REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

APRIL 23, 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

                                                                        Mayor Allen Green

 

                                    Absent:                      Vice Mayor Donald Burnette

 

                                    Also Present:            Greg Kisela, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk

 

Mary Rodriguez, Atlantic High School Student, introduced herself to Council and joined them at the dais to observe the meeting. Other students also introduced themselves.

 

SPECIAL REPORTS, AWARDS, PROCLAMATIONS

 

4.    Arbor Day Proclamation

 

Mayor Green read a proclamation for Arbor Day.

 

5.    Local Business Spotlight

 

Not in attendance.

 

At 6:35 p.m., City Council recessed to hold the Town Center CRA and Eastport CRA meetings.

 

Council reconvened at 7:24 p.m.

 

CITIZEN PARTICIPATION (Agenda)

 

6.    Stephen Gaddis – Rose Bay Outfitters – 5765 Ridgewood Avenue

 

Mr. Gaddis advised Council that he is hoping to open a new business in the Ridgewood Corridor. He needs help from the City with parking issues. He asked Council to allow him to use the pocket park next to his property for parking. He asked Council to vacate the public interest in the pocket park so that he can purchase or lease the property.

 

Mayor Green said there are several pocket parks in the area. Jack Wiles contacted Mayor Green and asked that this go before the Parks Board.

 

Councilman Ford agreed. He also spoke to Mr. Wiles. He wants the Parks Board to review the park. He would also like the Parks Board to review all of the parks and provide recommendations to the Council on making them more useful.

 

Councilman Bastian asked if the City agrees with Mr. Gaddis that the land is unusable. Mr. Kisela said it’s a difficult piece. Councilman Bastian believes Council needs to work with him.

 

Councilman Kennedy asked how the neighbors feel about a business there. Mr. Gaddis said he lives in that area. He has spoken to some of the neighbors and they are supportive of any project in the area.

 

Councilman Ford agreed that he would take into account the neighbors thoughts. 

 

Lynn Bramarel doesn’t object to the use of the waterway but suggested looking into landscaping to buffer the cars if they are allowed to park. 

 

Mr. Noftall urged Council to help this small business.

 

Mr. Berman agreed with Mr. Noftall.

 

Thomas Quick is concerned about parking up and down the Ridgewood Corridor. He thinks it should be considered holistically. 

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Mr. Quick addressed Council regarding the zoning on South Ridgewood. He believes it needs to be changed.

 

Phil Klema, Port Orange Historical Trust, advised Council the Founder’s Day celebration will be held on Friday, April 23, 2013.

 

Mr. Noftall addressed Council regarding the expectations citizens should have from City Staff. He asked Mayor Green and the Council Members to give clear direction to the City Manager regarding disclosure and fair notice. Mayor Green said they will establish a policy to handle it. Mr. Noftall believes an email released to the read file on a date other than the original date should be inserted on the date it is released, not when it was originally sent.

 

CONSENT AGENDA

 

7.    Approval of Minutes

a.    April 16, 2013 – Regular City Council Meeting

8.    Project Manager’s Report

9.    Staff Reports - Building Activity Report and Monthly Development Activity Report for March, 2013

10. Bike Week Report

11. Crime Report

12. Amended, Restated, and Renewed Standard Contract for Services with Applied Aquatic Management, Inc.

13. Garnsey Water Plant Rehabilitation 2013, Bid Award Bid #13-20

14. Case no. 13-97500001/Proposed License Agreement – a portion of Lots 15 and 16, Block 14, Plat No. 1 Portona Subdivision

15. East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System

16. Subdivision Replat & Final Plans and Subdivision Improvement Agreement/New Port Subdivision Case No. 12-50000001

 

Mr. Kisela asked that item #16 be pulled from the Consent Agenda and discussed during Community Development’s section. Council agreed.

 

Motion to approve Consent Agenda items 7-15 was made by Councilman Kennedy and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Item #16 – Tim Burman, Principal Planner, provided information on the proposal.

 

Councilman Kennedy asked if there are any plans for development yet. Parker Mynchenberg said a new 7-Eleven is planned for the corner lot. There will be four lots remaining for development.

 

Corey Berman asked how far the driveway is from Reed Canal Road. There may be issues with school traffic. Mr. Mynchenberg advised of the shared driveway and traffic study performed. The driveway meets City codes, as well as the State and County.

Motion to approve Consent Agenda Item #16 was made by Councilman Kennedy, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote.

 

FINANCE (Wayne Saunders)

 

17. Finance Report

 

Mr. Saunders provided the finance report to Council.

 

Councilman Ford asked if there are any signs of negative movement other than the YMCA and the Golf Course. Mr. Saunders advised that they are looking into the overtime issues with Police and Fire. There is nothing else of concern at this time.

 

Mr. Noftall asked Council about the second reading of the ordinance for the Audit & Budget Committee. Robin Fenwick, City Clerk said the second reading is scheduled for May 21, 2013. Mr. Noftall asked why so far away. Ms. Fenwick said it is standard process of all ordinances; second reading is the following month unless directed otherwise. Mayor Green asked to move it forward earlier. Mr. Noftall asked about the YMCA finances. Mr. Kisela advised that the YMCA provided their finances and Staff is reviewing. Mr. Noftall asked for copies. Mr. Kisela will provide. Mr. Noftall asked about the golf board budget copy. He has a hard time reading the document. He said the numbers don’t look good. They are projecting losses for the year. He wants Council to look at their contract. He also questioned the food and beverage figures. He suggested the food and beverage portion be pulled from KemperSports and find an operator for that portion.

 

Mr. Berman suggested that the Council ask Brendan Galbreath regarding food and beverage. Mayor Green agreed. The issue is the kitchen size.

 

Councilman Ford has reviewed the contract and says it is in favor of the management company. 

 

Councilman Bastian asked the term of the contract with the golf course. Mayor Green said it is 5 years. 

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

18. Second 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 Councilman Kennedy, and Seconded by Councilman Bastian.

 

Mr. Burman advised Council that page #5 has been changed to show that a wall is required rather than a fence.

 

Mr. Morris is present for questions on behalf of the applicant.

 

Motion carried unanimously by roll call vote.

 

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

 

Mayor Green read Ordinance No. 2013-5.

 

ORDINANCE NO. 2013-5

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO IMPLEMENT THE RIDGEWOOD CORRIDOR PLAN SET FORTH IN RESOLUTION 13-2; AMENDING CHAPTER 2 DEFINITIONS TO ADD HOTEL AND MOTEL; AMENDING CHAPTER 12 RELATING TO PARKING DESIGN STANDARDS; AMENDING CHAPTER 17 RELATING TO PERMITTED USES AND LANDSCAPE REQUIREMENTS WITHIN THE RIDGEWOOD DEVELOPMENT (RD) DISTRICT; AMENDING CHAPTER 18 relating to special requirements for special exception use of muLTIFAMILY DWELLINGS IN THE RD DISTRICT, AND SPECIAL DEVELOPMENT REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITHIN THE RD ZONING DISTRICTS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-5 was made by Councilman Kennedy, and Seconded by Councilman Ford.

 

Councilman Ford advised of the changes as requested previously. He agreed with these changes.

 

Motion carried unanimously by roll call vote.

 

20. Resolution No. 13-23 - Proposed Drainage and Utility Easement Vacation – Lot 9, Riverwood Phase II Subdivision Case no. 13-35000003

 

Mayor Green read Resolution No. 13-23.

 

RESOLUTION NO. 13-23

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, VACATING A PORTION OF THE NORTH WESTERLY REAR YARD 10.00-FOOT WIDE DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 9 OF THE RIVERWOOD, PHASE II SUBDIVISION; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-23 was made by Councilman Kennedy, and Seconded by Councilman Bastian.

 

Michael Anderson, Civil Engineer, is present to answer any questions. Mayor Green asked if it is in the best interest of the City and applicant. Mr. Anderson said yes.

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

21. City Attorney’s Comments

 

Nothing to report.

 

ADMINISTRATION (Greg Kisela)

 

22. City Manager’s Comments

 

Mr. Kisela reminded Council of the budget workshop on May 4, 2013, at 8:30 a.m. and the Special Workshop on May 14, 2013, at 5:30 p.m. relating to leave payouts, flex time, and 457 contributions.

 

COUNCIL COMMENTS

 

23. Comments/Concerns from Council Members

 

Councilman Ford requested an excused absence on May 21 and May 28 as he will be on vacation. He has concerns with Code Enforcement. He would like to meet with Wayne Clark, Amanda Bonin, and Greg Kisela regarding the issues on Lancewood. He needs to have questions and concerns answered. He is also concerned with the golf course providing free golf to KemperSports employees and their spouses. He asked for information regarding the bus bench company. Mr. Kisela will provide a report within the next few days.

 

Mayor Green asked about the code process changes. Mr. Kisela said it will be discussed more at the budget workshop and Staff is working on compressing the process.

 

Councilman Bastian asked if the bus benches would stay if the advertising stopped. He also asked that trash cans be placed at the benches. He also asked if the crosswalk and stop bars in the parking lot of Wal-Mart are their responsibility or the City’s. Mr. Kisela will get with Wal-Mart.

 

Councilman Kennedy asked whose responsibility it would be to maintain the trash cans at the bus benches. That expense would need to be figured into the City’s budget if that’s the way Council goes. He asked about the human billboards. Attorney Roberts will provide information. Councilman Kennedy reminded them that Saturday is the drug take back from 10-2.

 

24. City Council Committee Reports

a.    City Investment Committee – Councilman Kennedy reported that there was no meeting.

b.    Transportation Planning Organization (TPO) – Councilman Ford said there is no report.

c.    Library Advisory – Councilman Bastian reported that there was no meeting.

d.    Municipal Firefighters Pension Board – Councilman Ford reported that there was no meeting.

e.    Municipal Police Officers Retirement Trust – Councilman Kennedy reported that there was a Special Meeting held on April 5, 2013, to select an auditor. They are waiting on additional information for the reports.

f.     General Employees General Retirement Trust  - Councilman Bastian reported that the plan is at 10% return. It is doing well so far. There are a lot of retirements coming up soon.

g.    YMCA – The report was provided by Mr. Saunders with the Finance Report. Councilman Bastian added they are behind in revenue.

h.    Volusia Council of Governments (VCOG) – Mayor Green provided a report of the presentations given. 

i.     Volusia League of Cities – Nothing to report.

j.     ArtHaus – Vice Mayor Burnette was not in attendance; no report.

k.    Port Orange/South Daytona Chamber of Commerce - Vice Mayor Burnette was not in attendance; no report.

l.     Golf Course Board of Directors – The golf report was provided by Mr. Saunders with the Finance Report.

m.  Youth Advisory Board – Nothing to report.

n.   Communications Interlocal Agency (CIA) – Mayor Green advised that the RCC is still working on closing out.

 

ADJOURNMENT:  8:50 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk