REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MAY 21, 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
Roll Call: Present: Councilman Drew Bastian
Councilman Dennis Kennedy
Vice Mayor Donald Burnette
Mayor Allen Green
Absent: Councilman Bob Ford
Also Present: Greg Kisela, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, City Clerk
SPECIAL REPORTS, AWARDS, RECOGNITION, AND PROCLAMATIONS
4. Youth Achievement Award Winner
Jonathan Montes de Oca, Chairman of the Youth Advisory Board, presented the Youth Achievement Award to Johnny Junco. Mayor Green and Council Members congratulated Johnny. Bailey Burman, Youth Advisory Board member, presented a Certificate of Participation to Laural Melton.
5. Atlantic High School Student Government Day
Mayor Green provided Certificates of Participation to the Atlantic High School Students of the Law and Government Academy for their participation in Student Government Day.
6. Port Orange Elementary Schools Art Contest Winners
Jerry Monahan, Director of Public Safety, presented awards to the art contest winners from each Port Orange elementary school.
7. Representative David Hood
Frankie Roberts thanked Council for their efforts regarding the legislative process on behalf of Representative David Hood, who had a medical emergency and could not attend himself. She asked Council and Staff to contact them with any questions, concerns, or ideas. Mayor Green thanked Representative Hood for his work for the community. Vice Mayor Burnette also thanked them for having a Town Hall Meeting. He asked her about Amendment 11 from last year’s elections. Ms. Roberts will provide information. Councilmen Bastian and Kennedy both thanked them for their work.
8. Water/Sewer Meter Update
Ken Hooper, Project Manager, provided an update relating to the warranty program. The new equipment has had no failures. The warranty program will be mostly completed by the end of June with only a few difficult meters to be completed in early July as well as the non-warranty meters. Mayor Green asked about the Logic Software. Mr. Hooper said it’s been brought forward to the City Attorney. It should be coming to the Council within a few weeks.
Councilman Kennedy asked if the numbers are getting better yet. Mr. Hooper said yes, but the reports are about 45 days old by the time Council sees them. Changes are happening.
Vice Mayor Burnette asked how it’s been working with Sensus. Mr. Hooper said Cisco has been great to work with; however, Sensus has been difficult.
Mark Schaefer asked how it is being determined which meters are warranty and which are not and the timing of the replacements. Mr. Kisela said earlier this year it was determined that Sensus would complete their warranty work before the non-warranty work began. It was based on age, product, and serial numbers. Sensus knows which are under warranty and which are not.
BOARD APPOINTMENTS, INTERVIEWS, & REPORTS
9. Citizen Advisory Committee for TPO
Bobby Ball, committee member, provided a report to Council from the TPO. Mr. Kisela asked for an alternate on the TPO until Councilman Ford returns from his vacation.
Motion was made by Vice Mayor Burnette and Seconded by Councilman Kennedy to appoint Mayor Allen Green as an alternate while Councilman Ford is out of town.
CITIZEN PARTICIPATION (Agenda)
10. Port Orange Baseball Club – Larry McKinney, Mike Navarra, Tom Strickland
Thomas Strickland, Board Member of Port Orange Baseball Club, addressed Council regarding the fields in Port Orange and the lack of fields for 13-15 year olds for baseball.
Mike Navarra, Coach of Port Orange Baseball Club, introduced himself and expressed his dissatisfaction in not having fields for the 13-15 year old age group.
Mayor Green said there is a better alternative than modifying those two particular fields. He feels they are jumping ahead. The issue should go through the Parks & Recreation Advisory Board. He agreed with the need for fields.
Susan Lovallo, Parks & Recreation Director, provided details of Coraci field modifications. She needs more time to continue gathering information on modifications.
Vice Mayor Burnette wants an intermediate plan before the fields are built. He wants something done by Spring next year.
Councilman Bastian wants to work with them for an intermediate solution before the fields at Coraci are completed.
Mr. Kisela said the Parks and Recreation Advisory Board meets next week and information can be brought back on June 4, 2013.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Melissa Siegfried invited Council to the 3rd Annual Zachary Siegfried Wiffle Ball Tournament.
Corey Berman advised Council of the flooding issues over the weekend. He doesn’t believe the City has enough police officers to cover the City. He asked that the banana peels be cleaned up at Dunlawton and Ridgewood. Mayor Green said he and Mr. Kisela rode around after the storms and the City needs to prepare.
Ted Noftall addressed Council regarding the Cambridge project that is being funded by the State. Mayor Green asked Staff to provide a report regarding what has been done in the Cambridge area. Mr. Noftall asked Mayor Green relating to the City Manager’s authority to enter into Settlement Agreements with exiting employees.
Scott Webb, President of Willow Lakes HOA and “Mayor” of Springwood HOA, addressed Council regarding flooding at Spruce Creek and Oak Street.
Derek George addressed Council regarding flooding at 700 Herbert Street. He commended Mary Anderson and a City Engineer for their assistance evaluating the flooding. He asked that Council direct Staff to look into putting in a berm as the City Engineer suggested would help the flooding problems. He also suggested negotiating with the City to sell 108 Eddy Lane. Mayor Green asked for an opportunity to look into it.
Newton White congratulated Council on their new chairs and thanked them for setting dates on the baseball field issue. He was disappointed there was nothing accomplished at the Special Meeting on May 14, 2013.
Jack McVeigh addressed Council regarding the medians on Dunlawton Avenue. He asked that palm trees be planted.
11. Approval of Minutes
a. April 30, 2013 – Special City Council Meeting
b. May 7, 2013 – Regular City Council Meeting
12. Staff Reports - Building Activity Report and Monthly Development Activity Report for April, 2013
13. Concurrency and Fair-Share Agreement for Water’s Edge Phase XII Final Plat and Plans Case no. 06-50000004
14. Second Amendment to Restatement and Amendment to Sewer Services Interlocal Agreement with the Town of Ponce Inlet
15. Fifth Addendum to the Wholesale Service Agreement with the City of Daytona Beach Shores
16. Subordination of SHIP Down Payment Assistance Second Mortgage
17. Dedication of a portion of the Halifax Drive Right-of-Way & Acceptance of a Non-Exclusive Drainage, Access, Maintenance and Utilities Easement on the East and West side of Halifax Drive as part of the Riverwalk Marina and Riverboat Site Plan
18. Approval of Change Order #2 to Increase Purchase Order #067390 for A.G. Pifer Construction Co. in the amount of $5,762.39 to complete the improvements to City Center Ball Fields
19. 90-Day Extension of Contract with CPH for Land Management Services and Amendment No. 2 for Tortoise Mitigation Bank Reporting
20. Approve the sale of scrap water meters to Trademark Metals
21. Contract Extension for Fuel Purchases, Volusia County Cooperative Bid #09-B-30VO
Items #16, 17, and 20 were pulled for further discussion.
Motion to approve Consent Agenda Items #11-15, 18, 19, and 21 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #16 - Mayor Green asked if the City had discontinued the SHIP program. Attorney Roberts advised that the SHIP program has been discontinued but the recent items are relating to refinancing, not new SHIP loans.
Motion to approve Item #16 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette.
Mr. Berman has a problem with subordination. He asked if Staff can charge a fee to cover the costs of Staff. Vice Mayor Burnette said it’s a simple form and shouldn’t take much Staff time to complete. He wouldn’t feel comfortable charging any more than a bank would charge.
Motion carried 3-1 by roll call vote, with Mayor Green voting no.
Item #17 – Vice Mayor Burnette asked why this is being done; what is being accomplished. Mr. Kisela advised that it is not part of the property swap but will provide additional right-of-ways and easements for the Riverwalk park.
Motion to approve Item #17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 3-0-1, with Mayor Green declaring a conflict and abstaining.
Item #20 – Mr. Berman asked if the metal was being sold per pound or per meter. Councilman Kennedy said per pound. Mr. Berman was pleased. He thought it was per meter.
Motion to approve Item #20 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
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 adopt Ordinance No. 2013-5 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote, after no comments.
PARKS & RECREATION (Susan Lovallo)
23. Net casting in City Lakes and Retention Ponds
Ms. Lovallo advised that net casting is currently allowed in City retention ponds and lakes. She advised of a recent issue that the police handled. It is up for discussion by Council as to whether it should be allowed or not.
Vice Mayor Burnette said he had a concerned citizen ask him to visit this issue. He doesn’t believe net casting should be allowed in the City’s ponds and lakes.
Councilman Bastian isn’t sure about restricting net casting.
Councilman Kennedy is not in favor of net casting in retention ponds.
Motion to direct Staff to prepare an ordinance against net casting was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 3-1 by voice vote, with Councilman Bastian voting no.
CITY ATTORNEY (Margaret Roberts)
24. City Attorney’s Report
City Attorney had no report.
ADMINISTRATION (Greg Kisela)
25. City Manager’s Report
Mr. Kisela reminded Council of Cracker Day at Cracker Creek on May 25th from 10 a.m. – 4 p.m. It is free of charge.
26. Audit & Budget Advisory Board nominations/appointments by Council
Motion was made by Vice Mayor Burnette for Districts 1 and 3 and the Mayor to appoint a member each for a one year term with Districts 2 and 4 being appointed to two year terms initially, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.
Motion to appoint Joe Fazzie was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Joe Fazzie accepted the nomination. Motion carried unanimously by voice vote.
Motion to appoint Ted Noftall was made by Councilman Bastian, and Seconded by Vice Mayor Burnette. Ted Noftall accepted the nomination. Motion carried unanimously by voice vote.
Motion to appoint Corey Berman was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Corey Berman accepted the nomination. Motion carried unanimously by voice vote.
Mr. Kisela advised Council that he spoke with Councilman Ford before his vacation and he would like to appoint Marc Schaeffer to the Board.
Motion to appoint Mark Schaefer was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Marc Schaeffer accepted the nomination. Motion carried unanimously by voice vote.
Mayor Green is not ready to appoint anyone. Councilman Kennedy suggested increasing the number of board members to seven. Council consensus is to expend the board to seven members. Mr. Kisela said Staff will amend the ordinance.
27. Comments/Concerns from Council Members
Councilman Kennedy said the drains worked well during the recent storms in the Cambridge basin area. Mr. Kisela discussed challenging areas with the storm water.
Councilman Bastian asked everyone to keep the Oklahoma victims in their thoughts and prayers. He wants to see action on Dunlawton medians.
Vice Mayor Burnette asked about the trees on Dunlawton. Mary Anderson, Public Works Director, explained the bush removal was due to citizen complaints of visibility issues exiting Dunlawton Hills and the medical facilities.
Newton White said the soil was dry so the rain soaked in but as we get more rain, it will not and it will flood.
Mayor Green said he is helping with the Arthaus fundraiser on May 29, 2013, at the Pavilion. Tickets are $80.00.
ADJOURNMENT: 8:16 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk