SPECIAL CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
DECEMBER 20, 2012
THE SPECIAL CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 4:30 p.m.
Pledge of Allegiance
Roll Call: Present: Councilman Bob Ford
Councilman Drew Bastian
Councilman Dennis Kennedy
Vice Mayor Donald Burnette (Arrived 4:31pm)
Mayor Allen Green
Also Present: Kenneth W. Parker, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, City Clerk
4. Second Reading - Ordinance No. 2012-36 – Revision for Fire Pension Ordinance in accordance with 2012-2014 Port Orange Professional Firefighters Association (IAFF) Collective Bargaining Agreement (CBA)
Mayor Green read Ordinance No. 2012-36.
ORDINANCE NO. 2012-36
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; AMENDING SECTION 54-81, CONTRIBUTIONS; AMENDING SECTION 54-82, RETIREMENT BENEFIT AMOUNTS AND ELIGIBILITY; AMENDING SECTION 54-91, MAXIMUM PENSION; AMENDING SECTION 54-100, DEFERRED RETIREMENT OPTION PLAN; CREATING A NEW SECTION 54-104. Benefits and Contribution for Members Hired on or after December 4, 2012; CREATING A NEW SECTION 54-105, STABILIZATION FUND; PROVIDING THAT CERTAIN BENEFIT CHANGES SHALL NOT APPLY TO MEMBERS WHO HAVE ATTAINED ELIGIBILITY FOR NORMAL RETIREMENT; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2012-36 was made by Councilman Kennedy and Seconded by Councilman Bastian. 4-1 Mayor Green voted no.
5. Purchase Sensus Flex
Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit
water consumption (Tabled on October 16, 2012 & December 11, 2012)
This item was removed from the Agenda prior to the meeting and will be placed on the January 8, 2013 agenda.
6. RFP for Auditing Services
Margaret Roberts, City Attorney, provided details of Addendum #2 and the Alternate to Addendum #2. The auditor will review records back to 2006 to determine if Staff has made changes pursuant to the audit reports and comments. The fiscal year was changed from FY11 to FY12 on the alternate draft.
Vice Mayor Burnette asked if the methodology will be explained in the bids by the bidder. Ms. Roberts explained that the RFP is for a consulting service and there are standards developed already. Stella Gurnee, Comptroller, advised that it has already been answered to the proposed bidders in the questions from proposed bidders on Addendum #1.
Councilman Ford is recommending Council establish an Audit/Budget Committee in the near future. Mayor Green agrees as long as the criteria is set for the members.
Councilman Bastian asked if the auditor will be present for questions or just provide written reports. Ms. Roberts said initially they will meet with Council members individually but will also attend a meeting to provide the public with the same information.
Councilman Ford asked if Council needs an “opinion” from the auditor rather than a recommendation. Ms. Gurnee advised that the outside auditor renders an opinion that the financial statements are presented fairly. There is a different set of rules for this type audit and consulting service.
Ted Noftall asked if it is attest function or a consulting service. Ms. Roberts said it’s written as a consulting service. Mr. Noftall asked Mayor Green to call it a consulting service request and not a forensic audit. Ms. Gurnee advised that question #23 provides the answer that forensic audits are performed under AICPA consulting standards.
Councilman Ford asked if Council will be able to rely on the “opinions” of the auditor. Mr. Roberts explained that the auditor is a professional and will stand behind their work.
Consensus of Council is to move the RFP forward and make changes after the bids are submitted.
Motion to approve Addendum #2 – Alternate was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
7. Subornation of SHIP Down Payment Assistance Second Mortgage
Ms. Roberts gave details of the mortgage.
Motion to approve re-subornation of the SHIP Second Mortgage was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Mayor Allen Green
Robin L. Fenwick, City Clerk