REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
JUNE 25, 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 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, PROCLAMATIONS
4. Report from Kemper Sports Management regarding Cypress Head Golf Course
Mike Collins, General Manager, provided the golf report.
Councilman Kennedy would like to hear about the long range plans for repairs.
Councilman Bastian wants to see the numbers improve and agreed with Councilman Kennedy about information on the long range plans.
Vice Mayor Burnette was pleased to see the food and beverage numbers. He wants to see a push for summer hours. His concern is having sufficient cash flow to plan repairs.
Mr. Kisela provided information regarding other municipal courses in the area.
Councilman Ford believes the Board has a good sense of where the course is and it doesn’t seem to be changing soon. There is a lot of competition.
Mayor Green said ideally having another 9 holes would be the best option for the course. But it’s going to be a slow turn around.
Corey Berman, citizen, asked if KemperSports would consider subletting out the restaurant to another group for more profitability. Mr. Catarino advised that they will consider re-examining the contract. He believes the City needs to provide direction on the golf course and the restaurant before they can agree to any contract modifications.
CITIZEN PARTICIPATION (Agenda)
5. Alliance of Port Orange Homeowner’s Association
Karen Koch, President of APOHA, informed Council of some upcoming changes and presented Chief Monahan with a plaque of thanks. They also presented a plaque to the City of Port Orange.
Vice Mayor Burnette advised Ms. Koch that Council would like the Alliance to consider the golf cart issue. Mayor Green thanked Vice Mayor Burnette for spearheading the initiative.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Pamela Landy, citizen, addressed Council regarding an ALF in the residential area of her neighborhood. She is opposed to an ALF in a residential area. Tim Burman, Principal Planner, advised Council that the residential home is allowed to have six (6) people living in it. The ALF has gone through all requirements. He advised that Florida Statutes and the City Codes allow the ALF in the area. Mr. Kisela advised that the City is preempted by Florida Statutes.
Corey Berman, citizen, addressed Council regarding the median. He also said the banana peels are back again. He complained about the sand running off of the church parking lot at Lafayette and Herbert.
6. Project Manager’s Report
7. Sole Source Purchase of Telemetry Control Equipment from Data Flow Systems, Inc. for the Reclaimed Water Plant
8. Contract Addendum No. 2 to Agreement with Diversified Drilling Corporation
9. Award RFP #13-6 – Land Management Services to Clear Waters Long Leaf Forest
10. Sole Source Purchase of HACH Instrumentation & Warranty Services to Maintain FDEP Permit Discharge Compliance at the Reclaimed Water Plant
11. Proposed License Agreement – Lot 8, Harbor Point Phase III Subdivision Case no. 13-97500003
12. Sole Source Purchase of Chemical Feed System from Water Treatment & Controls Company for Garnsey Water Plant
13. Department of Health Grant for the scheduled replacement of existing Hydrofluorisilic Acid chemical feed system at the Garnsey Water Plant
14. Amendment and Addendum No. 1 for Phase II to the Agreement with Danus Utilities, Inc. for large meter replacement pursuant to Bid No. 12-50
15. Approval of Legal Services with Kinsey, Vincent, and Pyle
16. Approval of Legal Services with Allen Norton and Blue
17. Attorney Services for Forfeiture Proceedings with Greg Wagner, Esquire
18. Addendum No. 1 to the Contract with Biological Consulting Services, Inc. for the Replacement and Refurbishment of Wellfield Data Loggers
19. Voting Delegate for Florida League of Cities Conference
20. PFM Sixth Amendment to Investment Advisory Agreement
21. Addendum No. 26 to the Quentin L. Hampton Associates, Inc. Contract for the Cambridge Canal and Pump Station Improvements Engineering and Design
22. Correction to Bid Award No. 13-17 and Bid Award No. 13-18 toRJ Landscape Contractors, Inc.
Mayor Green requested that Item #19 be pulled for further discussion.
Councilman Ford requested that items #9, 15, 16, and 17 be pulled for further discussion.
Motion to approved consent agenda items #6-8, 10-14, 18, and 20-22 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #9 – Councilman Ford would like to limit the land management services contract to one year rather than five years with possible extensions. He also believes the price is high. He asked for details of what’s being spent now.
Shannon Lewis, Assistant City Manager, provided details of the bid and the scope.
Councilman Ford doesn’t know why the money is being spent on forest management. Ms. Lewis advised that Staff looked at bringing the management services in house prior to going out with the RFP but it was more cost effective to bid it out. Councilman Ford would like to only enter into a one-year contract rather than a five-year contract.
Steve Edgar, Former City Forrester with CPH, advised that most of the cost is received from the mitigation bank credits rather than the timber itself. There are reporting requirements. The mitigation bank has made the City a lot of money.
Vice Mayor Burnette agrees with reviewing the contract after a year so they can learn more about the program.
Mr. Kisela advised that the RFP was posted for five (5) years. The City has the ability to terminate for convenience.
Mayor Green asked if Council could negotiate with Mr. Edgar to reduce it to a one year contract. Ms. Roberts said the question is whether the reduction would prejudice the bidders by reducing the term. She believes it would be okay if it is agreeable with Mr. Edgar without prejudicing the bidders.
Mr. Edgar understands the Contract to read that the City can terminate for convenience after one year. He believes it would be better to grant to the five-year contract rather than re-bid it in a year. He does not have upfront costs invested. He would expect to get paid for work accomplished. He would like a month’s notice if the City decides to terminate.
Motion to approve a five-year contract with the revision of the City to terminate with 30 days’ notice and all incurred expenses paid to date was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Councilman Kennedy agrees with holding a workshop/tour of the property.
Councilman Bastian would like to also find out more information on the property.
Vice Mayor Burnette suggests a tour during cooler months.
Motion carried unanimously by roll call vote.
Item # 15 and 16 – Councilman Ford received a concern from a citizen. He believes the contracts are open ended and should have cost containment. Ms. Roberts said she will provide a cost estimate to Council. Councilman Ford would like a clause included that costs must be approved verbally by the City Attorney prior to expenditures.
Mayor Green asked if this agreement is for mediation with Daytona Beach Shores. Ms. Roberts said yes.
Councilman Ford agrees to authorize the mediation services with the Shores to include the changes discussed.
Mr. Kisela explained the urgency of this issue going to mediation. This is the only mediator that both parties have agreed on.
Motion to approve Item #15 and 16 with costs to be approved by the City Attorney was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Item 17 – Councilman Ford is in agreement with item #17 because it contains the estimated cost.
Motion to approve Item #17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #19 – Mayor Green asked if Vice Mayor Burnette was going to attend the Conference. Vice Mayor Burnette said yes, he is planning to attend.
Motion to approve Vice Mayor Burnette as the voting delegate for the Florida League of Cities and Mayor Green as an alternate was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
FINANCE (Wayne Saunders)
23. Amendment 11-Additional Homestead Exemption; Low-income seniors who maintain long-term residency on property; equal to assessed value
Mr. Kisela provided details of Amendment 11 and how a resident would be able to obtain the additional homestead exemption.
Mayor Green believes there are already too many exemptions. The expenses are being transferred to other residents and the businesses. He believes everyone needs to pay their way.
Vice Mayor Burnette believes there will be a limited number of residents who will qualify for this additional exemption. He believes the citizens voted to approve the additional exemption and Council should listen to the citizens.
Councilman Ford is concerned with the fiscal cliff. By lowering this group’s property taxes, it raises other group’s taxes. He is not supportive of the additional exemption.
Councilman Bastian agrees with Councilman Ford. He believes everyone needs to pay their portion for the services provided to them. He does not support the additional exemption.
Councilman Kennedy supports the additional exemption.
John Thomas, Port Orange Citizen, is bothered by the dissention. He believes this is the lowest level income citizens and they deserve a break.
Mayor Green believes property taxes should be paid by all citizens.
Motion to approve moving forward with an Ordinance implementing Amendment 11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion denied by 2-3 roll call vote with Councilman Ford, Councilman Bastian, and Mayor Green voting no.
24. Finance Report
Wayne Saunders, Finance Director, provided the monthly financial report.
Councilman Bastian is still concerned about the golf course and the YMCA. Mr. Kisela advised that a discussion will be brought to Council on July 23, 2013 relating to their finances.
Vice Mayor Burnette asked how the police department vacancies are going. Jerry Monahan, Public Safety Director, advised that the police department is at full staff right now. Vice Mayor Burnette asked for a crime report. Chief Monahan said the quarterly report is coming soon.
Councilman Ford is happy with the report.
Mayor Green believes the YMCA is an asset to the community.
Mr. Kisela advised Council the budget materials will be provided early next week for the budget workshop.
Ted Noftall, citizen, asked what Council plans on doing on July 13 in regards to the YMCA. Mr. Kisela advised that there are currently no additional monies in the budget for the YMCA.
Councilman Bastian asked for an update regarding the project manager’s report showing monies for the public safety training facility. Chief Monahan advised that the funds came from the 2006 Bond from the Public Safety project for the shooting range. He is waiting on the County to enter into an agreement to switch properties.
COMMUNITY DEVELOPMENT (Wayne Clark)
25. Resolution No. 13-30 – Building Permit Fee Resolution Amendment
Mayor Green read Resolution No. 13-30.
Resolution No. 13-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING REVISED BUILDING PERMIT AND BUILDING PERMIT RELATED FEES; ESTABLISHING MINIMUM AND MAXIMUM FEES; ESTABLISHING PERMIT FEES FOR NEW BUILDINGS AND ADDITIONS; ESTABLISHING FEES FOR ELECTRICAL WORK; ESTABLISHING FEES FOR GAS WORK; ESTABLISHING FEES FOR MECHANICAL WORK; ESTABLISHING FEES FOR PLUMBING WORK; MISCELLANEOUS PERMITS AND SERVICES; ESTABLISHING FEES FOR UNSPECIFIED WORK; ESTABLISHING EARLY START FEES FOR WORK UNDERTAKEN PRIOR TO ISSUANCE OF A BUILDING PERMIT; ESTABLISHING APPLICATION FEES; ESTABLISHING TEMPORARY USE PERMIT FEES; ESTABLISHING PLAN MODIFICATION FEES; ESTABLISHING MASTER FILE-RELATED FEES; ESTABLISHING FEES FOR NON-ROUTINE INSPECTIONS; ESTABLISHING FEES FOR CLOSEOUT OF EXPIRED PERMITS; ESTABLISHING PERMIT RENEWAL FEES; ESTABLISHING PERMIT REPLACEMENT FEES; ESTABLISHING PERMIT FEE REFUND SCHEDULE; ESTABLISHING FEES FOR FIRE DEPARTMENT; SUPERSEDING PRIOR RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-30 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Mr. Kisela advised Council that this item is being brought to provide equity for permit fees and permit related fees.
Wayne Clark, Community Development Director, provided details of the Resolution.
Mr. Kisela provided an example.
Mayor Green advised that other municipalities have the flexibility when he provides proof of his construction costs. He spoke with Rob Merrill regarding this item.
Councilman Ford agrees with the change but has a concern with the wording of the changes. He is concerned with staffing levels in Community Development and wants to be sure before cuts are made that the department is appropriately staffed. He is also concerned with giving any one person authorization. He wants a verification process. Margaret Roberts, City Attorney, advised that there was an attempt to do that in the preceding paragraph, i.e.: reasonable estimates, affidavits of contracting parties. Councilman Ford would like it spelled out better. Ms. Roberts said if the contractor fails to provide the documentation, the building valuation data. Mr. Clark understood the change to include both the contract and the building valuation data with the backup documentation. The Building Official will have documentation. Mr. Kisela agrees with Councilman Ford that the language can be written better. The Building Official is not comfortable with the sole discretion. Ms. Roberts provided some language for clarification in the resolution.
