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


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




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.




8.    Comments/Concerns from Council Members


Mayor Green attended the County Council meeting. He has requested a joint meeting regarding the Pioneer interchange. Council Members agreed with a joint meeting. Mayor Green has to meet again on May 1, 2014. Greg Kisela, City Manager, can provide a letter to the County regarding the City Council’s position.


Mayor Green asked that the Comments/Concerns from Council Members be listed after the Citizen Participation (Non-Agenda) item.


Mayor Green reminded all of the Art Fest coming up April 25 and 26, 2014. He asked that an item (Special City Council Meeting pursuant to Section 286.011(8), Florida Statutes) be added under item #22 for the City Attorney. Council agreed.


Councilman Ford discussed meter issues. He is against major rate changes because the meters are not fixed yet. There should be an increase in the revenues and therefore, not having to raise the rates as previously recommended. He understands some minor rate increases may be needed. He asked if the number of meter replacements needs to be increased. Mr. Kisela said Staff needs to evaluate the reserves to determine if they can increase the replacement efforts. Staff will bring back further information. Councilman Ford asked if the mailbox issue on Isabelle Avenue was resolved. Margaret Momberger, Construction Engineer Manager, said Staff is working on the issue currently.


Vice Mayor Burnette asked for an update on the loss ratio for water. Mr. Kisela said the new meters have not translated into a large improvement in revenue. Staff will provide an updated report for unaccounted for water. Vice Mayor Burnette is concerned with ground water intrusion into the water system. He would like to see a report on the intrusion amounts. Mr. Kisela said Staff will provide a report. Vice Mayor Burnette was not happy with the Reverse 911 report. He believes the County should have advised the citizens and/or City Staff. He thinks the education campaign should come from County Staff and not the City. He was surprised by the numbers not included in the Reverse 911 calls. Chief Pozzo advised that he has a meeting scheduled with City Staff with ideas how to get the word out. Staff’s goal is to get as close to 100% as possible. Mr. Kisela said Staff was unaware the digital phone services were not included. Vice Mayor Burnette wants other cities and the County to assist with the notifications. Mayor Green asked about alarms at ball fields and other facilities advising of a problem. Mr. Kisela said Staff will look into the alarms.

Vice Mayor Burnette asked for a report from Pittman Law Firm. Mr. Kisela said he spoke with Seam Pittman last week and he is still working on the numbers for the Cambridge Canal monies.


Councilman Bastian is concerned with the labor attorney being involved in the negotiations with employee contracts. He doesn’t believe it is a good use of taxpayers’ funds. Mayor Green is concerned with the wrong things being said during negotiations. Councilman Kennedy understands the concerns but has seen times when it’s good to have the attorney there. Vice Mayor Burnette asked why the decision was made to bring the attorney in so early. Mr. Kisela said he agrees with the concerns but because of the number of contracts to be negotiated, he believes it is prudent to have the labor attorney there. Councilman Ford does not agree with the labor attorney being involved in the negotiations. He would rather it be done internally. The attorney should be there to call. Ms. Roberts agreed with Councilman Ford that internal training is necessary. This will provide that. The Human Resources Department does not have the experience with negotiating. Councilman Ford would rather have a negotiator provide training. He wasn’t happy with the last contracts. Ms. Roberts advised that Wayne Helsby is an expert negotiator and labor attorney. Mayor Green asked if a cap can be determined. Mr. Kisela said yes, but Staff is not at that point yet. Councilman Bastian is opposed to paying the labor attorney during negotiations. Ms. Roberts asked Council to consider the past practice of the City negotiating. Councilman Kennedy would like to establish how far apart the parties are before an extra attorney is brought in. Councilman Bastian doesn’t agree with the labor attorney attending. Mr. Kisela agreed to engage with the initial meetings with employees and then bring back a recommendation.


Councilman Bastian asked if Council is required to use the City email addresses. Ms. Roberts said the ordinance was not directed to the Mayor and Council Members. The training recently held advised that it is advisable to use the City emails. Councilman Bastian asked for an ordinance directed to Council and asked if Council can be included in the drug testing policies. Ms. Roberts said there are regulations regarding drug testing. Mr. Kisela said, other than the pre-employment testing, employees may be tested for reasonable suspicion or post accidents. Ms. Roberts said she will check into the legalities of it. Councilman Ford is concerned that Council Members may not remember to use their City email addresses. He would prefer a rule that states it is highly recommended.


Councilman Kennedy asked what’s happening with the lakes. Mr. Kisela said Staff is working on it. 




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.




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.






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. 




25. City 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

City Clerk