REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

SEPTEMBER 17, 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

 

Mayor Green read a Proclamation for Constitutional Week.

 

PUBLIC HEARING

 

4.    Discussion of Proposed Millage Rate FY 13/14

 

Mayor Green announced the proposed millage rate of 4.6991, which is the rolled-back rate.

 

Councilman Ford thanked all for being able to hold the rate.

 

Vice Mayor Burnette agreed and looks forward to the three-year budget plan.

 

Councilman Bastian thanked City Staff for their patience and support in keeping taxes low.

 

Councilman Kennedy agreed with all and he wants to obtain citizen comments regarding their wants and needs.

 

Mayor Green wants to aggressively go through the budget and plan for the future.

 

Jim Cameron, Senior Vice President of the Daytona Beach Chamber of Commerce, commended Council and Staff on the transparency of the budget process. He thanked Wayne Saunders, Finance Director for his help on several questions. 

 

5.    Resolution No. 13-51 – Adopting the Final Millage Rate for FY13/14

 

Mayor Green read Resolution No. 13-51.

 

RESOLUTION NO. 13-51

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE FINAL PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR FISCAL YEAR 2013-2014; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-51 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried 4-1 by roll call vote with Mayor Green voting no.

 

6.    Resolution No. 13-52 – Adopting the Final Operating Budget for FY13/14

 

Mayor Green read Resolution No. 13-52.

 

RESOLUTION NO. 13-52

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE FINAL OPERATING BUDGET FOR FISCAL YEAR OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUNT OF $85,047,789; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPRPRIATION AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-52 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford does not like the budget. He doesn’t believe it addresses current concerns. He voiced concerns regarding some of the budgeted amounts. He’s concerned with using reserves to balance the budget.

 

Mayor Green wants money restricted when it is being allotted to a specific project in the future.

 

Ted Noftall, citizen, thanked Council for holding at roll back. He encouraged Council to reject the proposed budget. He believes some over budgeted amounts need to be reallocated where they will really be used.

 

Newton White, citizen, voiced concerns regarding the payroll amounts listed in the budget.

 

Mayor Green disagrees with the concerns regarding the reserves. He worries about major emergencies.

 

Mark Schaffer, citizen, thanked Staff for transparency. He suggested tasking Finance with reporting budget numbers seasonally.

 

Motion carried unanimously by roll call vote.

 

7.    Resolution No. 13-53 – Adopting the Final Capital Budget for FY13/14

 

Mayor Green read Resolution No. 13-53.

 

RESOLUTION NO. 13-53

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE FINAL CAPITAL BUDGET FOR FISCAL YEAR OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 FOR THE CITY OF PORT ORANGE; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE AMOUNT OF $7,845,345; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

 

Motion to adopt Resolution No. 13-53 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford believes there are projects that are not included in the budget that will be spent, such as ball fields and programs. He would like to see more realistic capital plans that include items that will be completed.

 

Vice Mayor Burnette agreed with Councilman Ford. He would like to identify potential funding sources for the projects listed.

 

Councilmen Bastian and Kennedy both agreed.

 

Mayor Green wants projects planned and sources determined. 

 

Motion carried unanimously by roll call vote.

 

8.    Resolution No. 13-54 – Adopting the Final Millage Rate for FY13/14 for Town Center CRA Tax Increment District

 

Mayor Green read Resolution No. 13-54.

 

RESOLUTION NO. 13-54

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE FINAL PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR PORT ORANGE TOWN CENTER TAX INCREMENT DISTRICT, FOR FISCAL YEAR 2013-2014; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-54 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

9.    Resolution No. 13-55 – Adopting the Final Operating Budget for FY13/14 for Town Center CRA Tax Increment District

 

Mayor Green read Resolution No. 13-55.

 

RESOLUTION NO. 13-55

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL TAX INCREMENT DISTRICT OPERATING BUDGET FOR FISCAL YEAR OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR PORT ORANGE TOWN CENTER; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUNT OF $389,465; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

 

 

Motion to adopt Resolution No. 13-55 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford would like to see more money spent on mowing than personnel.

 

Vice Mayor Burnette is looking forward to more TIFF dollars.

 

Councilman Bastian hopes the TIFF dollars will come in so maintenance issues can be handled.

 

Councilman Kennedy agreed.    

 

Motion carried unanimously by roll call vote.

 

10. Resolution No. 13-56 – Adopting the Final Millage Rate for FY13/14 for Eastport CRA Tax Increment District

 

Mayor Green read Resolution No. 13-56.

 

RESOLUTION NO. 13-56

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL PROPERTY TAX MILLAGE RATES TO BE LEVIED FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR EASTPORT BUSINESS CENTER TAX INCREMENT DISTRICT, FOR FISCAL YEAR 2013-2014; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-56 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

11. Resolution No. 13-57 – Adopting the Final Operating Budget for FY13/14 for Eastport CRA Tax Increment District

 

Mayor Green read Resolution No. 13-57.

 

RESOLUTION NO. 13-57

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ADOPTING THE FINAL TAX INCREMENT DISTRICT OPERATING BUDGET FOR FISCAL YEAR OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2014 FOR THE COMMUNITY REDEVELOPMENT AGENCY FOR EASTPORT BUSINESS CENTER; SETTING FORTH ANTICIPATED SOURCES OF REVENUE IN THE ESTIMATED AMOUNT OF $271,362; SETTING FORTH EXPENDITURES IN AN EQUIVALENT AMOUNT; PROVIDING FOR APPROPRIATION AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-57 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford is looking forward administrative costs being lower then operating costs.

 

Vice Mayor Burnette wants to see the area re-branded.

 

Corey Berman, citizen, wants to see the budgeted personnel costs cut.

 

Mr. Noftall believes the budget should be rejected.   

 

Motion carried 3-2 by roll call vote, Councilmen Ford and Bastian voted no.

 

Mayor Green announced the adopted final millage rate of 4.6991 mills per $1,000.00 of valuation is equal to the rolled-back rate, which reflects no change in the ad valorem tax rate from the rolled-back rate. In addition to the foregoing general operating budget/millage levy, there is a voter approved millage levy of .491 mills to fund the debt service for the 2006 general obligation bonds issued for public safety capital facilities.

 

BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

12. Citizen Advisory Committee for TPO

Mayor Green provided the written report from Bobby Ball.

13. Audit & Budget Advisory Board Report

Chairman Noftall provided information from the recent board meeting. There have been no formal votes or recommendations. There were several concerns regarding the YMCA. There are financial documents that have not been provided.

Mr. Berman believes the YMCA personnel feel they are entitled to the City’s help.

Mr. Schaffer said the Board members are waiting on information for some issues. He asked Council what they want the Board to accomplish with the YMCA issue.

Mayor Green believes the YMCA serves the community well. There is not enough information to make an informed decision at this time.

Vice Mayor Burnette believes Council has given the Board too broad of issues and directions. He would like to see a mission statement developed for the Board to help them with direction.

14. Library Board Appointment

Motion to re-approve Shirley Shook was made by Vice Mayor Burnette and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

15. Police Pension Board Appointments

Councilman Kennedy suggested addressing the fact that this term is a two-year appointment and his term is up on Council in 2014.  

Motion to re-appoint Councilman Kennedy to the Police Pension Board was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.

16. Reconsideration of Planning Commission Appointment

 Councilman Bastian requested reconsideration because there was no formal motion and second for the appointment. He also doesn’t believe the applicant appointed is the best person because of the conflicts Dick Smith will have with ICI projects.

Margaret Roberts, City Attorney, advised Council the Roberts Rules of Order. She advised that appointing a person to a Board is typically done by nominating the individual. There can only be two motions on the floor at a time.

Discussion was held regarding the process for voting when more than one applicant has applied. Council consensus is to rank applicants when there is more than one. Councilman Bastian disagrees.

Vice Mayor Burnette nominated all three applicants to the ballot.

Dick Smith provided Council with details regarding potential conflicts. Mayor Green asked him about conflicts. Mr. Smith said there are not many items that go to the Planning Commission from ICI Homes.

Councilman Kennedy doesn’t believe there will be a lot of conflicts with ICI Homes and Dick Smith. He asked Mr. Smith if he can be impartial. Mr. Smith said yes.

Councilman Bastian disagrees and believes there could be more conflicts than just with ICI Homes’ items.

Vice Mayor Burnette likes Mr. Smith’s expertise and believes he is a good candidate. He received a call from a concerned citizen regarding ICI Homes’ seat on the Water’s Edge Homeowner’s Association Board.

Councilman Ford believes the issue is with perception not a personal one.

Mr. Smith spoke regarding the quality of ICI Homes. He wants to encourage other builders to exceed the Land Development Code as ICI does.

Richard Barker provided an updated list of qualifications and provided details. He believes the Planning Commission needs continuity.

Council thanked Mr. Barker for his service.

Ballots were provided to Council. Robin Fenwick, City Clerk, counted the ballots for each vote as follows:

Vote 1 – (Selecting top two applicants)

Todd Traster – 3 votes

Dick Smith – 4 votes

Richard Barker – 3 votes

 

Vote 2 –  (Selecting top applicant)

 

Todd Traster – 2 votes

Dick Smith – 1 vote

Richard Barker – 2 votes

 

Vote 3 – (Runoff between Traster & Barker)

 

Todd Traster – 2 votes

Richard Barker – 3 votes

 

Richard Barker was reappointed to the Planning Commission.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Mr. Berman complained about the cars parking in the grass at Houligan’s and asked if the police can issue tickets.

 

CONSENT AGENDA

 

17. Approval of Minutes

a.    August 6, 2013 – Regular City Council Meeting

b.    August 13, 2013 – Special City Council Meeting

18. Staff Reports - Building Activity Report and Monthly Development Activity Report for August, 2013

19. Bid Award for Annual Supply of Chemicals for Water and Wastewater

20. Piggyback Agreement with Stewart’s Electric Motor Works for Electric Motor and Pump Repair

21. Approval of Wraparound Agreement and Approval of Participating Addendum for Strategic Agreement with HD Supply Waterworks, LTD.

22. Addendum No. 2 to contract with Sparks Concrete, LLC

23. Change Order No. 1 to the Agreement for Utility Supplies with Ferguson Enterprises, Inc. d/b/a Ferguson Waterworks

24. Approve Bid Award with Daktronics for scoreboard replacement at City Center Sports Complex

25. Sole Source Purchase of Neptune Water Meters from Sunstate Meter & Supply, Inc.

26. Approval of expenditures for the Rental of busses and school sites for summer playgrounds

27. Electrical Services Contract Addendum No. 6 between the City of Port Orange and Economy Electric Company

28. Award of Bid #13-22 – CDBG Area Safe Routes to School Sidewalks

29. Sole Source Authorization of Landfill Services by the County of Volusia

 

Councilman Ford asked that Item #19 be pulled for further discussion.

 

Motion to approve Consent Agenda Items 17, 18, and 20 – 29 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item 19 – Councilman Ford received complaints about fluoride being added to the water in Port Orange.

 

Ted Noftall, citizen, asked Council to not approve the item and to further discuss the addition of fluoride to the City’s water. He doesn’t believe it should be added to the water.  

 

Mayor Green advised that several presentations have been made to Council over the years and the policy decision was to add fluoride.

 

Mr. Kisela stated the City has added fluoride for over twenty (20) years.

 

Jason Yarborough, Public Utilities Director, advised that it is a policy issue by Council in years past.

 

Councilman Bastian asked if there would be any problems without the fluoride. Mr. Yarborough said no. There is no bearing on the water quality. Councilman Bastian ??

 

Councilman Kennedy recommends the Council vote on the item today and discuss the policy issue at a future meeting.

 

Motion to approve item #19 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote, with Councilman Bastian voting no.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

30. Second 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. Motion carried unanimously by roll call vote.

 

31. Resolution No. 13-58 – Special Events Amendment Fee Resolution, case no. 13-25000004

 

Mayor Green read Resolution No. 13-58.

 

RESOLUTION NO. 13-58

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING FEES RELATED TO SPECIAL EVENTS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-58 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Bastian had slight concerns with Section 2.

 

Mr. Schaffer, citizen, asked how the new fees relate to old fees.

 

Penelope Cruz, Principal Planner, explained the changes included in the Ordinance and the permits specifically relating to Firestone’s grand opening.

 

Motion carried unanimously by roll call vote.

 

32. First Reading – Ordinance No. 2013-17 – Rezoning/Volusia County Rural Agriculture (A-2) to City of Port Orange Agriculture (A), Case no. 13-60000001

 

Mayor Green read Ordinance No. 2013-17.

 

ORDINANCE NO. 2013-17

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING APPROXIMATELY 25.6 ACRES LOCATED EAST OF TOMOKA FARMS ROAD, NORTH OF CRAIG FARMS ROAD FROM VOLUSIA COUNTY RURAL AGRICULTURAL (A-2) TO CITY OF PORT ORANGE AGRICULTURAL (A); AUTHORIZING REVISION OF OFFICIAL ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2013-17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Tim Burman, Principal Planner, provided details of the rezoning request.

 

Stan Hetrick, citizen, asked if there are plans for a road behind Cordgrass Road. Mr. Burman said the property owners would be required to extend the road should they decide to develop the area. 

 

Motion carried unanimously by roll call vote.

 

33. Resolution No. 13-59 – Proposed Tree Conservation Easement Vacation – Lots 19 and 20, Ashton Lakes Phase III at Cypress Head, case no. 13-35000005

 

Mayor Green read Resolution No. 13-59.

 

RESOLUTION NO. 13-59

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, VACATING A TREE CONSERVATION EASEMENT LOCATED ON LOT 19 AND LOT 20 IN THE SUBDIVISION PLAT OF ASHTON LAKES, PHASE 999 AT CYPRESS HEAD; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A QUIT CLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-59 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

34. Reconsideration - 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 BILLAGE RESIDENCES, A RESIDENTIAL PUD; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2013-15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Kennedy disclosed that he met with the applicant and their attorney. Councilman Bastian also met with the applicant and their attorney.

 

Mr. Berman said the concerns of more traffic will not be helped if the applicant is allowed to build under the current MDA. He supports the project as it will put people to work and provide additional taxes.

 

Robert Riggio, Attorney for applicant, provided details of the project and introduced the project engineer, Roger Strcula.

 

Roger Strcula, Engineer with Upham, provided information on his background and details of the project.

 

Mr. Riggio advised that the project has been changed to be one-story homes and they agree to retain the large historical trees. They have discussed the project with neighbors. All of the requirements from the City have been met. He requests Council approve the Ordinance and allow the project to move to second reading.

 

Ms. Roberts pointed out the Staff Report (page 6) includes four policy issues for Council’s consideration.

 

Councilman Ford is concerned with the residents of Port Orange. He would like to see a Community Development Department that is more in tune with the citizens rather than the developers. He doesn’t agree with the 48’ lots.

 

Jim Mack, property owner, explained his issues with his mowing contract.

 

Vice Mayor Burnette is concerned with voting this down. He spoke to a neighbor who is concerned with drainage.

 

Councilman Bastian asked how many residents were talked to. Mr. Mack advised that they talked to all adjacent neighbors.

 

Councilman Kennedy believes the development includes a considerable improvement to the drainage problems.

 

Arnold Snyder, citizen, voiced concerns regarding the drainage issues.

 

Finley Gibson, citizen, thanked Council and Staff for their concern. He believes the project is good but has concerns with the closeness of the homes. He does not support the project. He does support the townhomes.

 

Uta Dumermuth, citizen, is against the project. She is concerned about drainage. She supports the townhouses rather than single family homes.

 

Margaret Preston, citizen, is also concerned with the drainage issues.

 

Mr. Noftall believes the City needs to fix the culverts and provide proper drainage.

 

Councilman Kennedy believes the neighbors want the townhomes rather than single family homes. His vote hasn’t changed.

 

Councilman Bastian sees there could be more water issues.

 

Vice Mayor Burnette believes this project is better as far as drainage.

 

Councilman Ford wants to address the drainage in this area. He wants to see closer ties with Staff and the neighbors.

 

Ms. Roberts asked that the policy issues be voted on.

 

Motion to allow a minimum lot width of 48 feet was made by Vice Mayor Burnette and Seconded by Councilman Kenned. Motion failed 1-4 by roll call vote, with Mayor Green voting yes.

 

Motion to allow a 12’ setback along Palmetto Street instead of the 25’ required by similar single-family residential zoning districts (R-7SF) was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion failed 1-4 by roll call vote, with Mayor Green voting yes.

 

Motion to eliminate the requirement to install sidewalks along Katherine Street and Palmetto Street was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote, with Vice Mayor Burnette voting no.

 

 

Motion to allow the project to be developed with 52% private open space on each individual lot instead of the required 40% private open space for each individual lot and 60% of the project area being dedicated as open space or common open space was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 3-2 by roll call vote, with Councilman Kennedy and Ford voting no.

 

Ms. Roberts advised that without items 1 and 2 being approved, the MDA needs to be sent back to Staff or denied.

 

Motion was made to return the MDA to staff by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Berman suggested using the reserves to purchase the property from the owner for drainage.

 

Motion carried unanimously by voice vote.

 

PUBLIC SAFETY (Jerry Monahan)

 

35. Resolution No. 13-60 - Victims of Crime Act (VOCA) Grant

 

Mayor Green read Resolution No. 13-60.

 

RESOLUTION NO. 13-60

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE THE ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF FLORIDA IN THE AMOUNT OF $49,786.00 FOR THE VICTIMS OF CRIME ACT (VOCA) GRANT PROGRAM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AGREEMENTS OR CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-60 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

36. Resolution No. 13-61 - United States Fire Administration Staffing Assistance to Fire and Emergency Response (SAFER)

 

Mayor Green read Resolution No. 13-61.

 

RESOLUTION NO. 13-61

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; RATIFYING AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR STAFFING ASSISTANCE FOR FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROGRAM, TO FUND THREE FIREFIGHTER POSITIONS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS AND CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-61 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Vice Mayor Burnette asked Fire personnel to discuss the items not covered by the grant. Chief Weir advised that overtime costs are not covered. Vice Mayor Burnette asked that the overtime costs be tracked and reported to Council.

 

Mr. Schaffer would like to see a written plan regarding the anticipated savings in overtime.

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

37. City Attorney’s Report

 

Ms. Roberts advised Council that the licensing board met last week regarding the licensing for construction of the reclaimed water plant rehabilitation. They have determined that a certified underground utility contractor can build the head works at the reclaimed water plant. An item will be brought back on October 1, 2013.

 

ADMINISTRATION (Greg Kisela)

 

38. Update regarding the Tuff Turf letter

 

Mr. Kisela advised that a report was provided by Mary Anderson, Public Works Director, regarding the issues raised by Tuff Turf.

 

Ms. Anderson provided details regarding Tuff Turf’s mowing contract and issues. She stated that documentation was provided to Tuff Turf regarding performance issues frequently. Documents were not provided by Tuff Turf as requested regarding the issue of mowing areas that are not covered in the contract.

 

Councilman Ford is very concerned with the look of the City and in particular the medians. He researched Tuff Turf and found that they are considered top notch in the industry. He asked Ms. Anderson what is needed to bring the look of the community back up. Mayor Green said it is Council’s policy changes that affects the look. The number of mows was reduced.  Mr. Kisela said some of the issues raised are accurate. He asked that Staff bring back a comprehensive plan to address the whole issue.

 

Vice Mayor Burnette is concerned with the allegations in the letter that Staff dealt with a vendor in less than a professional way. Mr. Kisela said the email trail showed frustration of Staff regarding performance. Ms. Anderson said the email trail showed nothing but professionalism by City Staff. The meetings she has been involved in has also been professional. Discussion was held regarding the extent of the issues with Glencoe in the past. Discussion was also held regarding number of mows and the cuts made in Public Works.

 

Councilman Bastian said the median on Dunlawton in front of the post office is bad. He asked who is responsible for the medians. Ms. Anderson believes the companies both bid too low and the contractors could not keep up with the workload. Councilman Bastian asked about the status of the approval of the project for Dunlawton medians and walk lights. Wayne Clark, Community Development Director, advised that there were some questions about the plantings and the maintenance of those plantings. They are negotiating changes on the plantings.

 

Mr. Noftall wants to know who is responsible for the medians. He had several questions regarding responsibility of the medians and the emergency Glencoe contract. He wants to know what happened in the first 40 days of the Tuff Turf letter. He also wants to know who advised (or didn’t advise) the City Manager regarding the Glencoe re-hire. Mr. Kisela advised that he spoke with Public Works and Purchasing. Mr. Noftall asked who is responsible for the Public Works crews who can’t cut grass. He wanted to know why Tuff Turf wasn’t fired before now if they were not performing up to the contract. Mr. Noftall also asked what the value is of the medians in the budget. Mayor Green said answers will be provided.

 

39. City Manager’s Report

 

Mr. Kisela had nothing further.

 

COUNCIL COMMENTS

 

40. Comments/Concerns from Council Members

 

Councilman Kennedy asked what is being constructed at the Burger King. Mayor Green said they are moving the road over so they can build an outparcel.

 

Councilman Bastian asked for donations for the Port Orange Soccer Club.

 

Vice Mayor Burnette advised that he is putting together a summit with sports teams regarding the building of a sports complex.

 

Councilman Ford wants help with the drug dealing happening in District 1 at Niver Road and Riverside Drive as well as Magnolia Avenue and Bayshore Road. He wants a systematic plan to preserve the neighborhoods.

 

Mayor Green asked about the Dunlawton Avenue and Taylor Road intersection. Mr. Clark explained that the State permit has been received; however, the County permit expired and is being renewed.

 

ADJOURNMENT: 10:08 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, CMC, City Clerk