REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MARCH 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
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. Toby Wagner – Financing Options for Riverwalk
Toby Wagner, Southeastern Financial Securities, provided options for financing the Riverwalk Park. The 2004 Capital Improvement Revenue Bond can be refinanced at a lower interest rate to fund the project. The Bond is callable on April 1, 2014. He and Staff are asking for direction.
Mayor Green agreed with exploring the refinancing of this Bond.
Councilman Ford believes it makes sense to refinance. He would like to use those funds for Council priorities.
Vice Mayor Burnette would like to see a comparison of the interest savings. He’s also not sure what the need is for the Riverwalk Park. He does agree that it is the right thing to do.
Councilman Bastian agreed that it makes sense to move forward.
Councilman Kennedy also agreed. He would like to see some debt paid down along with funding for some projects including Riverwalk.
Greg Kisela, City Manager, understands what Council is looking for and will bring back information.
5. Comments/Concerns from Council Members
Councilman Kennedy received a phone call from a resident with Town Park relating to removal of Oak trees. Mr. Kisela said some residents want to see the Oak trees removed and some wanted them to stay. The sidewalks, driveways, and roads are being damaged, which means some trees may need to be removed. Councilman Kennedy asked for the status of the paving plan. Mr. Kisela said the contracts are in the works and the plan will be implemented within 30-45 days. Councilman Kennedy asked what the status is of the color of the Police cars. Jerry Monahan, Police Chief, said the newer cars are back to the old color scheme.
Councilman Bastian voiced concern with the FPL smart meters being installed. For those wanting to stay with the old meters will be required to pay extra fees.
Vice Mayor Burnette asked what the status of the traffic study is for Dunlawton. Mr. Kisela said it is still in the works with the County. Vice Mayor Burnette said Council should consider lighting with the landscaping up and down Dunlawton east of Nova. Mayor Green said lighting in medians is more complicated than one would think. The speed limit, curves, etc. all have to be just right. Vice Mayor Burnette asked when a report would be provided relating to the water main break. Mr. Kisela said he has information to provide from the initial 24 hour report. He is concerned with the speed of the drop in the water pressure. Staff has asked consultants to look into the reasoning for the water pressure dropping so quickly. Vice Mayor Burnette voiced concerns regarding the lack of bids. Mr. Kisela said Staff is looking into the issues. Staff will bring a report back on the March 25, 2014 meeting agenda. Vice Mayor Burnette asked if the bidding process should be outsourced. Mr. Kisela said he will complete the analysis of the bidding process and will bring back a recommendation.
Councilman Ford would like to see better public relations when issues happen. He suggested implementing a valve testing program. He asked Council to vote on a new reporting system from the golf course. He would like to see all of the accounts relating to the course, to include the R&R fund and the clearing account. Councilman Ford believes that will provide the full picture of the course finances. Council agreed. Councilman Ford reported that Jackson Street north of Nova Road is having trouble again with speeding, driving on yards, etc. Mr. Kisela said Staff will provide options. Councilman Ford asked if an assessment can be done regarding striping. He also would like to know if there is anything Staff can do regarding the U-turns at the Target entrance. Mr. Kisela said the light being fixed at Yorktowne Blvd. should help that issue.
Mayor Green reminded all of the Volusia League of Cities dinner next Thursday, March 27, 2014 at 6:00 p.m.
BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
6. Citizen Advisory Committee for TPO
Bobby Ball provided the CAC for the TPO report. The Debary SunRail Open House is scheduled for March 29, 2014 at 9:00 a.m.
7. Audit & Budget Advisory Board Report
Ted Noftall, Chairman, provided details of the most recent Board meeting. The Board passed three recommendations for Council including the need to accrue revenues monthly, the need for the City to keep the finance records open until the 15th of the following month to reconcile it completely, and the need for the golf course financial reports to include all accounts. The Board also discussed the budget development and review process. The draft audited statements were discussed, as well as the purpose of the Board.
Mark Schaffer, member, said the Board had several materials provided prior to the meeting and they had time to review the documents. He is concerned with the antiquated ways being used to reconcile the bank statements.
Corey Berman, Vice Chair, asked Council to read the duties listed in the Ordinance.
Mayor Green thinks the meeting with the Board will help determine the duties of the Board.
Councilman Ford believes the Board has helped him grow in financial understandings. He is also concerned with the budget schedule. He doesn’t feel like Council is involved in the process.
Mayor Green asked for departments to make presentations to Council. Mr. Kisela said that has been done in the past but last year was a global approach. The May 10th meeting will include the draft budget as discussed at the Visioning Workshop and the goals and priorities set.
Councilman Ford wants to get materials beforehand so that proper review can be done. Mr. Kisela agreed and said the January meeting provided direction to Staff to build the budget. Vice Mayor Burnette believes the City Manager has done a good job including the Council on the strategic side. He hopes it will continue at the May meeting as to the functional side of the budget.
Councilman Kennedy believes the process as Mr. Kisela has implemented is better than the Department Heads providing several presentations over several months, which left Council overwhelmed.
CITIZEN PARTICIPATION (Agenda)
8. Update from Florida Hospital by Regional CEO Daryl Tol
Daryl Tol, Regional CEO of Florida Hosptial, provided an update to Council. Florida Hospital is the largest private employer in Volusia County and has 309 employees in Port Orange.
9. Update from Alliance of Port Orange Homeowner’s Associations – Karen Koch
Karen Koch, President of the Alliance of Port Orange Homeowner’s Associations, provided an update on the Alliance.
Council Members thanked her for her service with the Alliance.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
John Cheney, citizen and owner of Tuff Turf Landscaping, explained why he believes there were no bids. The RFP required 26 mowers (reduced to 20), which would also require at least 50 employees. He has seven mowers and has cut the City grass for 15 years. He voiced other concerns regarding boundaries and unanswered questions.
Mr. Noftall asked if the auditor’s management letter has been received. Mr. Kisela said it is expected tomorrow. Mr. Noftall asked if the employee who had an accident with a mower was drug tested and if there was any damage to the mower. Mayor Green said information will be provided. Mr. Noftall believes changes are needed in the City.
Roy Lenois, Artesian Pools (contractor for YMCA pool repair), thanked Staff for their assistance. He talked to Council regarding the bidding process being used in Port Orange. He believes the bidding package is too much for contractors to understand. He suggested reviewing the bidding package and making it easier to understand. He volunteered to discuss the bidding package with Staff to provide a contractor’s point of view.
Corey Berman, citizen, addressed Council regarding camping in parking lots. He suggested raising the speed limit on Yorktowne Blvd. to help with the u-turns.
Lianne Mason, citizen of Crane Lakes, addressed Council regarding bus benches and the advertising on them.
10. Approval of Minutes
a. January 11, 2014 – Visioning Workshop
b. February 18, 2014 – Special City Council Meeting
c. February 18, 2014 – Regular City Council Meeting
d. February 25, 2014 – Regular City Council Meeting
11. Staff Reports - Building Activity Report and Monthly Development Activity Report for February, 2014
12. Major Special Event Request – The John E. Mealy Memorial VFW 3282 open house and parade honoring all Vietnam Veterans
13. Contract with PropertyRoom.com
14. Bid 14-03 Cambridge Canal Phase I Bank Armoring – Change Order No. 2 with P&S Paving, Inc. and Standard Contract for Services with Southeast Construction Products, Inc.
Councilman Ford asked that items #13 and 14 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 Ford has received a concern from an employee relating to the decrease in revenue from auctions. Chief Monahan reminded Council that they approved PropertyRoom.com recently. The previous vendors used recently were not providing enough revenue. Staff researched other options and this is the best option.
Motion to approve Consent Agenda Item #13 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Item #14 – Councilman Ford asked if Staff is taking $400,000 out of the bid so that Staff can buy it themselves and save the taxes. Mr. Kisela said yes. Councilman Ford agreed with the item.
Motion to approve Consent Agenda Item #14 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
15. First Reading – Ordinance No. 2014-10 – Rezoning/Administrative Rezoning from NP and CI to CI, 619 Lemon Street, Case no. 14-60000001
Mayor Green read Ordinance No. 2014-10
ORDINANCE NO. 2014-10
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING PROPERTY CONSISTING OF APPROXIMATELY 1.19 ACRES LOCATED AT 619 LEMON STREET FROM “NP” (NEIGHBORHOOD PRESERVATION) AND “CI” (COMMERCIAL INDUSTRIAL) TO A SINGLE ZONING DISTRICT OF “CI” (COMMERCIAL INDUSTRIAL); AUTHORIZING REVISION OF THE OFFICIAL ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Tim Burman, Planner, provided details of the property and the request for rezoning so that it is compatible with future land use.
Councilman Kennedy asked if the survey issues were completed. Mr. Kisela said the surveys have been done. If there are any issues remaining, it is a civil matter.
Councilman Ford would like to have the minutes of the Planning Commission meetings when items come before the Council.
Mr. Schaffer asked where left turns are being allowed. Mayor Green said the documents would have to be provided. A traffic study was done. He would like Council to reconsider the left turns.
Motion carried unanimously by roll call vote.
16. Resolution No. 14-9 - Case No. 14-35000001/Proposed Easement Vacations – Lot 2, Block 1, Countryside Commercial Center Phase I Subdivision
Mayor Green read Resolution No. 14-9.
RESOLUTION NO. 14-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; CONDITIONALLY VACATING VARIOUS PLATTED EASEMENTS LOCATED ON LOT 2, BLOCK 1 OF THE COUNTRYSIDE COMMERCIAL CENTER PHASE I SUBDIVISION IN CONJUNCTION WITH THE PROPOSED WAWA DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 14-9 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
17. Site Improvements Agreement for the Dunlawton Yorktowne Site Plan, Southeast Corner of Dunlawton and Yorktowne Blvd., Case no. 13-80000004
Motion to approve item #17 as presented was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
FINANCE (Wayne Saunders)
18. Resolution No. 14-10 – Budget Appropriation – Fire Apparatus
Mayor Green read Resolution No. 14-10.
RESOLUTION NO. 14-10
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 adopt Resolution No. 14-10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Vice Mayor Burnette asked if the funds are from the FY2015 CIP. Wayne Saunders, Finance Director, said it is coming from the Fleet Reserves. Mr. Kisela said Staff thought the purchase could be replaced later but the maintenance costs are too high.
Joe Pozzo, Fire Chief, said the truck failed ladder inspections recently and should be replaced. He provided details of the replacement of the truck.
Councilman Bastian asked if the truck will fit in the stations. Chief Pozzo said it will be housed at Station 72 on Spruce Creek Road. It will not fit at the older stations.
Councilman Kennedy asked how the Fire Department will handle the condominiums to come. Chief Pozzo said they are currently working on the plan details.
Motion carried unanimously by roll call vote.
FIRE DEPARTMENT (Joe Pozzo)
19. Purchase of a 75’ Quint Fire Apparatus
Motion to approve the purchase of a 75’ Quint Fire Apparatus was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Noftall asked how many fires the old truck went to. Mayor Green does not know the answer. Mr. Noftall asked if Staff looked into two $400,000 trucks versus one $800,000. Mayor Green said the difference is the distance of the reach.
Motion carried unanimously by roll call vote.
PUBLIC UTILITIES (Jason Yarborough)
20. First Reading – Ordinance No. 2014-11 – Amending Reclaimed Water System Protocol
Mayor Green read Ordinance No. 2014-11.
ORDINANCE NO. 2014-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE CODE OF ORDINANCES, SECTION 74-202(c) RELATING TO RECLAIMED WATER SYSTEM PROTOCOL, AVAILABILITY STANDARDS; PROVIDING FOR INCENTIVES FOR INCREASED CONSUMPTION TO BE AUTHORIZED BY THE CITY MANAGER; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
21. First Reading – Ordinance No. 2014-12 – Electronic Information System utilized by City Board Members
Mayor Green read Ordinance No. 2014-12.
ORDINANCE NO. 2014-12
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA, FLORIDA; ESTABLISHING STANDARDS FOR THE ELECTRONIC INFORMATION SYSTEM UTILIZED BY CITY BOARD MEMBERS; PROVIDING FOR THE PURPOSE, GENERAL MATTERS, APPLICABILITY; PROHIBITED ACTIVITIES, SECURITY ISSUES, PUBLIC RECORDS MANAGEMENT AND PENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-12 on First Reading was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Councilmen Kennedy and Bastian both agreed with the Ordinance.
Vice Mayor Burnette supports the Ordinance.
Councilman Ford asked that Section 2-57(a) be changed from “shall use” to “shall be encouraged to use” because he is concerned with Board Members forgetting to check their email accounts.
Margaret Roberts, City Attorney, advised Council that she provided the draft to the outside legal counsel. He encouraged the use of the word “exclusive”. Ms. Roberts advised that this is the best management practices in this legal realm for defending the City when it comes to public records maintenance and public records responses. Councilman Ford disagreed and doesn’t believe Ms. Roberts is correct.
Mr. Kisela pointed out item (d) under Section 2-57. The Clerk’s Office can send an email to the personal accounts advising they have mail on the City account.
Vice Mayor Burnette agreed with item (d) and wants to protect the City from potential lawsuits without discouraging citizens from volunteering.
Mr. Kisela advised that the Sunshine Law training is scheduled for April 7, 2014 and will assist with answering questions.
Stan Hetrick, citizen, agreed with the need for using City emails. He suggested the option to have emails forwarded to another account.
Robin Fenwick, City Clerk, advised that IT is working on forwarding options.
Mr. Berman requested that his information be provided via US Mail.
Mr. Noftall requested changes as follows: Section 2-58 Penalties – insert the word “monitors”. Council was not in favor of them monitoring the members for compliance. He asked that (d) be removed. He asked that Council use the language as suggested by Councilman Ford.
Mr. White suggested an opt-out instead of an opt-in for Section 2-57(d).
Mayor Green asked Ms. Roberts to provide the modifications suggested so that Council can see the changes and make an informed decision.
Motion to adopt Ordinance No. 2014-12 carried 4-1 by roll call vote, with Councilman Ford voting no.
22. City Attorney Comments
Ms. Roberts asked Council to consider and provide direction relating to zoning for medical marijuana should it be approved in the elections. Council consensus is for Staff to begin to look into the zoning impact.
Ms. Roberts asked Council if they want to update the fines and fees for citations. Councilman Ford believes it needs to be addressed but with the current work load in the City Attorney’s Office, now might not be a good time. Vice Mayor Burnette and Councilman Bastian don’t believe it’s a high priority if the fees are middle of the road. Mayor Green wants to recover the costs associated with the tickets.
ADMINISTRATION (Greg Kisela)
23. Second 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 COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; 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 approve Ordinance No. 2014-3 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
24. Second Reading – Ordinance No. 2014-7 – Amending the Port Orange Fire and Rescue Pension Fund, Chapter 54, Article IV, Sec. 54-80
Mayor Green read Ordinance No. 2014-7.
ORDINANCE NO. 2014-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING CHAPTER 54, ARTICLE IV, CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA, ENTITLED FIRE AND RESCUE PENSION FUND; AMENDING SECTION 54-80, FINANCES AND FUND MANAGEMENT; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-7 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
25. City Manager’s Evaluation
Councilman Kennedy graded Mr. Kisela a 5 out of 6 when managing the organization. He believes the City is in a good place considering all of the issues put on Mr. Kisela in his first year. He graded a 4 out of 6 in implementing policies. He has done an excellent job but there is room for improvement. Financial management was also a 4 because of the struggles. Communication was a 5. He likes the new weekly report. Leadership is a 5. There have been a lot of changes very quickly. Community relations have been good, scored a 5.
Councilman Bastian graded on a 1-5 scale. Management of the organization was a 4. Policy execution: 3 out of 5. Financial management: 2 out of 5 although he understands Mr. Kisela inherited a lot of issues. He believes there will be an increase in the score this year. Communication: 4 out of 5, he is approachable and open. Leadership is a 3.5. Community relations score was a 5. Achievements and objectives have been good, in particular the water main break, Riverwalk, and the separation of the fire and police departments.
Vice Mayor Burnette graded a 4 for managing the city. Execution of policy: 3 because of the past culture of the organization. Financial management: 2 because of the issues inherited. Communication: 4 over the past year. Leadership: 5. Community relations: 4. He would like to see timeliness of responses to citizens. 3.67 as an average but he feels it is incomplete because the progress is still ongoing with the things Mr. Kisela put into place. He asked Mr. Kisela to own up if any of the decisions he has made don’t work out.
Councilman Ford found it difficult to evaluate the City Manager. He agreed that it’s incomplete because of the ongoing progress. Management of the organization: 2.5. Financial management: 1.5. He continues to be frustrated with the financial reporting. Communications: 3 – he believes he is not given information he needs in a timely manner. He loves the new weekly update report. Leadership: 2.5, he is concerned there is too much reaction and not enough proactive measures. Community relations: 3.5. Overall: 3.75.
Mayor Green did not use a point system. He is happy with the progress of the City.
Mr. Kisela thanked Council for the comments. He didn’t realize the foundation wasn’t as strong as he thought. He knows there are issues with communication at times. City Staff is great and all want to move in the right direction.
26. City Manager Comments
Mr. Kisela provided the proposed agenda for Volusia Days. He advised that Staff asked the auditor if the reversal of the golf course payments was appropriate. The auditors said yes, it is a generally accepted accounting principle.
ADJOURNMENT: 9:28 p.m.
Mayor Allen Green
Robin Fenwick, CMC