and Boardwalk Design/Engineering


Mr. Kisela asked Council to approve the proposed scope brought forward by the CRA.


Motion to approve the proposed scope for Riverwalk Park and Boardwalk Design/Engineering was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.


22. Discussion on Bus Benches


Mr. Kisela provided details of the revenue stream and the history of the bus benches and contract with Waverly. An audit was performed by James Moore this year. There was approximately $5,000 not paid by Waverly. A bill was sent to Waverly. They are reviewing the invoice. They wish to extend the contract.


Mayor Green doesn’t like the signage on the bus benches but does like the revenue. He likes the pads that have been poured recently.


Vice Mayor Burnette agreed with Mayor Green. He wants to see the contract go out to bid after the last extension. He is concerned that there was money not paid. Discussion was held regarding in-kind advertising during campaigns in 2012.


Councilman Ford is ill at ease with the Waverly Contract. He suggested going out for bid. He doesn’t want to extend the Contract. He also wants to re-address bus benches and controls on them. He believes there should be a set amount in the contract rather than per bench. He received a request for trash cans at the benches. He suggested a short workshop.


Councilman Kennedy also does not agree with the advertising on the benches. He would support the City placing the bus benches needed and not having advertising.


Mayor Green suggested a bench like the benches in front of the YMCA.


Mr. Kisela asked for direction relating to the contract and replacing the benches. Options will be brought back.


Deb Denys, County Council Member District 3, introduced herself and thanked Council for their service. Mayor Green thanked her.          


23. City Manager’s Comments


Mr. Kisela reminded Council of the holiday schedule for Council meetings.




24. Comments/Concerns from Council Members


Councilman Ford expressed concern regarding the sewer pipe under the river. He doesn’t agree with it.  He wants to take into consideration the fact that Daytona Beach Shores wants to leave our service area. Concerns were voiced about dumping sewer water in the river.


Mayor Green visited the YMCA and asked each Council member to visit as well. He also had some requests from business owners regarding bike week.


25. City Council Committee Reports

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

b.    Transportation Planning Organization (TPO) – Meeting set for October 23, 2013.

c.    Library Advisory – Councilman Bastian was not present to report. The next meeting is scheduled for November 7, 2013.

d.    Fire Pension Board – Councilman Ford said they have not met since the last report.

e.    Police Pension Board - Councilman Kennedy said they have not met since the last report. Next meeting is in November.

f.     General Employees’ Pension Board – Councilman Bastian was not present to report.

g.    YMCA no report - Councilman Bastian was not present to report.

h.    Volusia Council of Governments (VCOG) - Mayor Green reported the next meeting in next Monday.

i.      Volusia League of Cities – Nothing to report.

j.      ArtHaus – Vice Mayor Burnette reported Saturday is National Make a Difference Day. They will be repainting ArtHaus and re-doing landscaping. Volunteers are needed.

k.    Port Orange/South Daytona Chamber of Commerce – Vice Mayor Burnette reported on upcoming events.

l.      Golf Course Board of Directors – Report provided by Mr. Collins under item #5.

m.   Communications Interlocal Agency (CIA) – Nothing to report.


Councilman Kennedy read the details of the funeral service for Craig Morrisey. Mr. Kisela advised that sister agencies will be covering for our firefighters to attend the services.


ADJOURNMENT: 8:27 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, CMC, City Clerk