REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

MAY 6, 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

 

Deb Denys, County Council Member, gave kudos to Council and Staff for the grand re-opening of the All Children’s Park. She thanked all for their work in the community. Mayor Green thanked the County Council Members for their work regarding the Pioneer Square project proposal. 

 

SPECIAL AWARDS, REPORTS, RECOGNITION, AND PROCLAMATIONS

 

4.        Teacher Appreciation Week Proclamation

 

Mayor Green read a proclamation for Teacher Appreciation Week. Council Members thanked all teachers.

 

5.        Recognize Public Utilities staff for two prestigious awards, “Most Improved Class (A) Water Plant Award” and “2013 Plant Operations Excellence Award”

 

Jason Yarborough, Public Utilities Director, recognized the Public Utilities Staff for earning the “Most Improved Class (A) Water Plant Award” and the “2013 Plant Operations Excellence Award”.

 

Council thanked Staff for their commitment and hard work.

 

Mr. Yarborough invited all to the Open House on May 17, 2014 at 10:00 a.m. at Garnsey Water Plant.

Mayor Green asked Boy Scout Troop 456 Member to introduce himself. Mark Burke, Scout, introduced himself. He is working on the Citizenship in the Community Merit Badge and First Class Rank.

 

BOARD REPORTS, APPOINTMENTS, AND INTERVIEWS

 

6.    Environmental Advisory Board Update

 

Suzanne Grubbs, Chairperson, provided details of the Board’s recent meeting. Mayor Green asked how to stop the cast net fishing and the debris being left behind on the walkways. He would like the ordinance reconsidered. Vice Mayor Burnette objects to the sewer line being funded by the State to the City of Daytona Beach. Councilman Ford is looking forward to the debate regarding the discharging into the Halifax River and the “socks” on the reclaimed water system. He is also concerned with drainage from the roads into the river.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Ray Donadio, President of Port Orange/South Daytona Chamber of Commerce, thanked Council and Mr. Kisela for the teamwork and assistance from them and Staff on recent events.

 

Newton White, citizen, addressed Council regarding the weather Wednesday night and the drains near his home. He had trouble reaching Staff after hours. He thanked Mr. Kisela for his personal assistance that night. He is concerned that there was no emergency number to call after hours.

 

Melissa Siegfried, citizen, invited Council and the public to the 4th Annual Wiffle Ball Tournament on May 24, 2014 at Coraci Park. She asked all to vote for Ball Parks 4 Him to receive $25,000 from State Farm Insurance.

 

Tom Menocal, citizen, addressed Council regarding Citizen Connection. He believes it works well. He suggested Council use the system as well. He does not agree with the LED lights on signs. He believes they should be discontinued. 

 

Ted Noftall, citizen, addressed Council regarding public records and the Electronic Information System Ordinance. He believes Council needs to include themselves in the Ordinance. He also believes the Ordinance is overly broad and needs to be clarified. He has asked for information during Council meetings that has never been provided. He disagrees with the number of items on the Consent Agenda.

 

Mayor Green asked candidates to introduce themselves. John Junco, District 4 Candidate; Sonya Laney, District 1 Candidate; and Newton White, District 4 Candidate; introduced themselves. Councilman Ford and Vice Mayor Burnette are running for re-election and also introduced themselves. Mayor Green encouraged residents to get to know the candidates before voting.

 

COUNCIL COMMENTS

 

7.    Comments/Concerns from Council Members

 

Councilman Ford agreed with Mr. White’s request for an emergency contact number for after hours (non-police and fire) issues. He would like Council to discuss an emergency response number 24 hours per day. Mary Anderson, Public Works Director, advised that the non-emergency police number receives those calls during normal hours. Mr. Kisela agreed an emergency after hours contact number is necessary. He will look into it. Council agreed with the request.