Vice Mayor Burnette would like a process where someone in addition to the Building Official must sign off on the fees. Mr. Kisela agreed to have that oversight.
Councilman Ford suggested mathematical verification. Mr. Kisela said Staff will ensure there are proper checks and balances.
Councilman Kennedy wants to be sure the reputation remains good for the building department. Mr. Kisela doesn’t believe it will be an issue.
Councilman Bastian asked about legal issues from those who have paid in the past. Ms. Roberts said this is new legislation and it’s always the legislation that is in effect at the time of the construction.
Resolution returned to Staff to tighten up the language as discussed.
26. Historic Tree Removal Request – Residential Property, 42 Golden Gate Circle, Twin Gates Mobile Estates
Margaret Momberger, Senior Planner, provided details of the request. Staff recommends denial of the removal of the tree.
Councilman Bastian visited the property.
Joy Miller, Budget Home Sales, representative of the homeowners, addressed Council regarding the needs of the family. Materials relating to anchoring the home were provided. The homeowners will replant other trees if required.
Councilman Kennedy understands the needs of the family but is hesitant to allow the removal of the tree.
Mayor Green asked about the set back. He suggested the possibility of a variance to place the home closer in the front.
Councilman Bastian believes they need to allow the removal.
Vice Mayor Burnette is glad to see someone reinvesting but doesn’t completely want to see the tree removed. He asked if there are any other options.
Councilman Ford doesn’t understand why the tree can’t stay with the new home. He commended Community Development for their recommendation. He does not support the removal.
Corey Berman asked if this home could turn into a rental. He wants to see the tree remain.
Steve Edgar agrees with the recommendation. He believes the anchors would not damage the tree.
Motion to approve the removal of the historical tree was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion denied 1-4 by roll call vote, with Councilman Bastian voting yes.
27. Proposed License Agreement for Waters Edge at Port Orange Homeowners Association, Inc. (HOA)
Ms. Momberger provided details of the request and remaining issue.
Mayor Green suggested a straddled sign. Mr. Kisela doesn’t believe the issue with the sign is damage to the pipes. It is if repairs are needed in the future, the sign may be destroyed. Fred Griffith, Engineer, said his opinion is that the spread footer type sign is best. He wants to make sure the sign is easy to be removed for pipe repairs.
Councilman Kennedy doesn’t have a problem with the sign. He spoke with the applicant who agreed to move the sign to the side to lessen the impact on the sewer pipes. He wants to make sure they understand in the event of an emergency, the sign may be damaged.
Councilman Bastian confirmed that there would be no liability to the City. Mr. Kisela said there would be minimum damage even in an emergency.
Vice Mayor Burnette has no problem with the sign.
Councilman Ford has no problem since they are holding the City harmless.
Motion to approve the License Agreement for Water’s Edge as approved by the City Attorney and City Manager was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
PUBLIC SAFETY (Jerry Monahan)
28. Second Reading - Ordinance No. 2013-8 – Vehicles used as residence, domicile, or living quarters
Mayor Green read Ordinance No. 2013-8.
ORDINANCE NO. 2013-8
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 42, ARTICLE III, SECTION 42-59 RELATING TO LOCATION OF VEHICLES USED FOR HUMAN OCCUPANCY, ENTERTAINMENT OR PREPARING MEALS, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-8 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
PUBLIC UTILITIES (Donna Steinebach)
29. Resolution No. 13-32 – Adopting Inventory List of Municipal Property Appropriate for use as affordable housing
Mayor Green read Resolution No. 13-32.
Resolution No. 13-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING AN INVENTORY LIST OF MUNICIPAL PROPERTY APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS REQUIRED BY FLORIDA STATUTES, SECTION 166.0451; FINDING THAT NO CURRENTLY HELD PROPERTY IS APPROPRIATE FOR AFFORDABLE HOUSING; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-32 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.
Mayor Green asked if this establishes more affordable houses. Ms. Roberts said no, there is a requirement to make the evaluation and report those properties within the City’s ownership that would meet the affordable housing requirements.
Motion carried unanimously by roll call vote.
30. Reclaimed Water System Report
Mr. Kisela advised that Donna Steinebach, Acting Public Utilities Director, is not in attendance due to a death in her family. She worked with staff to provide the report. Mr. Kisela’s recommendation to Council is to read the report several times and ask questions.
Councilman Bastian is concerned with the augmentation lakes not being utilized to their potential. He’d like a hard copy and further discussion.
Councilman Kennedy also wants a hard copy and agrees to having further discussion.
Vice Mayor Burnette agrees with Mr. Kisela to review the report and come back with questions and concerns. He suggested a workshop. Councilman Kennedy suggested a workshop on this and the Wellfield.
Councilman Ford thanked Ms. Steinebach and Mr. Kisela for the report. The report raised a lot of questions for him and for Council to consider regarding policies.
Mr. Noftall agreed with Councilman Ford that Staff should be commended for releasing the report. He asked what the total product produced in the plant daily or annually. Mr. Kisela said 90% is being reused.
Mayor Green doesn’t agree with Mr. Noftall. He suggested everyone look at the full program. If this one isn’t working, fix it. The river cannot continue to be destroyed. Mr. Kisela doesn’t believe the report says the reclaimed water system is a failure.
Councilman Ford asked that lake expansions be put on hold until there is a plan. Mr. Kisela said if possible, yes.
CITY ATTORNEY (Margaret Roberts)
31. City Attorney’s Comments
Ms. Roberts advised of the subordination agreement request for Jeffrey E. Culpepper. The bank had a slight modification of an increase of $108, as well as a typographical error.
Motion to accept the amendment was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
Ms. Roberts advised that the Danus Utilities matter has been set for July 12 in St. Augustine.
ADMINISTRATION (Greg Kisela)
32. City Manager’s Comments
Mr. Kisela reminded that there is no meeting on July 2, 2013. The Budget workshop is set for July 13 at 8:30 a.m. The next City Council meeting is scheduled for July 16 to include the payroll audit.
a. City Investment Committee – Councilman Kennedy reported that there was no meeting held.
b. Transportation Planning Organization (TPO) – Councilman Ford reported on the Votran meeting. The County wants the cities to pay a portion of Votran. He also reported on the recent TPO meeting relating to the Sunrail project.
c. Library Advisory – Councilman Bastian reported that the next meeting will be July 11, 2013.
d. Municipal Firefighters Pension Board – Councilman Ford said there has been no meeting.
e. Municipal Police Officers Retirement Trust – Councilman Kennedy said there has been no meeting, but also no reports from the auditor or actuary. Mr. Kisela will follow up on the reports.
f. General Employees General Retirement Trust – Councilman Bastian reported on the regular meeting and the annual member meeting. The plan is solid as of May 31, 2013.
g. YMCA – The YMCA report was already discussed.
h. Volusia Council of Governments (VCOG) – Mayor Green reported the meeting issue was sustainability.
i. Volusia League of Cities – Mayor Green advised that the next dinner is coming soon.
j. ArtHaus – Vice Mayor Burnette reported that the art show is going on in City Hall. The summer art classes are going on now. Fun and Funky dinner honoring Mayor Green raised a good amount of money.
k. Port Orange/South Daytona Chamber of Commerce – Vice Mayor Burnette reported Thursday night is the monthly afterhours from 5-7 at PNC Bank. The luncheon regarding Spaceport is June 26, 2013 at 11:30 a.m. and is open to the public, lunch is $15.
l. Golf Course Board of Directors – The Golf Course report was already discussed.
m. Youth Advisory Board – Bailey Berman reported that the Board talked about work program ideas. They will select a new chair in September.
n. Communications Interlocal Agency (CIA) – Mayor Green said Staff and CIA agencies are still working on close out issues.
Mr. Noftall reported on the Audit & Budget Advisory Board meeting.
ADJOURNMENT: 9:42 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk