REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

FEBRARY 25, 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

 

Councilman Kennedy has received some phone calls from residents relating to the traffic lights and traffic problems on Dunlawton Avenue

 

Councilman Bastian would like the old police department building and entryway addressed.

 

Vice Mayor Burnette is still concerned with the day to day upkeep of the City. He asked for a report relating to the overtime issue in the Fire Department. He asked to have Karen Koch, President of the Alliance of Port Orange Homeowner’s Association to report to the Council. He asked if the Parks Department has their own Facebook page. Mr. Kisela said yes. Vice Mayor Burnette asked about the Zimek machine. Joe Pozzo, Fire Chief, said information was received regarding a chemical that may be able to be used in the machine. He will finish his analysis of the chemical and whether or not it will work in the machine and provide Council with a recommendation as to retaining the machine or getting rid of it. Vice Mayor Burnette would like the Fire Chief to look at the equipment needs of the department, as well as what they have and don’t need that can be replaced with equipment that is needed. Chief Pozzo said he is working on a plan through the budget process. He will provide recommendations as soon as he is done. Vice Mayor Burnette asked that fleet maintenance costs be analyzed. He asked if neighboring cities would share resources. Vice Mayor Burnette also asked Mr. Kisela to coordinate the art show at City Hall with Arthaus. He addressed the White Place park property. He asked Council to discuss the idea of selling the property to Epiphany Catholic Church. Mr. Kisela said he will bring back information for Council discussion.

 

Councilman Ford asked Council to sunset the current Ordinance relating to the reuse water charges being suspended. He would like to clarify who can and cannot receive the suspension of charges. He doesn’t believe the implementation was correct. Mr. Kisela said there is discharge to the Halifax River now. Staff has been discussing suspending the charges again because of the wet weather.  Mr. Kisela suggested bringing an amended ordinance on March 18, 2014 to address the issues discussed. Mr. Kisela will bring information regarding suspending the charges on March 4, 2014. Councilman Ford is unhappy with the bidding process. He asked how more bids can be obtained and have less problems. Mr. Kisela said Staff will bring back some options to improve the process. Mayor Green suggested having the Daytona Beach Purchasing Manager to discuss their processes.

 

Councilman Bastian asked how the pre-bid meeting went with the landscaping RFP. Mr. Kisela said there were eight (8) vendors that attended the pre-bid meeting.   

 

Mayor Green provided information to Council Members from VCOG and St. John’s.

 

SPECIAL REPORTS

 

5.    Port Orange/South Daytona Chamber of Commerce Quarterly Report

 

Debbie Connors introduced Daren Burton, Real Estate Navigators, who discussed his business and services provided to residents.

 

Ms. Connors provided details from the Chamber. There are 685 members to date with 35 new this year. The Golf League begins on March 4, 2014. There will be no Chrystal Apple Award this year.

 

Mayor Green said mentors are needed for young people. He also is concerned that the schools do not have the trade schools like they used to. Some students need those options. He asked Ms. Connors to ask for donations of desserts and other dishes for the Volusia League of Cities dinner being hosted by Port Orange.

 

City Council recessed to hold the Special Eastport CRA Meeting at 7:09 p.m., minutes of which are under separate cover.

 

Council reconvened at 7:30 p.m.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Ted Noftall, citizen, would like some answers relating to the ordinance on the reuse water suspension of charges.  He asked if the large users are getting free water. Mr. Kisela said no. Discussion was held regarding the facilities, lakes, and nutrients of reclaimed water issues. Staff will bring back a recommendation on March 4, 2014.

 

Corey Berman, citizen, asked if every citizen in the City is paying for the costs of reclaimed water for some of the citizens who receive the reclaimed water. Mr. Kisela explained that every citizen is paying the fixed costs reclaimed users are paying the variable costs. Mr. Berman would like to see a more equitable system for all residents. He suggested the fire truck deliver and stray his lawn. He offered to pay for the gas for delivery. Mayor Green said there is an obligation to dispose of it.

 

Scott Stiltner, citizen, addressed Council regarding Code Enforcement. He said they are doing a great job on the eastside of the city. He encouraged maintenance on the old Police Department. He suggested adding dog waste containers on City Center Complex. He asked if there is a report for restoration when City property is damaged in an accident. Mr. Kisela said it is tracked through Risk Management and a report can be provided.

 

Dianne Templeton-Gardner, citizen and Parks & Recreation Board Member, encouraged Council to participate in the Get Fit Port Orange.

 

CONSENT AGENDA

 

6.    Approval of Minutes

a.    February 4, 2014 – Special City Council Meeting

7.    Project Manager’s Report

8.    Task Authorization #3 to Jan 8, 2013 Amended and Restated Agreement for Services with Danus Utilities, Inc.

9.    Dunlawton Drainage Improvements & Halifax Canal Reclaimed Water Augmentation Project, Final Deductive Change Order #1, and Final Payment Approval to Masci Corporation

10. South Atlantic Avenue and Ridgewood Avenue Watermain Adjustments Project – Bid #14-01

11. Special Event Request – First Turn Steakhouse & Lounge - 5236 S. Ridgewood Avenue & 5204 S. Ridgewood Avenue

12. Special Event Request – The Last Resort Bar - 5812 S. Ridgewood Avenue, Best Cars – 5816 S. Ridgewood Avenue, and Hunt for Cars – 5796 S. Ridgewood Avenue

13. Authorize Funding for Special Legal Counsel for records preservation policy

14. Waiver of bid irregularities - RFP 14-18 Employee Group Health Insurance Benefits

15. Fourth Amendment to the Public Improvements Agreement for Altamira Shopping Village and Dunlawton Yorktowne Development

 

Mayor Green asked that item #10 be pulled.

 

Councilman Bastian requested that items #9 and 13 be pulled for further discussion.

 

Vice Mayor Burnette requested that items #11 and 12 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #6, 8, 14, and 15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Vice Mayor Burnette pulled item #7 for further discussion by a citizen.

 

Newton White, citizen, asked about the video security system listed on the Project Manager’s Report. He asked if that item was the same as the Diamond Quest item that was recently not approved. Donna Steinebach, Administrative Services Director, said the Diamond Quest item would be an expense under Public Utilities but she will provide a report relating to the IT items.  Mr. Kisela advised that the Council approved an expenditure to Diamond Quest in October.

 

Motion to approve item #7 with information pending was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Councilman Bastian asked for an update on Item #9. Mr. Kisela said it is a deductive change order of $178,000. The project is complete. Councilman Ford is concerned about how closely the inspectors were monitoring the contract. He asked that junk piles be hidden rather than sitting out in the open. Brad Blais, Quentin Hampton, provided details of the savings. The re-designing of some of the items resulted in the delays. Councilman Ford would like better communication of projects.

 

Mr. Noftall asked how many of the 50 day delay was before October 15 and how many were after. Ms. Blais said half to one-third were done prior to October 15.

 

Leo Masci, Masci Corporation, introduced himself to Council and said he met with Councilman Ford and explained the project. He thought Councilman Ford understood the status.

 

Mr. Noftall asked who prepared the shop drawings. Mayor Green said the manufacture of the product.

 

Motion to approve item #9 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried voice vote.

 

Item #10 has been removed from agenda by Staff.

 

Item #11 – Vice Mayor Burnette asked for confirmation that the extra hour was not included and whether the waiver of the surety bond was included in the recommended motion. Mr. Kisela said the extra hour is not but the surety bond is included.

 

Motion to approve Item #11 without the waiver of the surety bond was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Item #12 – Vice Mayor Burnette had the same questions as Item #11. He does not want the extra hour of music nor waive the surety bond.

 

Motion to approve Item #12 without the extra hour of music and without the waiver of the surety bond was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Item #13 – Vice Mayor Burnette requested more detail on the expense for the special legal counsel for records preservation policy. Margaret Roberts, City Attorney, has not received a line item invoice but has received a quote of what has been expended at this time, which is approx. $2,700. She has requested an invoice with specific line items. She doesn’t anticipate more costs but she wants to be prepared in the event she needs more outside legal counsel.

 

Councilman Ford asked if the City’s Attorneys could handle this item. Ms. Roberts said it’s a defense lawyer so the City is in a good position to provide defense in the event of a lawsuit.

 

Motion to approve $4,500 for special legal counsel was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Bastian asked how the attorney exceeded the $2,000. Ms. Roberts said it was an oversight. He was working and didn’t realize he had gone passed the $2,000 limit. Mr. Kisela said he had already provided work prior to the initial approval. Ms. Roberts said the City Manager has the authority to approve expenditures up to $25,000. She brings these items to Council so they know what is being spent on legal fees on outside counsel.

 

Mr. Noftall asked whose authority hired this attorney. He asked if the City Attorney spent the money. Ms. Roberts said no, she doesn’t have a spending authority. She brings them to the Council for their information.  

 

Mr. Berman doesn’t believe the City Manager should have any authority level for spending money.

 

Motion carried 3-2 with Councilman Bastian and Councilman Ford voting no.

 

FINANCE (Wayne Saunders)

 

16. Resolution No. 14-6 – Budget Appropriations relating to Port Orange YMCA renovations

 

Mayor Green read Resolution No. 14-6.

 

RESOLUTION NO. 14-6

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROPRIATING FUNDS FOR FISCAL YEAR 2013-2014 BUDGET FOR VARIOUS CITY OPERATIONS AND CAPITAL PROJECTS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 14-6 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

17. Monthly Finance Report

 

Wayne Saunders, Finance Director, provided the monthly finance report.

 

Motion to accept the monthly finance report was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

18. First Reading – Ordinance No. 2014-6 – Ordinance approving the 1st Amendment to the Riverwalk Marina & Riverboat Master Development Agreement and Conceptual Development Plan, Case no. 13-40000005

 

Mayor Green read Ordinance No. 2014-6.

 

ORDINANCE NO. 2014-6

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE RIVERWALK MARINA AND RIVERBOAT MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN LOCATED WITHIN THE PLANNED COMMUNITY – PORT ORANGE RIVERWALK (PC-R) DISTRICT; AND PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2014-6 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

19. Riverwalk Park Conceptual Master Plan

 

Mr. Kisela said City Council needs to confirm the recommendation of the CRA Board as discussed at the CRA meeting held earlier tonight.

 

Motion to accept as presented and recommended by the CRA Board was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

20. Dunlawton Median Refurbishment

 

Mr. Kisela said the presentation from April, 2011 has been updated and broken into phases. Mayor Green wants a life-cycle cost analysis.

 

Margaret Momberger, Construction and Engineer Manager, reviewed the project limit and scope, as well as concept plans for plants. Each phase will cost approximately $250,000. Mr. Kisela discussed the annualized costs for fertilization and pest control. The proposed yearly cost is $60,000 for all irrigated medians. 

 

Mayor Green wants to find a different way to take care of landscaping as naturally as possible.  

 

Councilman Ford asked where the funds would come from. Mr. Kisela said the unappropriated fund balance (reserves) for the first phase. Councilman Ford supports starting with one phase.

 

Councilman Ford asked about getting volunteers in the horticulture, lawn businesses to assist and consult with staff regarding our issues. Mr. Kisela said yes, Staff will contact them during the design plans.

 

Council agreed to start with Spruce Creek Road to Nova Road.

 

Vice Mayor Burnette wants to make sure the efforts are being maintained day-to-day. Mr. Kisela said over the next year or two, the look will be where Council expects it.

 

Councilman Bastian asked how the weeds will be addressed. Mr. Kisela said the landscape contract requires weeds be pulled manually.

 

Councilman Kennedy asked if trees will be relocated. Ms. Momberger said they will be reused either on the medians or other City properties. Councilman Bastian suggested using them at the Eastport sign.

 

Mr. White said medians west of I-95 should be included. He wants things to look good coming off of the interstate. Councilman Bastian said medians west of I-95 are in better shape than the east side of the City. Mr. White said gateway signs are needed for a “wow” factor into our City.

 

Mr. Noftall asked where the money will come from. He suggested waiting until grant monies are available. Council did not want to wait. The City needs work now.

 

Mr. Stiltner said the front of City Hall looks great. He encouraged Council to use local experts for guidance. He believes the estimate is high and will a great project.

 

Motion to approve beginning with Phase 1 – Spruce Creek to Nova Road was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

PARKS & RECREATION (Susan Lovallo)

 

21. Resolution No. 14-5 – Renaming North Field at Spruce Creek Road Park

 

Mayor Green read Resolution No. 14-6.

 

RESOLUTION NO. 14-6

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; NAMING THE NORTH FIELD AT SPRUCE CREEK ROAD PARK, LOCATED AT 481 CENTRAL PARK BOULEVARD; THE NORTH FIELD SHALL BE NAMED “LEMERAND FIELD”; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 14-6 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mayor Green suggested the name be changed to L. Gale Lemerand Field. Council agreed.

 

Motion carried unanimously by roll call vote.

 

 

CITY ATTORNEY (Margaret Roberts)

 

22. City Attorney Comments

 

There were no City Attorney Comments.

 

CITY MANAGER (Greg Kisela)

 

23. First Reading – Ordinance No. 2014-3 – Amending the Port Orange Fire and Rescue Pension Fund, Chapter 54, Article IV

 

Mayor Green read Ordinance No. 2014-3.

 

ORDINANCE NO. 2014-3

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, OLUSIA COUNTY, AMENDING CHAPTER 54, ARTICLE IV, CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA, ENTITLED FIRE AND RESCUE PENSION FUND; AMENDING SECTION 54-77, DEFINITIONS; CORRECTING CODIFICATION ERRORS FROM ORDINANCE NO. 2010-26, ORDINANCE NO. 2012-19 AND ORDINANCE NO. 2012-36; AMENDING SECTION 54-81, CONTRIBUTIONS; AMENDING SECTION 54-82, RETIREMENT BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 54-100, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2014-3 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Shannon Lewis, Assistant City Manager, said this is a clean up ordinance. She provided details of the issues with the codification of previous ordinances.

 

Councilman Bastian asked why it took so long for this ordinance to come forward. Ms. Lewis said she has been involved for several months and it has taken that long to get the attorneys to agree to the format.

 

Ms. Roberts advised Council that the 2010 ordinance did not get codified and it was not discovered until after the 2012 ordinance that resolved the fire pension negotiations. It took a substantial amount of time to go through each of the ordinances during that time frame.

 

Councilman Ford doesn’t like the time Attorney Jim Linn takes to review and provide feedback.

 

Motion carried unanimously by roll call vote.

 

24. First Reading – Ordinance No. 2014-8 – Audit & Budget Advisory Board Amendment

 

Mayor Green read Ordinance No. 2014-8.

 

ORDINANCE NO. 2014-8

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 2, ARTICLE III, DIVISION 5 REGARDING THE AUDIT AND BUDGET ADVISORY BOARD; REMOVING EX-OFFICIO MEMBERS OF THE BOARD; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2014-8 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford thanked the City Attorney for the speed in completing this ordinance.

 

Mr. Noftall asked why the ordinance is being changed. Mr. Kisela said it stifles communication between the City Manager and the Finance Director. Mr. Noftall asked if it recreates a Sunshine Law violation. Ms. Roberts said the language itself does not. Councilman Ford said it does create an opportunity for a potential Sunshine Law violation.

 

Motion carried unanimously by roll call vote.

 

25. City Manager Comments

 

Mr. Kisela said the Golf Course renovation workshop is scheduled for Tuesday, March 4, 2014 at 5:15 p.m. and the Sunshine Law Training is scheduled for Monday, April 7, 2014 from 4:00 – 8:00 p.m. Barbara Peterson from First Amendment Foundation and Judge Chris Kelly will be the panel.

 

Bailey Berman, Youth Advisory Board, is afraid high schoolers may not be able to attend because of homework issues.

 

COUNCIL COMMITTEE REPORTS

 

26.   City Council Committee Reports

a.      City Investment Committee – Councilman Kennedy reported that the economy is doing pretty well so the investments have been fairly well. The current fund has a market value of $30,561,962.

b.      Transportation Planning Organization (TPO) – Councilman Ford reported that TPO meets February 26, 2014. They are asking for priority funding. He encouraged Council to ask TPO for funds for the trails in Riverwalk.

c.      Library Advisory – Councilman Bastian reported that the meet next week.

d.      Fire Pension Board – Councilman Ford said there was no quorum. There is a Special Meeting on February 26, 2014.

e.      Police Pension Board - Councilman Kennedy reported that the auditors are still saying the City has not responded to their requests. Councilman Kennedy said the City has provided a response. The Board directed the auditors to provide the audit at the next meeting. The Plan Administrator has retired. The Board is looking at applications for a replacement. The actuary report is complete. Councilman Bastian asked about streamlining the plan administrators. Mr. Kisela said Staff is looking at it already and will bring back a recommendation.

f.        General Employees’ Pension Board – Councilman Bastian reported the market value as of January 31, 2014 was $27,756,543. It is funded at 84.4%. The unfunded amount is $4.7 million. The plan is at 4.08% for the fiscal year.

g.      YMCA - Councilman Bastian said there was a fundraiser and no reports were provided. 

h.     Volusia Council of Governments (VCOG) - Mayor Green provided information to Council Members. Homelessness was discussed.

i.        Volusia League of Cities – Mayor Green reported Port Orange is the host on March 27, 2014 at the Chamber.

j.         ArtHaus – Vice Mayor Burnette reported February 13, 2014 was the annual meeting. Art show is still going on at ArtHaus.

k.      Port Orange/South Daytona Chamber of Commerce – Report provided by Debbie Connors of the Chamber.

l.        Golf Course Board of Directors – Councilman Ford reported that the meeting is next Tuesday.

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

 

ADJOURNMENT: 9:35 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk