FEBRUARY 18, 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


Motion to move item #9 to the front of the agenda was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.




9.    Raydon - Request regarding signal at Williamson & Hockney/McGinnis and Town West


Mr. Kisela advised that the County has agreed that both signals are warranted. The funding is available through the City. Staff will work with County Staff to get the second light installed as quickly as possible.


Jack McVeigh, citizen, thanked Council for supporting the residents’ request.


Rich Elkowitz, citizen, also thanked Council and asked if the speed limit can be looked at in front of Royal Palm. Mr. Kisela said Staff will ask the County.


Tom Beaulieu, citizen, believes restriping the road would be helpful for traffic safety. He supports lowering the speed limit in front of Royal Palm. He voiced concerns about the sidewalks in the area.


Mary Lou Doepker, citizen, asked when the light will be installed. Mr. Kisela said the funding and engineer are in place so it should move quickly.


Ann Wagoner, citizen, asked that the speed limit review include the Town West entrance.


Hillary Reilly, citizen, is concerned with additional traffic with expanding the ballfields at Coraci. Mr. Kisela will work to coincide with the County.


John Neill, citizen, thanked Council and the community for their support on this issue.




4.    Comments/Concerns from Council Members


Councilman Ford addressed Sunshine Law violation discussions. He asked when training will occur. Mr. Kisela said the beginning of April. Councilman Ford asked about the Audit & Budget Advisory Board relating to the City Manager and the Finance Director being ex officio members. He asked for that to change. Mr. Kisela agreed and advised that the amendment is coming to Council on February 25, 2014 with second reading on March 4, 2014. Councilman Ford discussed the new electronic policy for public records. He doesn’t support the use of City provided email addresses for Board members. He doesn’t believe the members will check those email addresses. He suggested allowing board members to use their own email addresses as long as they copy the City Clerk or another City email address. He asked the Council to support an Ordinance to accept the policy with some options for the members included.


Mayor Green wants to know what the problem is before he supports a change in the administrative policy. He would like to know how it will be implemented.


Vice Mayor Burnette doesn’t want workshops being rushed. He suggested starting workshops at 5:15 p.m. Councilman Kennedy doesn’t believe 15 minutes will make a big difference but agreed to the change. Council agreed to begin workshops at 5:15 p.m.


Councilman Bastian asked about the attorney’s charges for the public records preservation policy. Margaret Roberts, City Attorney, said she will be bringing back an item asking Council to consider adjusting the cap.


Councilman Bastian asked if there is a way to get meeting minutes in draft form prior to the next meeting agenda for the City’s Boards and Commissions. Mr. Kisela explained the workload issues. Staff attempts to prepare the Board and Commission minutes for the next meeting. The problem comes when large public records requests come in and brings a halt to other functions. He doesn’t want to commit to a timeframe for minutes because other functions (i.e.: public records requests) have statutory deadlines. Councilman Ford agreed with Councilman Bastian. He wants to see the draft minutes prior to the agenda going out. He’d like to see the Planning Commission meetings, as long as some of the other larger Boards. He is not opposed to hiring additional staffing if needed.


Councilman Kennedy expressed concerns about the traffic on Dunlawton. He doesn’t believe the lights are timed correctly. Wayne Clark, Community Development Director, provided an update on the signal at Dunlawton and Yorktowne. The FDOT has ordered and is installing the modern technology that will help the light change at night. The traffic light study is ongoing and should be complete in April.




5.    Citizen Advisory Committee for TPO


Bobby Ball was unable to attend to provide the report from the CAC for the TPO. He provided a written report to the City Clerk, which was forwarded to the Council.


6.    Audit & Budget Advisory Board Report


Ted Noftall, Chairman, provided an update to the Council regarding the Board’s recent discussions. The Board voted on a recommendation relating to the inclusion of comparative numbers submitted to the Council. Concerns were discussed by the Board relating to not receiving information and feedback from questions. He supports Councilman Ford’s suggestion to move past the Sunshine Law violation allegations. He asked for Council’s approval as it relates to the budget calendar. Mayor Green isn’t sure he can just move forward relating to Sunshine Law violation allegations. He’s still gathering information.


Sonya Laney, member, believes the last meeting was a positive move in the right direction. She said Staff has worked hard to help the Board but the Board hasn’t had focus. The Board decided to revisit the Fleet issue so that it can be finalized and a recommendation can be brought to the City Council.


Corey Berman, Vice Chair, asked for a workshop with the Council, City Manager, City Attorney, and Finance Director for more direction. Mayor Green agreed.


Jack Wiles, member, said they have begun to focus on priorities rather than several fires that come up. He believes Council will see better results from the Board.


Ben Talluto, citizen, reminded Council of the Sunshine Law violation allegations from the 1970’s.


Councilman Kennedy thanked the Board for their time. He agreed with the suggestion of a workshop with the Board.


Councilman Bastian agreed with having a workshop.


Vice Mayor Burnette also agreed with a workshop.


Councilman Ford supports the Board’s request to provide directions.


Ms. Roberts advised scheduling the workshop as a special meeting so the Council can vote on items without coming back to a regular City Council meeting.


7.    Parks & Recreation Advisory Board Report


Jack Wiles, Chairman, provided an update to the Council regarding the Board’s recent discussions. The Board asked a citizen who voiced concerns about boats in Memorial Park to bring back a recommendation to the Parks Board so they can discuss the issue and provide a recommendation to Council. Kent Donahue, Public Information Officer and Grants Manager, talked to the Board about upcoming grants. Trails were also discussed at the meeting, as well as the new email policy.


Vice Mayor Burnette asked about a special meeting with the Parks Board to discuss a master plan. 


8.    Parks & Recreation Advisory Board Appointment


Motion to nominate Pat Barraco and Diane Templeton-Gardner to the Parks & Recreation Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.


Vice Mayor Burnette said Pat Barraco was unable to attend but provided a letter to Council.


Dianne Templeton-Gardner introduced herself. She would like to be on the Board to help the elderly citizens to be healthier.


Vice Mayor Burnette read Ms. Barraco’s letter.


4-1 roll call vote taken to appoint Ms. Templeton-Gardner, with Mayor Green voting no.  


CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)


Ben Talluto, citizen, addressed Council regarding decay of the east side of the City and his experience with a change in a sign for a business on Ridgewood.


Corey Berman, citizen, addressed Council regarding a grant from the Federal Government for a tracking device for children and adults with autism.


Ted Noftall, citizen, agreed with Vice Mayor Burnette’s suggestion to begin the workshops earlier. He was disappointed that the public didn’t have time to remark. He asked how much the study cost. Mr. Kisela said approx. $23,000-24,000. Mr. Noftall asked how the firm was selected. Mr. Kisela said three or four quotes from engineering firms were received. Mr. Noftall asked if the water could be discharged easily from the tank into the lakes. Will that resolve the issue of pumping into the river? Jason Yarborough, Public Utilities Director, said there is an outfall at the reservoir already designed to go from the tank to the wetlands which can be built for a few hundred thousand dollars but it doesn’t solve the water quality problems going into the wetlands.


Mr. Noftall wants the Riverwalk appraisals to be released as a public record. Mr. Kisela recommended that they not be released right now so they can be included in the negotiations with the Developer.


Motion to waive the exemption and release the appraisals to the public relating to Riverwalk was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion denied 2-3 by roll call vote, with Councilman Kennedy, Vice Mayor Burnette, and Mayor Green voting no.   




10. Approval of Minutes

a.    December 10, 2013 – Special City Council Meeting

b.    January 21, 2014 – Regular City Council Meeting

c.    January 28, 2014 – Regular City Council Meeting

d.    February 11, 2014 – Special City Council Meeting

11. Staff Reports - Building Activity Report and Monthly Development Activity Report for January, 2014

12. Crime Report

13. Extension of Wrecker Service Agreement

14. Reject Bids for the Compensation and Classification Study, RFP #14-09

15. Staff seeks authorization to utilize the Florida Sheriff’s Association, the State of Florida, and Volusia County Contracts to purchase Fleet Vehicles and Equipment for FY 2014


Councilman Bastian requested that items #13-15 be pulled for further discussion.


Motion to approve Consent Agenda Items #10-12 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Item #13 - Councilman Bastian asked for an update on the wrecker service company. Mr. Kisela said the Police Department is satisfied with their service. Vice Mayor Burnette would like the status of the company when Staff is recommending an extension. Jerry Monahan, Police Chief, said in the beginning there were a few issues but overall the performance has been very good. The revenue has been very good for the City. Mr. Kisela said Staff wouldn’t be recommending renewal if there were problems but Staff will provide that information in the future.


Ms. Roberts asked that the motion include “subject to updated insurance and bonding as required by the Contract”.


Motion to approve Consent Agenda Item #13 was made by Councilman Bastian, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.


Item #14 – Councilman Bastian asked for details. Donna Steinebach, Administrative Services Director, provided details of the bid proposals. Several proposals were received late, others were not in compliance with the City’s Purchasing Policy. The Selection Committee interviewed the one responsive bidder. The Committee does not feel comfortable with the interview of the proposal. This study is very important and extensive. A study has not been done for more than 20 years. Staff is prepared to provide the new RFP for publication next week if the Council rejects the bid proposal. The revised RFP will include FSLA determinations would be undertaken by the City Staff and City Attorney’s Office, as well as outside legal counsel. The City Attorney’s Office is reviewing the scope.


Councilman Bastian asked if the study could be done in house. Ms. Steinebach said a minor study could be done in house but it’s been too long. Mr. Kisela said for integrity reasons, it should be done externally. The study will include all classifications and will be compared to other like-cities.


Councilman Kennedy supports rejecting the proposal.


Vice Mayor Burnette is happy to see Staff rejecting the bid proposal. He wonders if the bidding process is so difficult that companies can’t follow it. Mayor Green said there is a checklist for the companies to follow.


Councilman Ford agreed with Vice Mayor Burnette’s comments. He warned Council that the study could have severe financial implications for the City.


Mayor Green sees this study as information only.


Mr. Noftall asked what prompted the study originally. Mr. Kisela said it’s been 20 years since it’s been done. There is no science behind the classifications. The study will put some science behind the classifications so it can be defended. Mr. Noftall asked about going to a biometric system. Mr. Kisela said the recommendation of the labor council is to ensure employees are classified correctly.


Newton White, citizen, asked what budget year any changes will come in. Mr. Kisela said the implementation plan is not set up yet.


Scott Stiltner, citizen, reminded Council regarding the bids. He does believe there are issues in the bidding. He voiced concerns about a bid bond requirement in the landscape bid that was released yesterday. He believes it will limit the contractors who bid. Mr. Kisela said the performance bond was eliminated but the bid bond is required to bid. They need to be able to demonstrate they can do the work.


Motion to reject the bids was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.


Item #15 – Councilman Bastian asked about the waiving of the purchasing policy. Mr. Kisela said a lawn mower was purchased under the state contract. The amount was in Mr. Kisela’s authority level but the purchasing policy requires Council approval because it’s a state contract purchase. Mary Anderson, Public Works Director, said it is a standard practice for police vehicles. Councilman Bastian asked about deferring the purchase of a motorcycle until FY2015. Chief Miller said yes, all will be replaced next year. Fleet Staff is looking into leasing motorcycles.


Motion to approve Item #15 was made by Councilman Bastian, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


FINANCE (Wayne Saunders)


16. Second Reading – Ordinance No. 2014-1 - Solid Waste Ordinance Revision


Mayor Green read Ordinance No. 2014-1.






Motion to adopt Ordinance No. 2014-1 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.


17. Resolution No. 14-3 – Solid Waste Rate Structure Simplification


Mayor Green read Resolution No. 14-3.






Motion to adopt Resolution No. 14-3 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.


Councilman Ford asked if the rates were being changed. Mr. Kisela said the rates are changing by 2% and simplifying the bills. The cost of street sweeping was also added in.


Vice Mayor Burnette advised that the increase for single family residence is $0.37 and a $1.13 increase for businesses.


Motion carried unanimously by roll call vote.


CITY ATTORNEY (Margaret Roberts)


18. City Attorney Comments


Ms. Roberts said she will proceed with the revision with regard to the records retention procedures. Mayor Green just wants to be sure everyone follows the law.


Ms. Roberts discussed requests for pavers in driveways, sidewalks, and aprons. Traditionally, the City had required a $25,000 insurance coverage for that section with the pavers. The insurance companies are not being approving policies for homeowners.  She asked for policy direction. Mayor Green asked how many trip and falls happened last year. Ms. Roberts will provide a report. Ms. Roberts said the pavers are easier to maintain than a sidewalk but maintenance would be necessary by the homeowner. Councilman Ford asked what will happen with the existing sidewalks and aprons that are paved. Ms. Roberts said the ones in now are fine. They are insured. Vice Mayor Burnette would like more time to think about it.   




19. Annual Review Process for City Manager


Mr. Kisela asked if the outline is acceptable for the annual review. Mayor Green is good with it. Councilman Ford agreed. Vice Mayor Burnette would like to include goals for next year. Councilman Bastian asked for a review form similar to Vice Mayor Burnette used last year. Mr. Kisela said Administrative Services can provide guidance. Councilman Ford said the University of Central Florida has templates. Councilman Kennedy wouldn’t want to be limited by a form. All agreed.


20. Volusia Flagler Family YMCA – Port Orange Facility Renovations


Mr. Kisela provided details regarding the plan for renovations. The pool deck repairs began Monday, February 17, 2014. The plan before Council is the additional repairs in a phased approach. Mr. Kisela asked for a consensus from Council and appropriate documents will be provided at the next meeting.


Mayor Green asked about some of the charges. Mr. Kisela said it is just an estimate to get things moving.


Councilman Bastian asked what the $718,000 amount is vs. the $704,000. Mr. Kisela said the $718,000 is the restricted and unrestricted amounts available. The $704,000 is the estimate to be spent.


Vice Mayor Burnette asked who runs the exercise equipment now. Mr. Kisela said the YMCA. The City will own the equipment under this proposal.


Teresa Rogers, CEO of Flagler/ Volusia YMCA, advised that they will be responsible for the maintenance on the equipment and they will purchase an extensive warranty with the equipment. They have a member on staff who can perform repairs on equipment as well.


Mr. Berman asked about the liability of the equipment since the City will own it. Ms. Roberts said the City will require the insurance company to include equipment and facility coverage.


Mr. Noftall asked if the year-end audited financials completed yet. Ms. Rogers said no, the auditor comes next week. Mr. Noftall asked for reports from the parent YMCA. Ms. Rogers said the interim reports for the Port Orange YMCA are already sent to the City.


Mr. Noftall asked why the City is buying the equipment. Ms. Rogers said it’s just part of the plan and was a recommendation of a Council Member.


Mr. Noftall again asked for a reconciliation of the YMCA reserves. He stated that he has not received them yet. Mr. Kisela disagreed and said the information has been provided.


21. City Manager Comments


Mr. Kisela reminded Council of the Riverwalk discussion next week at 5:15 p.m. He will be out of the office Friday – Sunday this week. Shannon Lewis will be the acting City Manager.


ADJOURNMENT: 9:03 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, CMC

City Clerk