REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
AUGUST 20, 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 AWARDS, REPORTS, PROCLAMATIONS
4. Tyler Kameh – Certificate of Achievement
Scott Kirshner, Pastor of Christ the King Community Church, provided details of Tyler Kameh’s project through a video. Jarred Stiltner read a newspaper article regarding the project. Mr. Kameh thanked Council for the recognition.
Item #8 was moved up on the agenda and heard at this time.
BOARD APPOINTMENTS, INTERVIEWS, & REPORTS
5. Citizen Advisory Committee for TPO
Bobby Ball provided the report for the CAC for TPO. The CAC’s formal recommendation is to not fund the interchange.
6. Parks & Recreation Advisory Board Quarterly Report
Jack Wiles, Chairman, provided the quarterly report for the Parks & Recreation Advisory Board. Grand Reopening of the All Children’s Park fields is in October.
Councilman Ford shared the Parks Board’s views on the budget cuts. He would like to sit down with the Parks Board to discuss needs and funds.
Vice Mayor Burnette would like the CIP to include funds for fields and other Parks’ needs. He believes there will always be needs in the Parks Department.
Councilman Bastian believes the Parks and Recreation services are fundamental and the cuts should stop. They are stretched thin.
Councilman Kennedy wants to ask the citizens what they want. He’d like some community gatherings with the citizen surveys.
Vice Mayor Burnette would like to see Council update the City’s Vision in January/February, 2014.
Councilman Ford suggests staying on topic with the City’s vision rather than items Council has no control over.
Mayor Green agreed that a master plan is needed so the funds can be set aside.
CITIZEN PARTICIPATION (Agenda)
7. John Saxton – Nova Oaks Affordable Housing Project
John Saxton, representing Arrington Developers, LLC, is present to answer any questions regarding the project. He is asking for $50,000 in the form of a grant, loan, fee waiver, or fee deferral.
Councilman Kennedy asked if the project is the same as in 2011. Mr. Saxton said basically yes, with the exception of the age group. The current proposal is to include the age group and also include veterans. He’s looking to also include families caring for an elder family member who meets the age requirements. The footprint is the same. It will be three stories not four.
Councilman Bastian supports the inclusion of veterans and supports the project.
Vice Mayor Burnette expressed concerns regarding density for the project. He also wants to see access from Nova Road not just Herbert Street. He is not in favor of a grant or waiver. He would support a deferral.
Councilman Ford voiced concerns with the density as well. He doesn’t believe Herbert Street is the right location. He’s also concerned with mixed population near the school with subsidized units. Herbert Street is too narrow to add more traffic. He urges the applicant to retain the age restriction of 62. Mr. Saxton explained that the units are not government housing, not subsidized. The units are rent and income restricted but they are not Section 8, HUD housing.
Mayor Green is concerned with drainage and traffic problems.
No public comments.
Motion was made to accept application for fee deferral of one (1) year and one (1) day by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Councilman Ford would like to include the age restriction of 62 and over only.
Vice Mayor Burnette agrees to amend the Motion to include the age restriction of 62 and over, Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote, with Mayor Green voting no.
Councilman Ford would like Community Development to look into other properties that may be more suited for this project. Mr. Saxton advised that he’s willing to look into other properties, but they do already own this property.
8. Port Orange Soccer Club
Mike Woelfle, President of the Port Orange Soccer Club, addressed Council and asked for their help with quality soccer fields. Mayor Green would like the Club to work with the Parks Board.
Councilman Ford visited the soccer fields in Port Orange as well as met with the Parks Department. He sees the need for fields. He would like to make it a priority of the City and asks the City Manager to place an item on the agenda in the near future to discussion soccer fields. He sees that lighted fields are also needed.
Mayor Green would like to see data regarding costs. He believes with the Club’s help, a plan can be made and the fields can be accomplished.
Vice Mayor Burnette agrees that fields are needed. He doesn’t believe Southwinds is a good field. He believes building west is the right answer.
Councilman Bastian wants to cooperate with the Club to accommodate the request.
Councilman Kennedy also agrees and wants to work on fields at the Tomoka Road site.
Mayor Green wants to open the dialog with Daytona State College with their sports medicine program.
Greg Kisela, City Manager, will provide some options within 30-45 days.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Ted Noftall, citizen, agrees with Mr. Wiles regarding discussion of the CIP and operating budget. He believes expenses are being overstated and revenues understated. He has concerns with the money spent in Finance for coaching/consulting/training. Mayor Green said the City Manager is working on the full report regarding the coaching/consulting/training services. Councilman Ford is concerned with the budget appropriation for these services. He doesn’t believe he had full disclosure of item.
Newton White, citizen, is concerned with documents and presentations being presented during the meeting rather than with the agenda packets.
Judy Zollinger, citizen, thanked Council regarding the trees planted at the BJ’s site. She is concerned with some of the buildings being proposed at Riverwalk by Buddy LaCour and companies.
Jack Kopnicky, PTA President of Cypress Creek Elementary School, addressed Council regarding the banners on the school’s fence. The banners have been up for two years and have raised $5,000 (1st year), $12,000 (2nd year), and this year they are over $12,000 so far. The money is used to supplement the school funding. He requests that an item be added to the agenda to discuss this issue and would like the signs to remain up. Mayor Green asked the City Manager to agenda this issue. Penny Cruz, Principal Planner, advised that based on Council discussion, Staff contacted the school board and they believe they have the authority to regulate the banners. The City does not have authority. The school board advised Ms. Cruz that they would contact the local schools and request that they turn the banners inward rather than have them face the streets.
9. Approval of Minutes
a. June 25, 2013 – Regular City Council Meeting
10. Staff Reports - Building Activity Report and Monthly Development Activity Report for July, 2013
11. 2014 Critical Dates Calendars – Planning Commission
12. Annual Flood Insurance Policy Renewal: Policy Year 2013-2014
13. Addendum #93 to the 1980 Quentin L. Hampton Contract for Engineering Design for Ridgewood Waterline Crossings
Motion to approve Consent Agenda Items #9-13 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
14. First Reading – Ordinance No. 2013-10 - LDC Text Amendment/Chapter 17 – Planned Unit Development (PUD) and Planned Commercial Development (PCD) Regulations, Case no. 13-25000002 (Continued from July 23, 2013)
Mayor Green read Ordinance No. 2013-10.
ORDINANCE NO. 2013-10
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AMENDING THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 17, SECTION 17, PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, PROVIDING FOR PERMITTED USES, AND ALL OTHER REQUIREMENTS FOR THE (PUD) ZONING DISTRICT; AMENDING CHAPTER 17, SECTION 18, PLANNED COMMERCIAL DEVELOPMENT (PCD) DISTRICT PROVIDING FOR ALL REQUIREMENTS FOR THE (PCD) ZONING DISTRICT; AND AMENDING CHAPTER 17, SECTION 27, PROVIDING FOR THE SCHEDULE OF DIMENSIONAL REQUIREMENTS FOR THE PUD AND PCD ZONING DISTRICTS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2013-10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Tim Burman, Principal Planner, provided information on the ordinance.
Councilman Ford requested Staff to include materials regarding referenced items in the agenda packets. He believes these are big changes and he doesn’t agree with the changes. Ms. Roberts advised that Council needs to be specific if they want a certain standard. Councilman Ford is concerned with the use of PUD’s in general. He doesn’t agree with open zoning.
Mayor Green asked if Council would prefer to continue the item to obtain further information. Wayne Clark, Community Development Director, advised that Council would end up with the entire Land Development Code. He has had the same concerns as Councilman Ford for several years. Staff has a hard time memorizing and following all of the various PUD’s in the City. Mr. Clark agrees with continuing the item.
Vice Mayor Burnette would like the Code and LDC uploaded to the iPads.
Motion to withdraw the motion to approve Ordinance No. 2013-10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Motion to continue the item to September 24, 2013 was made by Vice Mayor Burnette.
Mr. Kisela suggests Council discuss the threshold question and table this to early October.
Motion to continue item until October 1, 2013 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
15. First Reading – Ordinance No. 2013-15 - Ordinance Approving the 1st Amendment to the Master Development Agreement (MDA) and Conceptual Development Plan (CDP) for the Bermuda Village Planned Unit Development (PUD), Case no. 13-40000001
Mayor Green read Ordinance No. 2013-15.
ORDINANCE NO. 2013-15
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN FOR RIVERBANK PROPERTIES RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) F/K/A BERMUDA VILLAGE RESIDENCES, A RESIDENTIAL PUD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2013-15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Burman provided information on the ordinance.
Mayor Green is concerned with the flooding of the property. Discussion was held regarding the 12’ setback off of Palmetto Street.
Councilman Kennedy asked what the separation is between the buildings. Mr. Burman said 5 foot setbacks between the homes and minimum of 10 foot separation. There no variation from the current zoning being requested.
Vice Mayor Burnette is concerned with drainage issues to other properties in the area. The concept is acceptable to him. He wants Council to discuss the policy issue of having a four (4) parcel PUD. He doesn’t agree with waiving the sidewalk requirement on Katherine Street.
Councilman Ford met with the neighbors and the main concern is water retention and drainage. Mr. Burman advised that there is a degrading plan on the concept plan. The water is planned to be contained on the site that is generated from the site. It meets the code requirements. The culvert on Palmetto Street will be removed to help with drainage.
Robert Riggio, Riverbank Properties, LLC, advised Council that this request is to amend the current MDA that provides for a five unit condominium building. He explained the changes to the MDA.
Roger Strcula, Engineer with Upham, Inc., spoke regarding grading and materials for the site.
Mayor Green believes this layout is better than previous layouts. His only concern is the water.
Councilman Kennedy agrees that it appears to be a better solution.
Councilman Bastian asked for comments from neighbors.
Vice Mayor Burnette is concerned with density and drainage but he wants to see building in the area.
Councilman Ford said the water is not the builder’s issue.
Margaret Preston, citizen, requests that Council limit the builders to three parcels/units. The culvert and ditch work will help the water issues.
Finley Gibson, citizen, has issues with the drainage. The culvert may help. He would agree that three units would be better.
Unknown citizen stated she is concerned with the setbacks. She is also concerned with the roots of a protected tree on her lot.
Mr. Riggio rebutted the neighbors’ concerns regarding water and tree protection.
Motion denied 1-4 by roll call vote. Vice Mayor Burnette voted yes.
16. First Reading – Ordinance No. 2013-16 – Code of Ordinances Amendment/Special Events, Case No. 13-25000004
Mayor Green read Ordinance No. 2013-16.
ORDINANCE NO. 2013-16
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III RELATING TO SPECIAL EVENTS; AMENDING SECTION 58-51 DEFINITIONS; AMENDING SECTION 58-52 REQUIRING PERMIT; AMENDING SECTION 58-53 REGARDING LIMITATION ON NUMBER AND DURATION OF SPECIAL EVENTS; AMENDING SECTION 58-54 PERMIT APPLICATION; AMENDING SECTION 58-55 PERMIT REVIEW CRITERIA AND PROCEDURE; AMENDING SECTION 58-56 PERMIT CONDITIONS; AMENDING SECTION 58-58 RELATING TO VIOLATIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2013-16 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Ms. Cruz provided details of the ordinance changes as stated in the Ridgewood Corridor Plan.
Councilman Ford agreed with the changes.
Vice Mayor Burnette agreed with Councilman Ford, this will help “put the fun back in Port Orange”. He asked if closing a none used road would trigger the major event category. Ms. Cruz said yes, but something could be written in for that specific area to allow for the faster processing.
