REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

OCTOBER 1, 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

 

BOARD REPORTS AND APPOINTMENTS

 

4.    Parks & Recreation Advisory Board Quarterly Update

 

Jack Wiles was unable to attend. The quarterly report will be provided at a later date.

 

5.    Team Volusia presentation

 

John Ferguson, Chairman, thanked Council for their support and provided details on their services. Keith Norden, CEO, provided an update on the investors, outreach, and projects Team Volusia has been working on.

 

Mayor Green would like someone to do an evaluation of Port Orange’s strengths and weaknesses. Mr. Norden advised that an exit interview is done when a business decides not to open in Volusia County.

 

 Corey Berman, citizen, asked how much is paid toward salaries. Mr. Norden said it is approximately 25-30%. 

 

CITIZEN PARTICIPATION

 

6.    Family Days request – John Junco

 

John Junco requested approval to place banners every year at the same two locations for Family Days (at Dunlawton Avenue and Clyde Morris Blvd.). The banners will comply with City codes and will be removed promptly after the event.

 

Motion to approve as requested was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Lewis Taylor, citizen, addressed Council regarding the painting of the bike rake. He would like to volunteer to paint it.

 

Ted Noftall, citizen, asked Council how the citizens evaluate employee performance. Mayor Green advised that the employee’s report to the City Manager. Mr. Noftall believes certain employee positions need to have a residency requirement.

 

Corey Berman, citizen, addressed Council regarding employee residency requirements, as well as banana peels on US 1. He asked Council to direct the City Manager to terminate Mary Anderson, Public Works Director.

 

Scott Webb, citizen, addressed Council regarding parking code violations in Springwood Square.  He has reported it to Code Enforcement several times but nothing ever gets fixed. Councilman Ford would like to see a focus on Springwood Square. Mr. Kisela advised that the Code Officers have been focused on high weeds and grass, junk, and businesses being run in residential areas. The Code Officers are working on certifications so they can write citations.

 

Mayor Green suggested having district meetings and performing sweeps.

 

CONSENT AGENDA

 

7.    Approval of Minutes

a.    August 27, 2013 – Regular City Council Meeting

8.    Construction Activity Report

9.    Parks & Recreation Project Updates

10. Skate Park Donation and Change Order

11. Contract for Services with Set Materials for Lime Sludge Disposal

12. Sole Source Purchase of Professional Services from SunGard Public Sector for HTE Software Modifications

13. Cooperative Economic Development Agreement with Team Volusia Development Corporation

14. RFSQ #12-36 Professional Construction Inspection Services, Environmental Services, and Debris Monitoring Services

15. Special Event Request – Wide Open Saloon, 5395 S. Ridgewood Avenue

16. Special Event Request – The Last Resort Bar, 5812 S. Ridgewood Ave., Best Cars, 5816 S. Ridgewood Ave., Hunt for Cars, 5796 S. Ridgewood Ave.

17. Special Event Request – First Turn Steakhouse & Lounge, 5236 S. Ridgewood Avenue & 5204 Ridgewood Avenue

18. Contract Addendum No. 3 to the agreement between the City of Port Orange and Premier Magnesia, LLC for Magnesium Hydroxide for the Reclaimed Water Treatment Plant

 

Items pulled from Consent for further discussion: #14-17 by Vice Mayor Burnette, #13 by Councilman Ford, #10 by Councilman Bastian, and #11 by Mayor Green.

 

Motion to approved Consent Agenda Items #7-9, 12, 18-20 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #10 – Councilman Bastian asked for information regarding phases 2 and 3. Susan Lovallo, Parks & Recreation Director, advised that the project will include a donation of the concrete but not the labor to pour the concrete. The savings of the donation of concrete will be approximately $15,000. 

 

Motion to approve item #10 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

Item #11 – Mayor Green discussed lime sludge being local and that it has helped save the City a lot of money. 

 

Motion to approve Item #11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #13 – Mr. Noftall addressed Council regarding his concerns with renewing the contract with Team Volusia. Mayor Green advised that Team Volusia provides exposure of the area. Mr. Noftall asked how much City Staff time goes into Team Volusia. Mr. Kisela advised that his time is approximately 2-3 hours a month.

 

Vice Mayor Burnette is happy with the work Team Volusia is doing but wants to see some projects this year.

 

Mr. Berman doesn’t believe Council should invest in Team Volusia. 

 

Motion to approve item #13 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried 4-1 Councilman Bastian voted no.

 

Item #14 - Mr. Berman is concerned that Roger Smith, former Public Utilities Director, will apparently be working for Quentin L. Hampton. He doesn’t want Mr. Smith working on any Port Orange projects.

 

Councilman Ford believes the contract should include 2013. Mr. Kisela advised that the contract approved at the September 24, 2013 meeting sunsetted on September 30, 2013. This new contract begins October 1, 2013.

 

Motion to approve item #14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 4-1 by roll call vote, with Councilman Bastian voting no.

 

Item #15 - 17 – Vice Mayor Burnette doesn’t agree with the length of the days being requested and the hours. He wants the permits to be consistent. The days aren’t consistent to the event dates.

 

Jerry Monahan, Police Chief, advised that the bars are already permitted to operate and be open until 2:00 a.m. The music is the issue. It should be turned down/stopped at 10:00 p.m.

 

Mayor Green doesn’t agree with waiving the $250.00 fees.

 

Council agreed to the following conditions: (1) not waiving the $250.00 fee, (2) no music outside after 10:00 p.m., and (3) allow for five (5) days not seven (7).

 

Motion to approve item #15 with the above conditions was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Motion to approve item #16 with the above conditions was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

Motion to approve item #17 with the above conditions was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Newton White, citizen, asked why the restriction is being placed on First Turn regarding no drinks passed a certain mark. Wayne Clark, Community Development Director, is not exactly sure. It has historically been granted with that condition. He will find out and provide Mr. White and Council with the answer.

 

Motion carried unanimously by roll call vote.

 

FINANCE (Wayne Saunders)

 

19. Resolution No. 13-67 – Budget Appropriation – A/C repairs at Allen Green Center & Recreation Impact Fees

 

Mayor Green read Resolution No. 13-67.

 

RESOLUTION NO. 13-67

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-67 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Wayne Saunders, Finance Director, provided details of the budget transfer.

 

Motion carried unanimously by roll call vote.

 

20. Resolution No. 13-70 – Budget Appropriation – Purchase of 4190 Ridgewood Avenue

 

Mayor Green read Resolution No. 13-70.

 

RESOLUTION NO. 13-70

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROPRIATING OPERATING AND CAPITAL FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE

 

Motion to adopt Resolution No. 13-70 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Saunders provided details of the budget transfer.

 

Councilman Ford has concerns and would prefer the monies come from the Town Center CRA budget for tracking purposes. He would like to see the funds repaid by TIFF funds.

 

Councilman Bastian agrees that the money should come from the Town Center CRA budget.

 

Councilman Kennedy agrees it should be discussed.

 

Motion carried 4-1 with Councilman Bastian voting no.

 

COMMUNITY DEVELOPMENT ( Wayne Clark)

 

21. 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.

 

Mr. Kisela asked that the item be continued to November 12, 2013.

 

Motion to continue item #21 to November 12, 2013 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.

 

22. Resolution No. 13-68 – Adoption of the Volusia County Integrated Floodplain Management Plan

 

Mayor Green read Resolution No. 13-68.

 

RESOLUTION NO. 13-68

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ADOPTING THE VOLUSIA COUNTY INTEGRATED FLOODPLAIN MANAGEMENT PLAN; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-68 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

POLICE DEPARTMENT (Jerry Monahan)

 

23. Second Reading – Ordinance No. 2013-13 – Noise Ordinance Amendment

 

Mayor Green read Ordinance No. 2013-13.

 

ORDINANCE NO. 2013-13

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING CHAPTER 42, ARTICLE IV, RELATING TO NOISE REGULATIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Stan Hetrick, citizen, asked for clarification on who can get cited. Mayor Green advised the police will find the person in charge. Chief Monahan advised that the manager or person responsible for the noise. 

 

Motion carried 4-1 by roll call vote, with Vice Mayor Burnette voting no.

 

PUBLIC UTILITIES (Jason Yarborough)

 

24. Bid No. 13-16 - Reclaimed Water Plant Rehabilitation

 

Mr. Kisela requested approval of a non-substantial irregularity removing the requirement for a certified general contractor and ratify the local preference to award to Danus Utilities, Inc. to perform the reclaimed water plant rehabilitation as a certified underground contractor.

 

Motion to approve as presented was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

PUBLIC WORKS (Mary Anderson)

 

25. First Reading – Ordinance No. 2013-18 – Award of Non Exclusive Franchise for Roll-off Containers (Bid No. 13-27)

 

Mayor Green read Ordinance No. 2013-18.

 

ORDINANCE NO. 2013-18

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; GRANTING A NON-EXCLUSIVE FRANCHISE TO EACH OF THE FOLLOWING ENTITIES: WASTE PRO OF FLORIDA, INC., SOUTHEAST CONTAINER SERVICE, INC., SAMSULA WASTE, INC., F.S.I. ROLL OFF CONTAINER SERVICE AND REPUBLIC SERVICES OF VOLUSIA COUNTY FOR PROVIDING ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; OUTLING FRANCHISEES’ DUTIES; PROVIDING TERMS AND CONDITIONS UNDER WHICH SUCH FRANCHISEES SHALL OPERATE; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-18 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mayor Green asked about demolition companies using dumpsters and the costs relating to recycling materials. Mr. Kisela said there is a $20.00 charge for each pull. It can be refunded for recycling materials. Discussion was held regarding monitoring of the pulls.

 

Mr. Berman asked about Home Depot and Lowes providing “bagsters” that work the same as the containers. Councilman Bastian doesn’t believe the “bagsters” will hold enough for contractors. Mr. Kisela said Staff may need to look into it. “Bagsters” are new to the market.

 

Mr. Noftall asked how the City bills for the pull fee ($20.00). Mr. Kisela said the franchisee makes the payment monthly. The City has the ability to audit their books. Mr. Noftall doesn’t believe the pull charge should be charged.

 

Motion carried 3-2 by roll call vote, with Councilman Ford and Councilman Bastian voting no.

 

CITY ATTORNEY (Margaret Roberts)

 

26. Settlement Offer by Roger Smith

 

Margaret Roberts, City Attorney, advised Council of two minor changes to the settlement offer provided to Council with the agenda materials. (both relate to dates)

 

Ms. Roberts read the attached statement into the record.

 

Chief Monahan provided details of the investigation of Roger Smith relating to administrative leave. (Written report provided to Council and attached hereto.)

 

David Hood, Attorney for Roger Smith, agreed with the details provided by Chief Monahan and believes the case going to trial will cost the City more than settling.

 

Mr. Noftall doesn’t like that documents were handed out at the dais by Chief Monahan. He asked several questions regarding the police investigation. Chief Monahan provided answers.

 

Mr. Berman asked if Roger Smith is working or will be working for Quentin L. Hampton. Attorney Hood said no and the Settlement Agreement prevents Mr. Smith from working on Port Orange projects.

 

Jim Morris, citizen, addressed Council regarding Mr. Smith’s consequences and suffering for his mistakes. He supports Council approving the settlement offer.

 

Councilman Kennedy asked if Mr. Smith is eligible for retirement benefits. Mr. Kisela said he is vested and would be eligible when he reaches the age of retirement.

 

Councilman Bastian agreed with Mr. Hood’s comments regarding attorney’s fees if it goes to trial.

 

Vice Mayor Burnette doesn’t believe a trial would go in the City’s favor. He asked if the status of the “Shirley books” were ever found. Chief Monahan advised that the books have not been found. They were retained for two years. The Excel spreadsheets and Outlook program information contained information regarding the time off allowed.

 

Councilman Ford doesn’t believe this was isolated to Public Utilities. He believes the Police Department should have been involved from the very beginning. He wants to see a tighter organization if administrative leave is going to be an option. Executive needs to be implemented in all departments. Mr. Kisela advised that Executime system does not work for fire and police shifts. Staff is looking for a system that will work.

 

Mayor Green still wants to pay employees without providing accrued time off.

 

Motion to accept the settlement offer was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.           

 

27. City Attorney’s Report

 

Ms. Roberts will bring a draft ordinance relating to residency requirements.

 

ADMINISTRATION (Greg Kisela)

 

28. Resolution No. 13-66 – Proposed Vacation of Public Park Purpose – Harbor Oaks Unit 1 subdivision

 

Mayor Green read Resolution No. 13-66.

 

RESOLUTION NO. 13-66

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA VACATING THE PUBLIC “PARK” PURPOSE ON PARK PARCEL IN BLOCK 12, HARBOR OAKS UNIT 1 SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 13-66 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mayor Green asked if this would go out to bid. Mr. Kisela said yes and those bids can be accepted or rejected.

 

Motion carried unanimously by roll call vote.

 

29. Resolution No. 13-69 – Contract for Sale and Purchase of Real Property at 4190 Ridgewood Avenue

 

Mayor Green read Resolution No. 13-69.

 

RESOLUTION NO. 13-69

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY AT 4190 RIDGEWOOD AVENUE; AUTHORIZING EXECUTION OF SAID CONTRACT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CLOSING DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford is in favor of this purchase if there is a strategic plan in place. He wants quality code enforcement in the area if Council is going to buy property.

 

Mayor Green asked what the new Code Supervisor will be handling. Mr. Kisela said he will be supervisor the code officers and helping prioritize the cases.

 

Chris Hutchison, Code Supervisor, advised Council that the property is scheduled for the Special Magistrate Hearing on October 9, 2013. He is working on speeding the code processes up.

 

Wayne Clark, Community Development Director, provided details of the code processes being changed to speed up compliance.

 

Mayor Green asked Mr. Kisela to find a way to use volunteers to pull signs.

 

Vice Mayor Burnette said targeting properties for removing blight is in the Ridgewood Corridor Plan. He asked what the purpose of the property is. Mr. Kisela said the property is planned to be used for retention.

 

Councilman Kennedy believes this purchase is a good start to help the area.

 

Mr. White asked why an environmental assessment is needed if the home is going to be demolished. Mr. Kisela said the environmental assessment is to determine if there is any lead based paint, asbestos, or other liabilities.

 

Mr. Noftall doesn’t believe water retention will work on the property. Mr. Noftall asked if Staff or Council had contacted David Hull (neighbor of this property) to see if he was interested in purchasing the property. Mayor Green said the current owner advised him that she had contacted the neighbor. Mr. Noftall is surprised the item has moved to this stage. Mr. Kisela advised the item is an option contract and needs Council approval to move forward. The appraisal is exempt until the contract is entered into.

 

Motion carried 4-1 by roll call vote, with Councilman Bastian voting no. 

 

30. 2014 Legislative Program

 

Mr. Kisela provided details of the program being proposed and deadlines coming up.

 

Mayor Green spoke to Jeff Feasel, Halifax Hospital, who would like to speak to Council regarding the hospital taxing district.

 

Vice Mayor Burnette wants to see the hospital taxing district boundaries changed so that the taxes are charged fairly. He doesn’t like the fact that a lobbyist is needed, but he believes they are needed.

 

Councilman Ford doesn’t agree with lobbying as a whole. He supports the legislative program.

 

Shannon Lewis, Assistant City Manager, asked Council to authorize Staff to provide documents to the legislature regarding the hospital taxing district. A designee also needs to be appointed by Council.

 

Mr. Noftall suggested recommending abolishing the taxing districts. He doesn’t believe the City should have a Democratic lobbyist.

 

Mayor Green said he has talked to others (including Republicans) who believe Sean Pittman has done a great job for the City.

 

Motion to approve legislative program was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Consensus of Council was for Vice Mayor Burnette to be the designee for Council.

 

Motion to approve the hiring of a lobbyist was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried by 3-2 roll call vote, with Councilmen Ford and Bastian voting no.

 

Motion to hire Pitmann Law Firm as the lobbyist for one year was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

 

Mr. Berman believes this should be referred to the Audit & Budget Advisory Board with direction. Mayor Green requested the Board to start providing some recommendations.

 

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

 

31. City Manager’s Report

 

Mr. Kisela had nothing further to report.

 

COUNCIL COMMENTS

 

32. Comments/Concerns from Council Members

 

Councilman Ford asked if the dirt pile at Coraci Park will be used. Mr. Kisela said it will be used for the skate park. Councilman Ford would like the median in City Center weeded. He requested residency requirements for certain employees. He asked about the sign in Eastport. Mr. Kisela will provide a status report. Councilman Ford asked what the status is of the bus benches. Mr. Kisela advised that the audit is almost complete and it appears there is an amount owed.

 

Vice Mayor Burnette asked how often employee’s driver’s licenses are checked to ensure they are valid. Mr. Kisela said annual audits are done through Human Resources. Ms. Lewis advised changes are supposed to be provided to HR. HR will be advising new hires of the requirement. Vice Mayor Burnette received a complaint relating to a rolling stop at the stop signs within City Center Complex. He requested some enforcement. He asked when the fence at the park in Harbor Oaks was going to be moved. Mr. Kisela said Susan Lovallo, Parks & Recreation Director, met with the neighbors and the fence was moved to meet their request.

 

Councilman Bastian asked about the median improvements and walk lights listed on the Construction Report (item 8). He wants to know why it’s taking so long to get going. Mr. Kisela said a project update is coming out. Councilman Bastian said the Pink Fire Truck event went well. He is embarrassed that the City would not support the request for a donation to gas the trucks. He thanked the City of New Smyrna Beach for stepping up and donating the money.

 

Councilman Kennedy would like the yellow flashing arrow at Boggs Ford Road and Yorktowne Blvd. He asked if Council is walking in the parade for Family Days. Mr. Kisela said yes, he will provide the specifics.

 

Mayor Green asked what’s being done with the intersection. Mr. Clark advised that the permits have been issued and will take three weeks from their start date. They have not started. The Grand Opening for BJ’s is on Friday, October 4, 2013.

 

ADJOURNMENT: 10:13 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, City Clerk