REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JANUARY 21, 2014
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
4. Election of Vice Mayor
Motion was made by Councilman Bastian to nominate Councilman Bob Ford as Vice Mayor, and Seconded by Vice Mayor Burnette.
Councilman Kennedy believes discussion of the Vice Mayor position needs to include whether or not Council wants to continue rotating it. Mayor Green said the Vice Mayor needs to be flexible. Councilman Kennedy asked Councilman Ford if he is flexible enough for the position. Councilman Ford said he is very flexible but would like to withdraw his name. He believes the Mayor would like to begin training Vice Mayor Burnette to be the next Mayor and he agreed with that idea.
Councilman Bastian nominated Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.
Vice Mayor Burnette thanked Mayor Green and Council for their vote of confidence.
Vice Mayor Burnette made a motion to amend the agenda to add the Emergency Ordinance No. 2014-5 as item #8a, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Motion to discuss providing direction to the Audit & Budget Advisory Board and add same as Item #5a was made by Councilman Bastian, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
5. Comments/Concerns from Council Members
Councilman Ford would like to start providing direction and address concerns. He doesn’t believe the rezoning and PUD’s are sufficiently organized and clear. He wants to direct the City Manager and the City Attorney to develop a policy entitled “Homeowner’s Bill of Rights” with the general principles as outlined in the attached document.
Motion was made by Councilman Ford to direct the City Manager and City Attorney to develop such a policy, and Seconded by Councilman Bastian.
Mayor Green would rather have it titled Property Owner’s Bill of Rights. Councilman Ford agreed.
Vice Mayor Burnette believes it is a good idea as a better way to communicate with the public to avoid potential problems. He asked if it should be listed as a discussion item or workshop to provide more directions to the City Manager.
Mayor Green agreed that it should be more formalized and would like to see a flowchart.
Councilmen Bastian and Kennedy both agreed.
Motion carried unanimously by voice vote.
Councilman Ford expressed concerns about the bank statements not being reconciled monthly. He would like a policy that they are reconciled monthly. He would like Staff to provide a reasonable time frame for the policy.
Motion for a policy that bank statements are reconciled monthly was made by Councilman Ford, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.
Vice Mayor Burnette asked the City Manager about the Waverly contract. Shannon Lewis, Assistant City Manager, advised Council the contract allows for Waverly to automatically extend if they are not in default. They are not in default and have exercised the automatic extensions through April, 2015.
Vice Mayor Burnette asked that the first meeting in March include an annual evaluation of the City Manager.
Councilman Bastian asked if the ADA compliance requirements for bus benches are being looked at prior to receiving the request from the State. Mr. Kisela said the City has been looking at the benches.
Councilman Bastian asked if drivers and/or their insurance companies are paying for damaged City property during accidents. Margaret Roberts, City Attorney said Risk Management attempts to collect when possible.
Councilman Kennedy asked about neighborhood meetings. Mayor Green said he received a request to double up the meetings in some of the areas. All agreed.
Councilman Kennedy asked where things are with the traffic study on Dunlawton and the traffic lights.
5a. Audit and Budget Advisory Board direction
Councilman Bastian would like to have a discussion regarding clear direction to the Audit and Budget Advisory Board.
Mr. Kisela said the auditors will be finishing up field work this week. The report will be provided to the Council first and then it will be provided to the Board. Councilman Bastian said the Board can share ideas on how to operate more efficiently and provide a recommendation on future pension contributions.
Councilman Kennedy thought the idea for the Board was specific. He believes they should be looking at the finances and the pension issue of unfunded liability.
Vice Mayor Burnette wants to see the financial reports in a more user-friendly, understandable format.
Councilman Ford agreed. The Board is going in too many directions. He sent an email to the Board telling them what he wanted from the Board based on what the Council discussed at the Visioning Workshop.
Margaret Roberts, City Attorney, asked if the quarterly report would be from Finance. Councilman Ford said yes, but they are looking to the Board to design the format to be more easily understood.
Motion to direct the Audit and Budget Advisory Board to develop the format for a budgetary report that details in a clear and consistent manner for City Council and provide Council with an analysis and options for dealing with unfunded liability was made by Councilman Ford, and Seconded by Councilman Kennedy.
Corey Berman, Audit & Budget Advisory Board Vice Chair, said the Board discussed pensions and he would ask the Chair to provide a report.
Ted Noftall, Chair, advised Council that the Board voted and agreed (4-1) that Council should be following the monetary recommendation of the three plan actuaries. He agreed that the Board is floundering. He reached out to most of the Council Members for direction. Two Council Members responded via email to the Board.
Mark Schaefer, Board Member, had derogatory comments for the Finance Director. He doesn’t believe they are receiving timely or accurate responses.
Motion carried unanimously by roll call vote.
BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
6. Citizen Advisory Committee for TPO
Bobby Ball provided the report for the CAC for the TPO.
7. Youth Advisory Board Report
Bailey Berman, Chair, provided details of the Youth Board activities.
CITIZEN PARTICIPATION (Agenda)
8. Special Olympics Florida – Sarah Harper, Director
Sarah Harper, Director of Special Olympics Florida, was unable to attend due to an illness. She will reschedule with the City Clerk.
8a. Emergency Ordinance No. 2014-5
Mayor Green read Emergency Ordinance No. 2014-5.
ORDINANCE NO. 2014-5
AN EMERGENCY ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 46, RELATING TO OFFENSES TO ESTABLISH ARTICLE IV RELATING TO SEXUAL OFFENDER RESIDENCY RESTRICTIONS, EXCEPTIONS, AND PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-5 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Ms. Roberts advised that the Council may declare this ordinance an emergency and will need 4/5 vote for it to pass with just one reading.
Mayor Green understands the ordinance but explained the Ordinance will not affect the person in question currently.
Mr. Kisela provided details of the Ordinance. It extends the perimeter from 1000 linear feet to 2500 but this individual is exempt. He explained the maps provided by Staff. 1) current State Statute; 2) 2500 foot perimeter with churches; and 3) 2500 foot perimeter with churches, schools, parks, etc.
Councilman Kennedy wants to make sure it’s being done correctly and not rushed. He would like more time to review the proposed Ordinance.
Councilman Bastian agreed with the need of enhancing the safety of Port Orange citizens.
Vice Mayor Burnette was under the assumption that Port Orange had an ordinance already. He was surprised to hear there wasn’t. He would like to see the perimeter at 2.1 miles around schools to cover children walking to bus stops. He wants to make sure it is legally sound.
Councilman Ford agreed an ordinance is needed. He recommends having the first reading tonight and agreed to 2500 feet. He doesn’t want Port Orange to become the “dumping ground”.
Chief Monahan said he knows there is a problem with the statutory language. He advised of the program being done by the Port Orange Police Department where an officer goes to the sexual offender’s home once a month as an unannounced check-up. The program began in 2005.
Matt Jones, Assistant City Attorney, advised the 2500 ft. buffer is from a case where it was challenged and succeeded.
Councilman Kennedy asked if anything can be done to affect the exempted offenders. Mr. Jones said no. Once the State Law exempts them, the local government cannot override it.
Councilman Bastian encouraged all citizens to contact their Senators and Representatives.
Vice Mayor Burnette provided information on obtaining maps and offenses for those in the community.
Howard Porter, citizen and sexual offender being talked about at this meeting, addressed Council regarding statistics of criminals in Port Orange. He doesn’t believe restrictions will deter crime. He believes educating children to stay away from strangers is a better solution.
Nicole Addair and Marilyn David thanked Council for what they’ve done. They asked Mr. Porter to move away.
Christina Haring, citizen, agreed with Council. She encouraged Council to enact the ordinance for the children.
Thomas Haring, citizen, addressed Council regarding the ‘grandfathering’. He wants it retroactive.
Mike Melnicoff, citizen, agreed with the Haring’s.
Margie Patchett, citizen, is very concerned with Mr. Porter living directly across from Sugar Mill Elementary. She encouraged all to attend the School Board Meeting to push them to put up a fence to block the view.
Jamie Devat, citizen, addressed Council regarding the emergency of the situation. She is very worried about her children attending Sugar Mill Elementary.
Corey Berman, citizen, suggested setting new precedence and make him move and let him sue the City. He asked if it covers juveniles convicted of sex crimes. Mr. Jones said only if he/she was tried and convicted as an adult and the victim was younger than 16.
Ben Talluto, citizen, believes the situation is growing in that area because of the lack of code enforcement and the growth to the West side of the City. The East side is deteriorating.
Councilman Kennedy asked all to write letters and contact the State Senators and Representatives. Volusia Days is in March in Tallahassee.
Vice Mayor Burnette wants to do more. He would be willing to go to Court. He doesn’t believe there is enough in this Ordinance.
Mayor Green read Ordinance No. 2014-5 on first reading (non-emergency)
Vote taken on the emergency motion. Motion carried unanimously by roll call vote.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Mark Van Devender, citizen and Senior Vice Commander of VFW Post 3282, is hosting an Open House on Saturday, March 29, to honor all Vietnam Veterans. He asked for Council’s waiver of the fees for a short parade from the Port Orange Pavilion to the VFW on Williamson. He asked Council to become a sponsor of the event.
Chief Monahan said he would use volunteers as much as possible.
Councilman Ford would be proud to be a sponsor. All agreed.
Motion to waive the fees and be a sponsor was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Ted Noftall, citizen, addressed Council regarding the bank reconciliations. He is shocked the bank statements were not timely reconciled. He asked Council to provide clear direction to the City Manager to respond to requests of the Audit & Budget Advisory Board. He also talked about Charter Amendments. He asked the City Attorney to provide a timetable for Council and citizen initiatives. He asked Council to provide a First Amendment Attorney to train Council and Board members regarding Sunshine Laws.
Corey Berman, citizen, said he saw Amvets and other groups putting out donation boxes.
Mike Gardner, citizen, addressed Council regarding 619 Lemon Street and the Atlantic Marine project with Jack and Brad Wiles.
Dianne Templeton-Gardner, citizen, addressed Council regarding the non-conforming grandfather use at 619 Lemon Street.
Margaret Patterson, citizen, addressed Council regarding the Atlantic Marine project. She is concerned about flooding.
9. Staff Reports - Building Activity Report and Monthly Development Activity Report for December, 2013
10. Sole Source Authorization for K2 Portable Mainline CCTV Inspection System from CUES, Inc. Storm Drain Pipe Lining Project DIP033
Motion to approve Consent Agenda Item #9 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Councilman Kennedy asked why item #10 is a sole source. He asked how this item relates to item #11. Mr. Kisela said they don’t relate at all. Item #10 is storm drain cameras; item #11 is City facilities. Mary Anderson, Public Works Director, provided details of the sole source justification. It is the only camera to operate in the corrugated metal pipes. Councilman Kennedy would prefer to see bidding rather than sole source. Mr. Kisela advised that there is a posting on Demandstar.com in the marketplace. If anyone has an equal product or service, they can provide a quote.
Councilman Ford doesn’t like to see “preferred” and “sole source” used interchangeably. They are different.
Motion to approve item #10 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
11. Waive Formal Bidding Procedures and Approve a Sole Source Standard Contract for Services with Task Authorizations for Diamond Quest Corporation (Tabled on January 7, 2014)
Motion to remove item #11 from the table was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried by 3-2 roll call vote with Councilman Ford and Councilman Bastian voting no.
Mr. Kisela provided details of item #11.