Councilman Kennedy supports the ordinance changes. He believes the 7:00 p.m. music restriction is a little tight.
Scott Stiltner, citizen, asked Council to consider road closures of municipal roads rather than county or state roads.
Stan Hetrick, citizen, questioned the noise ordinance mentioned. He thought the ordinance was 9:00 p.m. not 7:00 p.m. Mr. Kisela advised that the noise ordinance will be brought to Council at the next meeting for changes.
Debbie Connors, Port Orange/South Daytona Chamber of Commerce, supports the ordinance.
Motion carried unanimously by roll call vote.
17. Request by Winston James Development to Reduce the Minor Subdivision Application Fee for the Review of a Minor Subdivision
Mayor Green asked what was included in the costs. Tim Burman, Principal Planner advised that the direct employee costs were included.
Winston James, Winston James Development, Inc., advised that they had a similar request several years ago and would appreciate their consideration of the request.
Councilman Ford believes indirect costs should be included. He doesn’t want costs transferred to the general fund. He’d like to see the indirect costs determined.
Vice Mayor Burnette agreed.
Councilman Kennedy also agreed to include the indirect costs.
Item referred back to staff to determine the indirect costs.
CITY ATTORNEY (Margaret Roberts)
18. City Attorney’s Report
Margaret Roberts, City Attorney, updated Council on the documents with the Altamira project. The Unity of Title Agreement was utilized as approved by Council and needs to reflect just the BJ’s site absent the road. Staff will proceed accordingly as normal.
Mr. Noftall asked about the additional information on the arrest of the flight attendant and the settlement of $50,000. Ms. Roberts advised that she doesn’t recall being asked for additional information. She asked for the question again so she can obtain an answer. Mr. Noftall said the question is whether or not the level of lieutenants were being utilized as stated by Staff. Mr. Kisela believes the arresting officer did contact his lieutenant.
ADMINISTRATION (Greg Kisela)
19. City Manager’s Report
Mr. Kisela announced that Jason Yarborough will be the Public Utilities Director on September 9, 2013. He asked for Council’s authorization to move forward in the advertising of the Fire Chief position. Council agreed. Mr. Kisela advised that the light will be reconfigured at the earliest Tuesday, August 27, 2013 at Dunlawton Ave. and Taylor Rd. There are a few issues to still work through. Joint Town Center CRA/Council is planned for August 27, 2013 at 5:30 p.m.
Mr. Noftall asked if the new Fire Chief will be in the pension plan. Mr. Kisela said the advertisement gives the applicant the choice. The City cannot prohibit the Fire Chief from electing the pension plan. The salary can be reduced if they elect the pension plan.
20. Comments/Concerns from Council Members
Councilman Ford received complaints regarding the First Turn Motel dumping old furniture across the street. Penna Court is also dumping old bed mattresses and other furniture. He has concerns with short term rentals in the area. He asked for the status of the project at Oak Street and Spruce Creek Road. Mr. Kisela said they are at 65% completion.
Vice Mayor Burnette asked about the middle section of Yorktowne Blvd.. Mr. Kisela will meet with the owners of the property next week. Vice Mayor Burnette would like to see enhancements to the budget process, in that a three year budget is used as a working budget.
Councilman Bastian asked about the Personnel Projection document with names included. Mr. Kisela advised that the document has historically been produced with the names but he has never provided the document with names in his career. Council agreed to include the names in the document regarding personnel projections. Councilman Bastian would like to know the results of the training/counseling/consulting from Finance. Mr. Kisela said the report has been completed and will be provided. Training was provided in Finance and Fire.
Councilman Kennedy agreed with the three year budgeting idea.
Mayor Green advised that Henry Turner, former employee, passed away. He advised Council that the community wants to do a BBQ cook-off. He asked if Council wants to make the old trailer park in Riverwalk a new park. He wants Council to consider investing in the area.
ADJOURNMENT: 9:35 p.m.
Mayor Allen Green
Robin Fenwick, City Clerk