REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

MARCH 19, 2013

 

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

 

SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS

 

4.    Fire Pension Board Annual Report

 

Patrick Donlan, Actuary with Foster & Foster, provided the annual report to Council. UAAL went down from approximately $21 million in 2011 to approximately $19 million in 2012. The investment return was 16.77% for fiscal year 2012.

 

Councilman Ford reported that the Fire Pension Board is hoping for changes over the next few years because of personnel changes.

 

Vice Mayor Burnette asked if 8% is realistic. Mr. Donlan believes it is a reasonable assumption. Vice Mayor Burnette asked why he believes it is reasonable since the 25 year average is only 6.5%. Vice Mayor Burnette would like to know what a reasonable rate of return is for this plan. Mr. Donlan reminded Council that changes have been made to reduce the unfunded liability of the plan.

 

Councilman Bastian asked how the plan has been doing so far this year. Mr. Donlan said the rate of return is at approximately 7% so far.

 

Councilman Kennedy asked what the sustainability is for this plan. Mr. Donlan explained the changes in the plan and believes it is sustainable. The state and city contributions are enough to sustain the expenses of the plan currently. Councilman Kennedy is concerned with those in DROP because they are not paying into the plan. Mr. Donlan said when the DROP employees leave, they will be replaced with pension employees who will begin paying into the plan again.

 

Ted Noftall asked what the chances are for receiving State funds. Mr. Donlan advised that the State has long held that benefits could not be reduced below the benefits of 1999. However, that changed in 2012. It is still up in the air and he is waiting on legislature. Mr. Noftall asked if Council overpaid on this plan last year. Mr. Donlan said the City contributed more than the actuarial requirement during fiscal year 2012.

 

SPECIAL MEETING OF THE TOWN CENTER CRA

 

Council recessed to hold the Town Center CRA Special Meeting at 6:53 p.m.

 

The City Council reconvened at 7:31 p.m.

 

BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

5.    Citizen Advisory Committee for TPO

 

Bobby Ball provided the report to Council from the CAC for the TPO.

 

Phil Klema asked if Mr. Ball could talk about the Interstate 95 and Pioneer Trail interchange. Mayor Green advised that there is an item on the agenda relating to the interchange.

 

6.    Board Appointments

a.    Eastport CRA – Corey Berman and Ted Noftall

 

Motion to appoint Ted Noftall to the Eastport CRA Board with a term ending on December 7, 2014 was made by Vice Mayor Burnette, and Seconded by Councilman Ford.

 

Ted Noftall introduced himself to Council and assured them he can perform the duties required.

 

Motion carried unanimously by voice vote.

 

Motion to appoint Corey Berman to the Eastport CRA Board with a term ending on September 21, 2014 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.

 

Corey Berman introduced himself to Council and advised that he is opening a business on Dairy Court as soon as the State issues his license. He is also using this building with his current real estate business. 

 

Motion carried unanimously by voice vote.

 

CITIZEN PARTICIPATION (Agenda)

 

7.    Port Orange Blazers Organization

 

Tom Cowart asked Council to release them from their co-sponsor agreement with the City because they are folding due to lack of participation. Mayor Green asked if the requirement to have a certain portion Port Orange residents has been a negative. Mr. Cowart said yes, they wouldn’t have enough to fill the requirement. Mayor Green asked if there is something the City Council can do to help them stay together. Mr. Cowart said the City has been great to them. Mayor Green thanked him for his work in the community and with the players. Mr. Cowart said he and at least one other team is still planning to practice on the Port Orange fields paying the normal rate. The organization needs out of the contract.

 

Attorney Roberts asked Council to include in their motion the authorization for the City Manager to review and approve the Release Agreement so that it doesn’t need to be brought back for their review.

 

Motion was made by Vice Mayor Burnette to release the Port Orange Blazers from their co-sponsor agreement, and seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Greg Gimbert spoke to Council regarding the expansion of Tiger Bay for off road usage. Mayor Green advised that he has spoken with Mr. Gimbert Regarding this issue.

 

Councilman Kennedy agrees they need to be heard. He supports them.

 

Councilman Bastian asked how they can help him get a spot at the table for this discussion. Mr. Gimbert advised that Council Members can contact the Volusia County Council and other state representatives of the land.

 

Vice Mayor Burnette supports it because he believes it’s the right thing, but he didn’t like the emails.

 

Councilman Ford can go either way on this issue. He agrees with people having places for recreation but he also knows the damage ATVs can cause.

 

Mayor Green advised that his conversation with Mr. Gimbert was about getting a place at the table to discuss this topic.

 

Mr. Gimbert agreed and thanked Council for their support and consideration.

 

Ted Noftall asked for the report on the meters that was requested two weeks ago. He asked if Mr. Kisela and the Daytona Beach Shores City Manager are holding mediations. Mr. Kisela advised that he is going to ask Council tonight for authorization to enter into non-binding mediation.

 

Mr. Noftall believes Roger Smith was a thief not an innocent bystander. He believes the engineers need to be investigated.

 

CONSENT AGENDA

 

8.    Approval of Minutes

a.    March 5, 2013 – Regular City Council Meeting

b.    March 12, 2013 – Special City Council Meeting

9.    Staff Reports – Building Activity Report and Monthly Development Activity Report for February, 2013

10. Storm Drain Pipe Lining Bid Award #13-12, Project #DIP033

11. Lease Agreement with Palmer College Foundation

12. Change Order No. 2 – E.J. Ward, Inc. Vendor for the fuel system contract

13. Request for Approval to Submit Projects for the Volusia Transportation Planning Organization’s 2013 Transportation Improvement Program Priority List

 

Motion to approve Consent Agenda Items #8-10 and #12-13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Councilman Ford asked that item #11 be pulled for further discussion.  He asked about parking issues at Palmer and YMCA. Newton White advised that Palmer does not allow others to park in their lots. They have posted signs for parking with a permit only.  Mr. Kisela advised that Staff will look into it.

 

Motion to approve the Lease Agreement with Palmer was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

14. First Reading – Ordinance No. 2013-4 – Ordinance Approving the First Amendment to the Master Development Agreement for the Nova Depot Planned Commercial Development, Case No. 12-40000002

 

Mayor Green read Ordinance No. 2013-4.

 

ORDINANCE NO. 2013-4

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT FOR THE NOVA DEPOT PLANNED COMMERCIAL DEVELOPMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-4 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Gwen Perney, Planner, provided details of the ordinance and plans. Mayor Green reminded that he wants a solid fence separating residential and commercial.

 

Councilman Ford asked if there would be enough parking. Ms. Perney said they will be required to follow the code requirements for parking.

 

Jim Morris, Attorney for the applicant, agrees to install a masonry fence as requested.

 

Motion carried unanimously by roll call vote.

 

15. First Reading – Ordinance No. 2013-5 – LDC Text Amendments/Chapters 2, 12, 17, and 18 (Ridgewood Corridor Plan Implementation), Case No. 13-25000001

 

Mayor Green read Ordinance No. 2013-5.

 

 Mr. Kisela asked that this item be continued to April 2, 2013.

 

Motion to continue Item #15 to April 2, 2013 was made by Vice Mayor Burnette and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

16. Resolution No. 13-16 – Update to Standard Construction Details M-4, M-5, M-10, M-11, M-12, M-13, M-15, M-16, M-17, and M-24

 

Mayor Green read Resolution No. 13-16.

 

RESOLUTION NO. 13-16

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING REVISED STANDARD CONSTRUCTION DETAILS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-16 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Penny Cruz, Planner, provided details of the changes within the Resolution.

 

Motion carried unanimously by roll call vote.

 

17. Appeal of Planning Commission Decision Denying a Variance to Allow Speed Bumps within Parkwood Mobile Home Park/Michael Belanich Case No. 12-90000005

 

Applicant requested (via email) that this item be continued until May 7, 2013.

 

Motion to approve the continuance to May 7, 2013 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

PUBLIC SAFETY (Jerry Monahan)

 

18. Resolution No. 13-17 - State of Florida EMS Matching Grant for new heart monitors

 

Mayor Green read Resolution No. 13-17.

 

RESOLUTION NO. 13-17

 

A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR FINANCIAL ASSISTANCE TO THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES FOR EMS EQUIPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS OR CONTRACTS; PROVIDING FOR MATCHING FUND CONTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Chris Weir, Fire Marshal, provided details of the Resolution. He said eight out of nine of the current pieces of equipment are 12-13 years old. Councilman Kennedy said the life span of these pieces is typically 7-8 years. Vice Mayor Burnette asked about putting a plan together to replace these items in the future.

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

19. City Attorney’s Report

 

Ms. Roberts advised that there is another document to be signed regarding the 401 plan for the City Manager that designates a coordinator for the plan.

 

Motion to designate Rob Zicker, Human Resources Director, as the coordinator was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Ms. Roberts received a request from Ken Parker, who asked permission to wear the City’s Logo on a few articles of clothing he still has from his tenure with the City.

 

Motion to approve Ken Parker’s use of the City’s Logo as requested was made by Vice Mayor Burnette, and Seconded by Councilman Ford.

 

Ted Noftall asked who else can use the logo. Ms. Roberts said anyone the Council approves.

Motion carried unanimously by voice vote.

 

Ms. Roberts advised Council that the County Council will be considering a resolution establishing a policy for delegation of authority to establish or enlarge CRAs. There could be a long range impact on the City’s CRAs. Mr. Kisela advised that the changes are so intense that it will eliminate new CRAs in the future. The changes do not affect the City currently, but it could in the future. Staff supports sending a letter.

 

Consensus of Council is they agree to send a letter to the County Council.

 

Ms. Roberts advised that selection of a mediator will be needed if the Council agrees to non-binding mediation.  Consensus of Council is to move forward with non-binding mediation.

 

ADMINISTRATION (Greg Kisela)

 

20. Second Reading - Ordinance No. 2013-3 – Amending Code of Ordinance Chapter 54 Personnel

 

Mayor Green read Ordinance No. 2013-3.

 

ORDINANCE NO. 2013-3

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING SECTION 54-47(d) OF THE CODE OF ORDINANCE; ESTABLISHING THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION ICMA-RC 401(A) PLAN FOR THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-3 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Noftall asked about other changes with personnel. He asked if the City Manager has authority to have approved the time off in Public Utilities. Mr. Kisela said no, the policy states the City Manager can approve up to three days of administrative leave. Mr. Noftall asked about the policy for sick and vacation leave when employees leave. Mr. Kisela said that is being worked through now and he will bring a recommendation back to Council soon.

 

Motion carried unanimously by roll call vote. 

 

21. Authorization to Negotiate Contract Provisions – RFP #12-2/Riverwalk Land Sale and/or Trade

 

Mr. Kisela asked for authorization from City Council to bring forward an alternate plan for development. Council agrees.

 

Mr. Noftall asked how a new plan can be brought forward all of a sudden after all these years. Mayor Green said there is new leadership and a new philosophy.

 

Mark Schaffer suggested opening up discussion for a park in another area of that part of town, rather than sticking with Riverwalk.

 

22. City Manager’s Report

a.    Letter from the City of Ormond Beach

b.    Council Chairs

 

Mr. Kisela asked Council which chair they prefer. Consensus is the National Brand chair model: “Justice” (Vice Mayor Burnette was sitting in).

 

22a.    Resolution No. 13-18 - Interchange at I-95 and Pioneer Trail

 

Mayor Green read Resolution No. 13-18.

 

RESOLUTION NO. 13-18

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AGREEING TO WORK WITH VOLUSIA COUNTY FOR THE PURPOSE OF INCLUDING THE INTERCHANGE AT INTERSTATE I-95 AND PIONEER TRAIL IN THE VOLUSIA TRANSPORTATION PLANNING ORGANIZATION 2035 LONG RANGE TRANSPORTATION PLAN UNMET TRANSPORTATION NEEDS LIST; PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-18 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Kennedy, Councilman Bastian, Vice Mayor Burnette agree it needs to be placed back on the table.

 

Councilman Ford doesn’t believe it is a good idea because it pushes traffic and businesses away from the east side of Port Orange. He believes they need to keep local traffic on local roads and not push them onto the interstate. He doesn’t believe it makes sense.

 

Mayor Green said they need to think long term.

 

Motion carried 4-1 by roll call vote. Councilman Ford voted no.

 

COUNCIL COMMENTS

 

23. Comments/Concerns from Council Members

 

Vice Mayor Burnette advised that the Port Orange HOA Coalition is online. He asked if Staff can add a hyperlink to their page. He advised that the Spruce Creek High School Band performed in Ireland and won best band in the parade award on Port Orange’s 100th birthday. He asked about the medians and new mulch placement. 

 

Councilman Bastian asked if there was any reply to the Coalition for the funds as requested. Mr. Kisela said he will bring back some funding sources. Councilman Bastian received a call about excessive yard debris from a neighborhood. He asked about recognizing some of the firefighters who were recently promoted.

 

Councilman Kennedy advised that code change language has been requested from Community Development regarding the yard debris issues.

 

 ADJOURNMENT:   8:51 p.m.

 

 

                                                                                                                                               

                                                                                    Mayor Allen Green

 

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk