REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JANUARY 28, 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

 

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

 

 

COUNCIL COMMENTS

 

4.         Comments/Concerns from Council Members

 

Vice Mayor Burnette asked that the Fire Chief examine the child safety seat program and the child education program and consider reinstating both programs. He also asked that the Administrative Services Director research a mobile app for the City. Vice Mayor Burnette would like to see programs and communication to parents relating to sexual predators. He suggested having information on pogTV, the website, and other communications. He would like Council to discuss the pros and cons of posting signs in the yards of certain levels of sexual predators. Mayor Green believes the discussion needs to be an item added to a future agenda so that proper information and people are available. Councilman Ford agreed to placing the discussion on a future agenda. Councilman Bastian agreed as well. Councilman Kennedy also agreed and would like more information on the legalities of placing signs in yards. Councilman Kennedy agreed with Vice Mayor Burnette that awareness has been raised by the discussions of Council.

 

Mayor Green asked Council if they are happy with the Emergency Ordinance passed regarding sexual predators. Councilman Kennedy believes it meets the needs. Councilman Bastian and Councilman Ford are satisfied with the Ordinance entered. Vice Mayor Burnette is satisfied with the Ordinance as well but would like to do more.

 

Councilman Ford discussed “ownership” and a two-step process where employees can report damaged properties or other suspicious activities. He wants to see employees get involved and feel ownership for the City. He also wants to have an easy way for the employees to report the issues they may see. This same type of program was done in the City previously. He wants employees trained on the program. Mayor Green would like to see light bars on the City vehicles that are driving through the neighborhoods.

 

Motion to direct the City Manager to bring back training and a motivational program of “ownership” to City employees was made by Councilman Ford, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Councilman Ford is concerned with Coraci Park. There is damage to the park often. Buschman Park is also being left unlocked. He would like the parks to be locked every night. He would like it to be a Council policy that the parks be locked every night. He would like Staff to bring back a way to implement a program to ensure the gates are locked.

 

Motion for City Manager and Staff to implement a policy/program to ensure the parks in the City are locked every night was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

Councilman Bastian said there are trucks and trailers parked at Spruce View in the Woods subdivision still. He would like signs placed for no parking. Councilman Bastian asked about American LaFrance being out of business. They were in business for approximately 100 years. Joe Pozzo, Fire Chief, advised Council that he is aware that the company went out of business. Staff has contacted the third party vendor and they are trying to track down the parts due to the City.

 

Councilman Kennedy asked if there is a tracking program for the gators in ponds in the City. Greg Kisela, City Manager, said they are not tracked but complaints are referred to the appropriate State agency to handle. Councilman Kennedy asked for the status of the tortoise relocation from Spruce Creek Ball fields. Mr. Kisela said they will be relocated on Thursday.

 

BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS

 

5.    Audit & Budget Advisory Board Report

 

Ted Noftall, Chairman, provided a report to Council relating to the Audit & Budget Advisory Board’s actions and recommendations. The one recommendation coming from the Board related to the pension contributions. The Board recommended that the Council use the actuary’s monetary amount. Mayor Green asked the Board to consider the 2016 changes and see how that affects the contributions.

 

Mr. Noftall said the Board reviewed the Administrative Services Department. He is still concerned with the Finance Department and the issues being discovered. He asked Council for direction to the City Manager relating to cooperation with the Board. The Board is very divided.

 

Motion was made by Councilman Ford that the City Policy is that the budgeted amount used is the actuary’s number as a percentage of payroll.

 

Mayor Green asked if that is better served as a budget issue. Vice Mayor Burnette would like further consideration as an agenda item. Mr. Kisela will add it to the soonest agenda possible, with information going back 5-years.

 

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

 

Ricardo Catarina, Regional Director of Operations, provided details of the first quarter written report for the golf course.

 

Vice Mayor Burnette is concerned with the first quarter numbers. He would like to have a program directed toward youth. He asked that they bring back details for a program and any needs they may have from Council.

 

Councilman Kennedy is also concerned with the numbers and would like to see a youth program.

 

Mr. Catarina agreed with Vice Mayor Burnette relating to the youth programs. They are launching a formal approach from a corporate standpoint in February.  

 

Mr. Catarina provided preliminary information and renovation plans for 2015-2016.

 

Mr. Kisela advised that the Golf Board would request a workshop to discuss the renovation plans.

 

Motion was made by Councilman Ford to schedule a workshop on March 4, 2014 at 5:30 p.m. to discuss the renovations to the golf course, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

Mayor asked that Citizen Participation be moved up. Council ageed.

 

7.    Fire Pension Board Re-appointment – Jim Reardon

 

Motion was made by Vice Mayor Burnette, and Seconded by Councilman Ford to re-appoint Jim Reardon to the Fire Pension Board. Motion carried unanimously by voice vote.

 

STATE OF THE CITY ADDRESS

 

Kent Donahue, Special Assistant to the City Manager, presented the State of the City Address video featuring Mayor Green and Council Members. Mayor Green thanked Department Heads and Mr. Donahue for their assistance with the project.

 

Council recessed to hold a Special Town Center CRA Meeting at 7:35 p.m. Minutes of which are under separate cover.

 

Council reconvened at 8:09 p.m.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Mr. Noftall asked how accountability, responsibility, and consequences are going to be restored to Port Orange. He asked which department is responsible for closing the gates at parks. Mayor Green believes the Recreation Division. It will be discussed with Staff. Mr. Noftall asked about the exempt employees in Parks Department who should be handling the locking of the gates. He wants the authority of the City Manager to be reduced. He believes Council should be able to review the performance of Department Heads. Mayor Green would like it to be placed on an agenda as a workshop in the future to discuss.

 

Margie Patchett, citizen, addressed Council relating to sexual predators. She supports the signs being placed in the yards of sexual predators.

 

Joyce Oxley, citizen, addressed Council regarding cleaning streets. She would like to volunteer to help clean the streets.

 

Bailey Berman, Youth Advisory Board Chair, reminded all that the Youth Advisory Board is collecting jeans for the Jeans for Teens program.

 

Dianne Templeton-Gardner, citizen, addressed Council relating to traffic problems that she believes will come with the Atlantic Marine project on Dunlawton.

 

Mike Gardner, citizen, addressed Council relating to his concerns with the Atlantic Marine project.

 

Margaret Patterson, citizen, also addressed Council relating to concerns with the Atlantic Marine project.

 

Jim Cameron, Daytona Beach Chamber of Commerce, provided details of upcoming meetings within Volusia County. He reminded all that Volusia Days is scheduled for March 20, 2014 in Tallahassee.

 

CONSENT AGENDA

 

8.    Approval of Minutes

a.    January 7, 2014 – Regular City Council Meeting

9.    Project Manager’s Report

10. Employee Assistance Program Services Agreement Amendment

11. Waive formal bidding procedures and to approve Sole Source for a Standard Contract for Services with Alfa Laval Ashbrook Simon-Hartley, Inc.

12. Waive formal bidding procedures and to approve Sole Source for a Standard Contract for Services with Task Authorizations for Hach Company

13. Final Deductive Change Order for construction – Herbert Street Sidewalk (from Golden Gate Circle to Nova Road)

14. Get Fit Port Orange

15. Approve donating City Surplus property to Daytona State College and to waive the City’s surplus property and auction procedures

16. Engagement of Special Legal Counsel for records preservation policy

 

Items pulled for further discussion: #16 by Councilman Ford; #11 & #12 by Councilman Kennedy; and #14 by Mayor Green.

 

Motion to approve Consent Agenda Items #8-10, 13, and 15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

#11 & #12 – Councilman Kennedy believes there have been too many sole source items recently. Mr. Kisela said there are no other vendors for these products.

 

Motion to approve Items #11 and 12 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

#14 – Mayor Green asked Susan Lovallo, Parks & Recreation Department, to provide an overview of the program. Ms. Lovallo provided details.

 

Motion to approve item #14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

#16 – Councilman Ford asked if special counsel is necessary. Ms. Roberts said from time to time she likes to consult with experts in certain fields. It is a resource for her. Mayor Green asked for a ball park figure on the costs. Ms. Roberts said no more than $5,000. Councilman Ford believes too much money is being spent on attorney’s fees.

Vice Mayor Burnette is concerned with $5,000 as well.

 

Councilman Bastian would be more comfortable with a lesser amount. He asked what the special counsel will be doing. Ms. Roberts said re-writing the policy for records preservation.

 

Councilman Kennedy doesn’t agree with $5,000. He would agree with $2,000.

 

Motion to approve item #16 with a limit of $2,000 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried by 3-2 roll call vote, with Councilman Ford and Vice Mayor Burnette voting no.

 

TABLED ITEMS

 

17. 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; REQUIRING BILLING FOR ALL OCCUPIED AND UNOCCUPIED UNITS IN TRAILER PARKS AND MOBILE HOME PARKS; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY, AND AN EFFECTIVE DATE.

 

Motion to remove Item #17 from the table was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.

 

Motion to approve Ordinance No. 2014-1 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Kisela advised the language relating to the mobile homes has been changed. They will be treated the same as single family homes.

 

Councilman Ford asked if this included residential rates only. Wayne Saunders, Finance Director, advised that this Ordinance will allow amendment of the rate resolution that will come before Council at the second reading of this Ordinance. The audit report showed this as an issue and Staff is trying to correct the issue.

 

Mr. Noftall asked if the language has been changed. Mr. Kisela said the request to make mobile home parks and other residential homes equal has been done in this Ordinance.

 

Motion carried unanimously by roll call vote.

 

FINANCE (Wayne Saunders)

 

18. Resolution No. 14-2 – Budget Appropriation Supplemental LAP Agreement Herbert Street Sidewalk

 

Mayor Green read Resolution No. 14-2.

 

RESOLUTION NO. 14-2

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 14-2 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

19. Finance Report

 

Mr. Saunders provided details from the written financial report.

 

Councilman Ford asked how the budget is doing for overtime. Mr. Saunders will provide the details. He believes it’s being handled.

 

Vice Mayor Burnette asked how the ad valorem taxes are doing compared to last year. Mr. Saunders said it’s on target to last year. Vice Mayor Burnette asked for a footnote until March so they can track that better. Mr. Saunders explained how it is reported and will provide the footnote.

 

Mayor Green asked how the man power is for the department. Mr. Saunders said they are maintaining and working on getting everyone properly trained. Mayor Green asked about space for Finance. Mr. Saunders said they are moving the Purchasing Division to City Hall and are looking for a permanent place for them. He said they are fine for now.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

20. Second 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, VOLUSIA COUNTY, FLORIDA, 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 ARES, 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.

 

PUBLIC WORKS (Mary Anderson)

 

21. Second Reading - Ordinance No. 2013-28 – Amendment to Ordinance No. 2013-18 for Non Exclusive Franchise for Roll-off containers (Bid No. 13-27)

Mayor Green read Ordinance No. 2013-28.

 

ORDINANCE NO. 2013-28

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING ORDINANCE NO. 213-18 RELATING TO A NONEXCLUSIVE FRANCHISE FOR ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; ACKNOWLEDGING THAT REPUBLIC SERVICES OF VOLUSIA COUNTY HAS TERMINATED ITS RIGHT TO ENTER INTO A FRANCHISE AGREEMENT; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-28 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

22. City Attorney Comments

 

Ms. Roberts encouraged Council to provide training to the Boards in Sunshine Laws and public records. She has checked with the First Amendment Foundation website but nothing is scheduled right now. Mayor Green suggested VCOG training.

 

Ms. Roberts suggested that the Riverwalk schedule be updated as the process moves forward.   

 

CITY MANAGER (Greg Kisela)

 

23. City Manager Comments

 

Mr. Kisela reminded all of the Riverwalk Workshop on February 1, 2014.  

 

COUNCIL COMMITTEE REPORTS

 

24. City Council Committee Reports

a.      City Investment Committee – Councilman Kennedy reported that there was no meeting since the last report. The next meeting is scheduled for February 18, 2014.

b.      Transportation Planning Organization (TPO) – Councilman Ford reported that there were four action items. 1) work plan; 2) combining with Flagler County; 3) changes in roadways in Volusia County; and 4) reviewed and approved the changes to the Transportation Improvement Plan. Mr. Kisela advised that the initial meeting with the State occurred relating to the interchange at I-95 and Pioneer Trail. There is a complicated process. If it were funded and approved, it could take eight (8) years for the interchange to be constructed. Progress is being made and a tentative schedule has been provided to the City.   

c.      Library Advisory – Councilman Bastian reported that there was a brief meeting. The Port Orange Library is running second place in reservation and third place in loans. Mayor Green said they need volunteers.

d.      Fire Pension Board – Councilman Ford said the next meeting is set for February 18, 2014.

e.      Police Pension Board - Councilman Kennedy said the next meeting is set for February 21, 2014.

f.        General Employees’ Pension Board – Councilman Bastian reported that the return net of fees is 15.4%. It is funded at 84.4%. The unfunded amount is $4.7 million. The plan is at 6.74% for the fiscal year and over 20% for the calendar year.

g.      YMCA - Councilman Bastian reported that the Port Orange finances were ahead by Corporate finances were not as good. 

h.     Volusia Council of Governments (VCOG) - Mayor Green reported the meeting discussion related to homeless issues. There was a presentation regarding the creation of a filming industry.

i.        Volusia League of Cities – Mayor Green attended the dinner. Port Orange is the host in March. Council needs to decide where and what to eat.

j.         ArtHaus – Vice Mayor Burnette reported February 13, 2014 is the next meeting . AP Honors Students exhibit is going on now. They are trying to recruit members for their Board.

k.      Port Orange/South Daytona Chamber of Commerce – Vice Mayor Burnette reported on upcoming events. Membership is up to almost 700.

l.        Golf Course Board of Directors – Councilman Ford reported that they are down $22,000 this quarter from last year. The weather was not conducive for golfing. The Board has determined the renovations of the greens and the clubhouse are a priority.

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

 

ADJOURNMENT: 9:10 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, CMC

City Clerk