REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
APRIL 22, 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
SPECIAL AWARDS AND RECOGNITION
4. A Flower Cottage, Inc. – Volusia League of Cities Dinner Flower Donation
Debbie Connors, Port Orange/South Daytona Chamber of Commerce, introduced Steve and Sherri Wronski from A Flower Cottage, Inc. Mrs. Wronski provided details of their business. Mayor and Council Members thanked Mr. and Mrs. Wronski for the flower donation.
5. Recognition Awards – Police Department
Jerry Monahan, Police Chief, and Wayne Miller, Assistant Police Chief, presented two Awards of Merit, three Awards of Heroism, one Award of Achievement, one Unit Commendation, and four Citizen Commendations.
6. Employee Recognition Awards – Fire Department
Joe Pozzo, Fire Chief, recognized Lieutenants Beau Gardner, Colleen Fitchett, Mark Straka, and Gary Wilson for their commitment to the Fire Department and their completion of the recent training sponsored by the Southeast Volusia Fire-Rescue Departments. The training was a two-year program focused on the foundational aspects of leadership such as individual leadership philosophies and styles, team building, effective communication, accountability and effective personal and employee strategies.
7. Employee Recognition Awards – Citizen Connection System
Donna Steinebach, Administrative Services Director, introduced Corey Kingsbury, Web Master, and James Hicks, IT Manager, and thanked them for their work on the Citizen Connection System recently implemented. Council thanked them for their efforts.
BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
9. Report from Kemper Sports Management regarding Cypress Head Golf Course
Ricardo Catarina, KemperSports, provided the monthly report for the golf course. Councilman Ford advised Council that a decision was made not to pay the debt service payment for this year. He recommended Council waive the debt payment until the golf course rebounds. Council agreed. Mr. Kisela has asked for projections for the remainder of the year. Crane Lakes is closing May 1, 2014 for renovations. Mr. Catarina advised that their construction personnel will come to help plan the renovations to the buildings. Councilman Ford would request a restaurant tour as well; someone who knows restaurants. Mr. Catarina advised that Rich Stanford will be assisting as well. Mr. Stanford has experience with the restaurant business. Ms. Roberts asked for a motion and second regarding the waiver of the debt service payments.
Motion was made by Councilman Ford to waive the debt service payments until on or before October 1, 2014, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
10. Audit & Budget Advisory Board Report
Ted Noftall, Chairman, provided details of the most recent Board meeting. There were no recommendations from the Board. Mr. Noftall discussed recommendations from the previous meeting: 1) the need to accrue revenues; 2) that the City books remain open for 12-15 days to allow for timely bank reconciliations; and 3) more complete golf course financial statements. He asked what the response was for the three recommendations. Mr. Kisela said Staff is looking into the recommendations and will provide a report to the Board at their next meeting (May, 2014). Mr. Noftall advised that the auditor attended the April meeting and discussed materiality thresholds and internal controls. He asked for an answer to his question regarding who is handling the design, implementation, and monitoring of internal controls in the City. He advised that the City Manager took offense to the notion of the Board reviewing the resumes and applications of Finance personnel. Councilman Ford believes it is appropriate for the Board to consider the skill sets of their jobs.
Mark Schaefer, member, discussed the best practice of account groupings from the discussion with the auditor. The Board also discussed the golf audit. The audit is a complete audit of only a portion of the golf course. He believes the City should consider a complete audit of all of the accounts. Discussion was also held at the Board meeting relating to the schedule and delays with the audit.
Sonya Laney, CPA and member, doesn’t believe the Board completely understands what an audit is and how it works. An audit does not look at every single transaction. Auditors use GASP Standards. James Moore and Company is highly respected in the accounting field. She did not hear the negative comments. She believes the Finance Director reached high and missed the mark a bit. She believes the Finance Department is under staffed and has gone through a lot of turnover. She has heard improvement in internal controls. The City is a high audit risk. The more the negativity stays in the City, the more turnover and the higher the audit risk. Training and education is constantly needed. She doesn’t believe the City will attract top vendors or personnel with the constant negative scrutiny. She is concerned with the Chairman’s comments on blogs and in emails. The Board needs to come together and work together or be disbanded. She asked Council for direction.
Mayor Green believes the Council is looking for recommendations and assistance. He doesn’t believe the Board should dictate to the Council. He wants the Board to look at the organizational chart but not individual employees; that is the job of the City Manager. He wants the Board, Staff, and Council to work together.
Councilman Kennedy doesn’t believe the Board needs to be hiring, reviewing, or firing employees. The Human Resources Department is in place to help departments with those functions. He doesn’t agree with the blog posts.
Councilman Bastian believes the employees should feel valued and welcomed not feared.
Vice Mayor Burnette doesn’t believe the Board needs to review the people in the Finance Department. They should look at the job descriptions but not the people in the positions and provide feedback for the future. Ms. Laney agrees with cross-training and continual education. She wants to see trainable employees hired and valued so they stay long term. She believes employees should be held accountable for their work but the negativity should not be happening. Vice Mayor Burnette agreed that training is necessary.
Councilman Ford agreed with valuing the employees as well as the citizens. He doesn’t know where the balance is. There is a lack of trust because of the issues over the past few years. He agreed with Ms. Laney that the Audit and Budget Board Members have been too harsh and the City Manager has been too defensive. He believes the City Manager should bring Audit and Budget Advisory Board Members in to have a dialogue with Staff. Ms. Laney agreed there must be a professional skepticism. She is asking for the Council to encourage and retain the best possible people. The consistent attacks are not helping the Finance Department. She is asking for a different approach. She wants the City Council to lead by example and encourage all of the City’s Boards. Councilman Ford asked how to deal with someone who refuses to change and comply with the new direction. Ms. Laney said they need to move on. This City needs to hold them accountable and encourage them to comply.
Mayor Green has never heard from the City Manager that everything is great. He has always said there’s a plan and Staff is working the plan. Mayor Green doesn’t like the personal attacks. He wants Staff to be selective with the training. He prefers face to face training over webinars. He wants to allow the City Manager to do their jobs and report back. Councilman Ford doesn’t believe he hears reports back from the City Manager. He wants to get the best quality work. Ms. Laney agreed there are some issues but the current path is not getting results.
Mr. Kisela advised that Staff has been working on the known issues over the past 14-15 months. Of the 24 comments provided by the auditors, 21 were handled. The results were provided to the Council and the Board. The Finance Department is not perfect but has come a long way. He is pleased with the progress of the Finance Department. Staff knows that training is needed. The turnover has been high in the department. He does not agree that the Board needs to look at the resumes of employees to determine if they are qualified to do the job they have been doing for 20-25 years in some cases. Staff is not in disagreement with some of the recommendations from the Board, but those changes take time. He doesn’t believe the witch hunts and the personal attacks have helped the City. Mayor Green asked that everyone move forward.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Mr. Noftall expressed concerns with Member Laney providing her own opinions that were not voted on by the Board. He doesn’t believe the Board is getting the needed information to perform their duties. He agreed to the need to move forward in a positive manner.
John Cheney, citizen, provided pictures of Town West Blvd. He doesn’t believe the City Staff is performing the lawn maintenance in the City to the specs of the bid and contracts.
Sonya Laney, District 1 candidate; John Junco, District 4 candidate; Newton White, District 4 candidate; Scott Stiltner, District 4 candidate, Bob Ford, District 1 candidate; and Don Burnette, District 2 candidate introduced themselves.
Mayor Green encouraged citizens to talk with the candidates and get to know the issues.
John Wilson, citizen, asked if he can ride his bicycle on the paths through Cypress Head. Mayor Green said there was a liability issue while golfers were still playing. He said it can be re-addressed. Mr. Wilson asked to allow golf carts as well.
Kelly Mullan, citizen, expressed concerns regarding her first water bill, which was over $300.00. The water department worked with her and she paid the amount over time. She doesn’t believe the due date works out fairly. Mayor Green advised that Staff will get back to her.
11. Approval of Minutes
a. April 15, 2014 – Regular City Council Meeting
12. Project Manager’s Report
13. Wrap Around Agreement with Shelley’s Environmental Systems for Wastewater Residuals Management Services and emergency purchase order
14. Case No. 13-97500005/Proposed License Agreement – Lot 23, Cypress Cove Phase II Subdivision
15. Case No. 14-97500001/Proposed License Agreement – Lot 113, Sleepy Hollow Subdivision Unit II
16. Range and Training Facility Agreements
17. Piggyback agreement with Biological Consulting Services, Inc. for Professional Environmental Services by Task Authorizations
18. Approval of Lease Extension with ArtHaus Foundation, Inc. for the City-owned property located at 3840 Ridgewood Avenue
19. Annual City Employees’ Group Health, Dental, and Life Insurance Renewal RFP#14-18
Councilman Bastian asked that item #19 be pulled for further discussion. Councilman Kennedy asked that item #13 be pulled for further discussion.
Motion to approve Consent Agenda Items #11, 12 and 14-18 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Councilman Kennedy asked for details about the piggybacking of the Shelley’s Environmental Systems contract. Mr. Kisela said Enviro did not provide a response to the notice to be replaced.
Motion to approve item #13 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
Item #19 – Councilman Bastian asked what the increase is for the insurance. Mr. Kisela said 5.6%. Councilman Bastian is in favor of the gym rider because it is inexpensive and gives the employees more options. Mr. Kisela said it was an additional $54,000 and Staff did not believe a recommendation to add the gym rider was a prudent move for the City because of the extra expense. The YMCA is available for employees at no cost. Councilman Kennedy believes $54,000 is a lot of money. Vice Mayor Burnette doesn’t agree with the price tag. Councilman Ford is not in favor.
Motion to approve item #19 as presented was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote, with Councilman Bastian voting no.
FINANCE (Wayne Saunders)
20. Monthly Finance Report
Wayne Saunders, Finance Director, provided details from the monthly finance report.
Councilman Ford doesn’t understand why the revenue isn’t going up with the change of the meters. Mr. Saunders said it can be because of the rain. The reclaimed water usage is down.
Mr. Kisela advised that an additional building inspector was hired.
COMMUNITY DEVELOPMENT (Wayne Clark)
21. Second Reading – Ordinance no. 2014-13 – LDC Text Amendment/Chapter 17, Section 30 of the Land Development Code (LDC) relating to Planned Community-Riverwalk (PC-R) regulations
Mayor Green read Ordinance No. 2014-13.
ORDINANCE NO. 2014-13
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING CHAPTER 17, SECTION 30 OF THE LAND DEVELOPMENT CODE OF THE CITY OF PORT ORANGE RELATING TO THE PLANNED COMMUNITY – PORT ORANGE RIVERWALK (PC-R) ZONING DISTRICT; AMENDING PERMITTED USES TO ALLOW PUBLIC PARKS IN ALL PROJECT TYPES; ESTABLISHING DEVELOPMENT STANDARDS FOR PUBLIC PARKS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2014-13 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 advised Council that a “shade” meeting is needed to discuss the settlement negotiations and strategy related to litigation expenditures for the case of Veolia ES Solid Waste Southeast, Inc. vs. Waste Pro USA, Inc. and City of Port Orange, Case No. 2011-32363 CICI. Council agreed to meet at 6:00 p.m. on May 6, 2014.
Motion to schedule a Special City Council Meeting as requested by the City Attorney was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.
CITY MANAGER (Greg Kisela)
23. Site Selection for Team Volusia East Volusia County Site Assessment Program
Mr. Kisela advised the County has hired a site consultant to assist the City to discuss pros and cons of the sites available for better marketing. He asked Council for feedback. Mayor Green suggested adding the old Police Department Building site. Councilman Ford agreed to the addition of the old Police Department Building. Vice Mayor Burnette said only two properties can be included. The old Police Department building is being considered for an incubator. He believes the larger lot in Eastport should be included. He thinks the lot in Eastport and the lot at Williamson and Hockney are the best choices for the list because they are shovel ready. Mayor Green believes the Williamson/Hockney property will sell itself. Mr. Kisela advised that there is a confidential discussion ongoing regarding that property. Councilman Bastian agreed with the lot in Eastport. He asked if the old fire station 72 is being used. Mr. Kisela said the building is in need of work. Councilman Bastian doesn’t believe there is much that can be done with that property. Councilman Kennedy agrees with the Eastport lot.
Mayor Green discussed apprenticeship programs in the County. It is becoming a requirement to have an approved apprenticeship program for all sub-contractors. His concern is that the programs don’t exist anymore for most of the trades. Mr. Kisela advised of a forum by Team Volusia and Daytona State College regarding the apprenticeship program gap. He confirmed the two properties to be included with the site assessment program. Council agreed to the lot behind Lowes and a lot in Eastport.
Shannon Lewis, Assistant City Manager, asked for approval to submit the smaller lot in Eastport should a contract be entered into on the larger lot in Eastport before the list is due. Council agreed.
24. City Manager Comments
Mr. Kisela asked for Council’s availability with July 21, 2014 at 4:00 p.m. at the Adult Activity Center for the Budget Workshop.
Mr. Kisela advised that the Splash Park has been closed because of some slippage.
COUNCIL COMMITTEE REPORTS
a) City Investment Committee – There was no meeting held.
b) Transportation Planning Organization (TPO) – There was no meeting held.
c) Library Advisory – There was no meeting held.
d) Municipal Firefighters Pension Board – There was no meeting held.
e) Municipal Police Officers Retirement Trust – There was no meeting held.
f) General Employees General Retirement Trust – There was no meeting held.
g) YMCA – There was no meeting held.
h) Volusia Council of Governments (VCOG) - Mayor Green reported there is a push with Volusia Team, as well as a push regarding the homelessness issue. Council does not agree to commit any money toward the homeless shelter or study.
i) Volusia League of Cities – Mayor Green reported the next meeting is coming up next week.
j) ArtHaus - Vice Mayor Burnette reported that their lease renewal was approved at this meeting. Their budget is tight.
k) Port Orange/South Daytona Chamber of Commerce - Vice Mayor Burnette reported the Morning Mix and Mingle is on May 2, 2014. Membership is over 700.
l) Golf Course Board of Directors – The report was provided by KemperSports.
m) Communications Interlocal Agency (CIA) – There is nothing to report.
ADJOURNMENT: 9:20 p.m.
Mayor Allen Green
Robin Fenwick, CMC