 

Vice Mayor Burnette believes Council will need to discuss salary wage increases for the upcoming budget. He asked for a ten year history to review. He reminded all of the District 2 & 3 meeting on Thursday, May 8, 2014 at 5:30 p.m. at Fire Station 74. Vice Mayor Burnette is concerned with the water billing cycle and the late fee policy. He believes it needs to be discussed by Council. The late fee is not listed on the bill and there is not enough time for people to react to the bill.

 

Councilman Bastian agreed with both issues from Vice Mayor Burnette.

 

Councilman Kennedy addressed the FPL power lines that will interfere with the rides for Family Days. He wants Staff to find a new place for the rides because it is a huge part of the event. Mr. Kisela said Staff is already working with the Family Days Staff and FPL on this issue. Councilman Kennedy asked to be kept informed on the status.

 

Mayor Green disagreed with the issues relating to the billing cycle. He believes the Code Officers need to watch for code issues on Saturdays. He sees a lot of signs up over the weekends.

 

CONSENT AGENDA

 

8.    Approval of Minutes

a.    April 22, 2014 – Regular City Council Meeting

9.    Construction Activity Report

10. Crime Report

11. Piggyback Agreement with Sunshine State Officials Association, Inc.

12. Change Order #1 to the current contract with Pace Analytical Services, Inc. dated October 15, 2013

13. Change Order #1 to the Piggyback Agreement with Ferguson Enterprises, Inc. dated January 7, 2014

14. Miller Pipeline, LLC and Approval of Change Order #3 under Sewer System Rehabilitation Services Contract

15. Change Order #2 to the Wraparound Agreement with HD Supply Waterworks, LTD dated September 17, 2013

16. Request for approval to submit projects for the Volusia Transportation Planning Organization’s 2014 Transportation Improvement Program Priority List

17. Piggyback Agreement for Governmentjobs.com Services

18. Award of Contract to Magellan Advisors, LLC for RFP #14-11, Information Technology Risk Assessment

19. Service & Support Agreement with E.J. Ward for Automated Fuel Control System purchased April, 2013

20. Approval to utilize the National Joint Powers Alliance (NJPA) contract to purchase parts/supplies for Fleet vehicles and equipment from Triple Crown Auto Parts, Inc.

21. Investment Banking Services selection RFP #14-24

22. Emergency Repair and rental authorization to Stewart & Stevenson FDDA, LLC d/b/a Florida Detroit Diesel-Allison, and waiver of bond requirements

 

Items pulled: Councilman Kennedy asked that item #11 be pulled for further discussion. Vice Mayor Burnette and Councilman Ford asked that items #13-15 be pulled at the request of citizens. Councilman Bastian asked that further discussion be held regarding items #16 and #21.

 

Motion to approve Consent Agenda Items #8-10, 12, 17 - 20, and 22     was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

There were no public requests for discussion of Consent Agenda items.

 

Item #11 - Piggyback Agreement with Sunshine State Officials Association, Inc.

 

Councilman Kennedy asked if some of the City’s former sports officials will be hired by Sunshine State. Susan Lovallo, Parks & Recreation Director, said yes, some of the adult officials from the City sign on with Sunshine State and they are allows looking to hire more officials. The City has had a contract with Sunshine State for a few years with success.

 

Motion to approve item #11 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

Item #13 – Change Order #1 to the Piggyback Agreement with Ferguson Enterprises, Inc. dated January 7, 2014

 

Councilman Ford is concerned with the number of change orders coming before Council. He asked for information on when a change order is required. He also asked for Council’s consent to adopt a policy on when a change order is appropriate. Mayor Green asked for a checklist. Councilman Bastian asked that all change orders be discussed rather than placed under consent. Council disagreed because the item can easily be pulled, if necessary. Vice Mayor Burnette asked for more information to be included regarding the process when piggybacking is being requested. Mr. Kisela advised that Staff makes sure of the integrity of the bidding process when recommending to piggyback a contract. He explained the change orders are needed due to the ramped up efforts relating to the water meter replacement project.

 

Motion to approve item #13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mike Gardner, citizen, agreed with Councilman Ford’s comments. He is not concerned with the dollar amounts with this item but more concerned that these items have doubled in a short time. He didn’t see any increase in the water meter replacement project. He asked if production has increased. Mr. Kisela said it’s for upcoming replacements.

 

Mr. Yarborough advised that Staff has installed over 4,000 meters and another 5,000 more will be installed by National Metering over the summer. The City is buying the materials. City Staff has installed more meters quicker than expected.

 

Mr. Noftall asked if the materials are being inventoried or expensed. Mr. Kisela said inventoried. Mr. Noftall asked how often inventory checks are being done. Mr. Yarborough said he has implemented inventory checks more often than before. Wayne Saunders, Finance Director, confirmed that all inventory checks go through the HTE accounting system.

 

Councilman Bastian asked if the project was underestimated. Mr. Kisela said yes, some but Staff has also ramped up the efforts on the project.

 

Motion carried unanimously by roll call vote.    

 

Item #14 - Miller Pipeline, LLC and Approval of Change Order #3 under Sewer System Rehabilitation Services Contract

 

Motion to approve Item #14 was made by Councilman Ford, and Seconded by Vice Mayor Burnette.

 

Mr. Noftall asked if cost accounting is being done for the contract with Ponce Inlet. He asked what costs are incurred to provide water to Ponce Inlet. Mr. Kisela said there are Cost of Service Studies for Daytona Beach Shores, The Fly-In, and Ponce Inlet. He is not sure when they were last done. 

 

Motion carried unanimously by voice vote.

 

Item #15 - Change Order #2 to the Wraparound Agreement with HD Supply Waterworks, LTD dated September 17, 2013

 

Motion to approve item #15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Gardner had a concern with the increase. Mayor Green asked if the number of problem meters has changed. Mr. Kisela explained that the warranty meters were changed out first in 2013. Now City Staff has been trying to replace the zero read meters. Mr. Yarborough explained that when one meter fails in a box, both meters are being replaced because they will not both be read by the tower and a manual read would still be necessary.

 

Councilman Ford asked if the same materials are being purchased by two different vendors. Mr. Yarborough said HD Supply is the distributor for Sensus products.

 

Motion carried unanimously by voice vote.

 

Item #16 - Request for approval to submit projects for the Volusia Transportation Planning Organization’s 2014 Transportation Improvement Program Priority List

 

Motion to approve item #16 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Bastian asked if this item is for the Riverwalk project phase between Ocean Avenue and Dunlawton Avenue and how the cost breaks down. Mr. Kisela said yes, it is for Ocean Avenue to Dunlawton Avenue. Wayne Clark, Community Development Director, advised that $500,000 is for the southern phase, $250,000 for the middle section, and the 7-8% design fee. It is an estimate at this time. Mr. Kisela said there is a total of 2,500-2,600 linear feet. This is 1,600-1,700 of that total amount. It is an elaborate project.

 

Motion carried unanimously by voice vote.

 

Item #21 - Investment Banking Services selection RFP #14-24

 

Motion to approve Item #21 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Bastian asked how much is going to be saved. Mr. Kisela said the estimate based on the proposals is approximately $2.5-3 million will be gained from the refinance.

 

Mark Dalvin, South West Company, explained the options. Council can stay with the current debt service and have $2.5-3 million for the project or get $4.5 million if the term is extended five years. Mr. Kisela said this approach pays for phase 1 with the grants applied for. Further south is questionable based on further grants. 

 

Motion carried unanimously by voice vote.

 

FINANCE (Wayne Saunders)

 

23. First Reading – Ordinance No. 2014-14 – Authorizing Issuance of Capital Improvement Refunding Revenue Bonds Series 2014

 

Mayor Green read Ordinance No. 2014-14.

 

ORDINANCE NO. 2014-14

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $18,500,000 CAPITAL IMPROVEMENT REFUNDING REVENUE BONDS, SERIES 2014, TO REFUND THE CITY’S OUTSTANDING CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2004, TO FUND CAPITAL IMPROVEMENTS AND TO REFUND OTHER DEBT; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM EXCISE TAXES AND/OR OTHER NON-AD VALOREM REVENUES; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2014-14 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

 

Mr. Gardner asked if the amount of debt is going up. Mr. Kisela said the debt service payment is not changing. Peter Dame, Bond Counsel for the City, said the principal amount is going up but the debt service is staying the same because of lower interest rates. Mr. Gardner is concerned with the principle amount going up. Mr. Kisela said that was the intent of the refinancing, so that phase 1 of the Riverwalk Park can be funded.

 

Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

24. Sunset Cove Traffic Calming Study Presentation by Zev Cohen & Associates, Inc. (ZCA)

 

Dwight Durrant, Zev Cohen & Associates, Inc., provided details of the traffic study as requested by Council. They looked at speeds, conditions, and cut-through traffic. They did not find excessive speeding. They did find that a stop sign was often ignored. Their suggestions are to add a three-way stop sign and two crosswalks.  

 

Councilman Ford agreed with the recommendations. He’d like a follow up report after 6-8 months if these changes are made.

 

Vice Mayor Burnette also agreed with the recommendations provided in the study.

 

Councilman Bastian agreed with starting small.

 

Councilman Kennedy believes the crosswalk suggestion is the right thing to do.

 

Mr. Kisela asked Council to discuss funding of these recommendations. He believes the perception of speeding is greater than the reality. The costs are estimated at $30,000. Those costs are not currently budgeted.

 

Motion to install the three-way stop sign soon was made by Councilman Ford, and Seconded by Vice Mayor Burnette.

 

Mr. Durrant will be providing a plan with Council’s direction to include costs.

 

Motion carried unanimously by roll call vote.

 

PARKS & RECREATION (Susan Lovallo)

 

25. Resolution No. 14-23 – Amending the Parks & Recreation Fee Resolution

 

Mayor Green read Resolution No. 14-23.

 

RESOLUTION NO. 14-23

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING REVISED SPONSOR FEES AND REGISTRATION FEES FOR CITY SPONSORED YOUTH AND ADULT ATHLETIC PROGRAMS, PLAYGROUND PROGRAMS, ADULT PROGRAMS, AND CLASSES; ESTABLISHING REVISED NON-RESIDENT REGISTRATION FEES FOR ACTIVITIES; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 14-23 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Bastian has received a complaint that City fees are at the top. He has been assured by Staff that they are not. He would like a long term approach to stay competitive. Mr. Kisela said Staff will continue to monitor the fees and let Council know if changes are needed.

 

Councilman Kennedy agreed. He wants the fees to stay competitive.

 

Mayor Green asked to have Bob Davis, Hotel/Motel Association, present to Council regarding the impact on the community from special events.

 

Councilman Ford wants to keep fees affordable to all children in the community, as well as those coming in for tournaments.   

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

26. City Attorney Comments

 

There was nothing to discuss.

 

ADMINISTRATION (Greg Kisela)

 

27. Resolution No. 14-22 – Volusia County Manatee Conservation Fund Grant Application

 

Mayor Green read Resolution No. 14-22.

 

RESOLUTION NO. 14-22

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FINANCIAL ASSISTANCE TO VOLUSIA COUNTY, MANATEE CONSERVATION FUND GRANT PROGRAM FOR ON-THE-WATER LAW ENFORCEMENT OF THE HALIFAX RIVER AND OTHER WATERWAYS BY THE PORT ORANGE POLICE DEPARTMENT MARINE UNIT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS OR CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 14-22 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Vice Mayor Burnette voiced concerns with the amount of Staff time spent on such a small grant.

 

Motion carried unanimously by roll call vote.

 

28. City Manager Comments

 

Mr. Kisela reminded Council of the Budget Workshop scheduled for Saturday, May 10, 2014 at 8:30 a.m. at the Adult Activity Center as well as the District meeting on Thursday, May 8, 2014 at 5:30 p.m. at Fire Station 74.

 

ADJOURNMENT: 8:45 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, CMC

City Clerk