Councilman Kennedy suggested sending it to bid and find out if other companies are compatible with the City’s system.
Councilman Bastian asked what happens to the existing system and what was recently spent on maintenance.
Jason Yarborough, Public Utilities Director, advised Council there are two issues: 1) cameras and who maintains those and 2) the Genetec system. Staff does not recommend walking away from the Genetec system investment.
Vice Mayor Burnette asked if the RFP can include Genetec certifications. Mr. Yarborough said yes, he doesn’t believe Diamond Quest is the only company that can provide this service.
Councilman Ford has heard there is a problem with several cameras around town. He doesn’t feel good about sole source for this item.
Corey Berman, citizen, asked if the cameras are monitored and where the videos are stored. Mr. Yarborough said the Public Utilities cameras are monitored by employees and the videos are stored on Public Utilities properties in a secured closet.
Mark Schaefer, citizen, provided details of his experiences with cameras and technology. He would like to know the camera models.
Stan Hetrick, citizen, agreed with all regarding technology changes. He would like to see a camera placed at the Coraci fields to record the vandalism happening there.
Ted Noftall, citizen, asked if Mayor Green knows the Diamond Quest people. Mayor Green said no. Mr. Noftall asked if anyone knows them or anything about the company. Mr. Yarborough said he has not been to the headquarters but met the representative at the last meeting. Mr. Noftall advised Council that the company is based out of a garage in a trailer park in Orlando. He suggested more research on the company before spending that much money.
Motion to put the item to bid was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote with Mayor Green voting no.
12. First Reading – Ordinance No. 2014-1 - Solid Waste Ordinance Revision
Mayor Green read Ordinance No. 2014-1.
ORDINANCE NO. 2014-1
AN ORDINANCE OF THE CITY OF PORT ORANGE AMENDING THE CITY OF PORT ORANGE CODE OF ORDINANCES RELATING TO SOLID WASTE COLLECTION AND DISPOSAL; AMENDING SECTION 56-29 SERVICE CHARGES AND RATES; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-1 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Kisela said this ordinance simplifies the rates.
Vice Mayor Burnette believes there is an inequity with charging vacant homes but relying on mobile home parks to self-report. Mr. Kisela said that is the way the Ordinance is currently.
Motion to table Ordinance No. 2014-1 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Noftall asked how rates will be established for commercial properties. He suggested small businesses being able to contract for their own dumpster services.
Mr. Kisela said the rate discussion was originally scheduled for January 28th. This Ordinance merely simplifies the reporting of the rates for residential customers.
Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
13. First Reading – Ordinance No. 2014-2 – Chapter 2 and 8 LDC Text Amendment/Floodplain Management Case No. 12-25000007
Mayor Green read Ordinance No. 2014-2.
ORDINANCE NO. 2014-2
AN ORDINANCE OF THE CITY OF PORT ORANGE AMENDING THE LAND DEVELOPMENT CODE TO REPEAL CHAPTER 8, ARTICLE III – FLOOD DAMAGE PREVENTION; TO ADOPT A NEW CHAPTER 8, ARTICLE III – FLOOD PLAIN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; TO ADOPT NEW DEFINITIONS AND AMEND EXISTING DEFINITIONS; PROVIDING FOR APPLICABILITY; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-2 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
14. City Attorney Comments
There was nothing further to report.
ADMINISTRATION (Greg Kisela)
15. City Manager Comments
Mr. Kisela asked for authorization to use the sign at City Center for the Riverwalk workshop with DMC. Council agreed.
Mr. Kisela advised that the Board members will all be issued a City email address so that records can be preserved according to State Law.
Ms. Roberts advised that she will not be at the Riverwalk workshop on February 1st. Matt Jones will be there. Ms. Roberts said she has used special legal counsel for the email address policy for the Board members and will bring that to Council at the next meeting.
ADJOURNMENT: 9:13 p.m.
Mayor Allen Green
Robin Fenwick, CMC