REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
OCTOBER 15, 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
4. Jeff Feasel – Halifax Health
Jeff Feasel, President and CEO, was unable to attend. Robert Williams, Executive Director, provided a brief history of Halifax Health and advised Council he is available for questions. Mr. Kisela said the Legislative Session being held on Wednesday, October 16, 2013 will include the hospital taxing district.
BOARD APPOINTMENTS, INTERVIEWS, & REPORTS
5. Citizen Advisory Committee for TPO
Bobby Ball provided the TPO report to Council.
6. Audit & Budget Advisory Board Report
Ted Noftall, Chairman, provided an update to Council relating to the topics discussed at the recent Audit & Budget Advisory Board meeting. He is concerned the YMCA information will not be provided timely enough. He believes the time clock issue for exempt employees should be addressed. The pension expense calculation was also discussed. He suggested Council re-examine the FY2014 budget to delete the extra pension expense.
Mark Schaffer, member of the Audit & Budget Board, doesn’t believe he has received information relating to the reserve funds for the YMCA. He has not received a reconciliation of the numbers.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Mr. Noftall addressed Council regarding the review of the performance of senior administrators. He asked Council to give direction to the City Manager regarding the policies regarding sick, vacation leave, and other benefits.
Mayor Green asked for a special workshop to review benefits.
Mayor Green asked Boy Scout, Eric Piper, of Troop 436 to introduce himself to Council.
7. Approval of Minutes
a. September 3, 2013 – Regular City Council Meeting
b. September 17, 2013 – Regular City Council Meeting
8. Staff Reports - Building Activity Report and Monthly Development Activity Report for September, 2013
9. Approval to utilize the National Joint Powers Alliance (NJPA) contract to purchase parts and supplies for Fleet vehicles and equipment
10. Piggyback Agreement with Pace Analytical Services, Inc. for the Purchase of Lab Analysis and sampling
11. Piggyback Agreement with the County of Volusia Master Agreement #780 3722A-1 and Center Florida Controls for a term of 8/15/2013 to 8/14/2014
12. Major Special Event Request – Lighthouse Loop Half Marathon @ DJ’s Deck at 79 E. Dunlawton Avenue, Aunt Catfish Restaurant at 4009 Halifax Drive, and Panheads Pizzeria at 4085 Ridgewood Avenue
13. Addendum No. 95 to the 1980 Contract with Quentin L. Hampton Associates, Inc. for Water System Replacement 2014 Bid Preparation & Construction Management Services
14. Maintenance/Repair of Video Surveillance Systems by Diamond Quest
15. Approval to utilize the Florida Sheriff’s Association contract to purchase tires for Fleet vehicles and equipment for FY 2014
16. Approval to utilize State of Florida contract to purchase tires for Fleet vehicles and equipment for FY 2014
17. City Cost Participation – Atlantic Marine – 10” Waterline Extension Project across and along Dunlawton Avenue from Ruth Street to Lemon Street
18. Dunlawton Drainage Improvements & Halifax Canal Reclaimed Water Augmentation Project, Change Order #1
19. Waive normal bidding procedures to purchase Telemetry Control Equipment from Data Flow Systems, Inc. for the Public Utilities Department
20. 2008 Tatra on/off road Brush Truck Transmission Repair
The following Consent Agenda Items were pulled for further discussion:
Item #14 by Vice Mayor Burnett; Items #13, 15, and 18 by Councilman Ford; Item #19 by Councilman Bastian; and Item #20 by Mayor Green.
Motion to approve Consent Agenda items #7-12, 16 and 17 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #13 – Councilman Ford would like to see the 1980 Contract reviewed to ensure the best price is being received.
Motion to approve Consent Agenda Item #13 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
Item #14 – Vice Mayor Burnette asked if there is a maintenance agreement for the video surveillance systems and asked if it is sole source.
Jason Yarborough, Public Utilities Director, advised the item is the ongoing maintenance on the system, not specific repairs.
Motion to approve Consent Agenda Item #14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Schaffer asked if the City is required to provide video recording. Mr. Kisela advised the 9-11 Homeland Security requires video recordings.
Motion carried unanimously by voice vote.
Item #15 - Councilman Kennedy asked why the Sheriff’s contract and the State of Florida contracts are both needed. Mary Anderson, Public Works Director, said each covers different sizes and/or different brands. Councilman Kennedy doesn’t agree with blindly piggybacking contracts. Mr. Kisela said information will be provided to provide a comfort level for Council.
Motion to approve Consent Agenda Item #15 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Item #18 – Councilman Ford asked when the shop drawings were done and by who is responsible. Fred Griffith, Public Utilities Engineer, doesn’t recall the exact date but it’s been about 6 months ago. Brad Blais, Quentin L. Hampton, provided details of the delayed equipment. Mayor Green would like to know the costs of the delay. Councilman Ford is not happy with the project.
Motion to table Consent Agenda Item #18 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
Item #19 - Councilman Bastian asked if Telemetry Control Equipment from Data Flow is sole source. Mr. Kisela said yes.
Motion to approve Consent Agenda Item #19 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #20 –
Motion to approve Consent Agenda Item #20 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mayor Green asked Chief Burgman about the equipment being repaired. Chief Burgman said the truck has been broken for several months and needs to be repaired before it’s needed in the field.
Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
21. Second 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 FRAMS 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. Motion carried unanimously by roll call vote.
22. First Reading – Ordinance No. 2013-19 - Ordinance Approving the Restatement of the 1st Amendment to the Master Development Agreement for the Nova Depot Planned Commercial Development Case No. 13-40000003
Mayor Green read Ordinance No. 2013-19.
ORDINANCE NO. 2013-19
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE RESTATEMENT OF THE FIRST AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT FOR THE NOVA DEPOT PLANNED COMMERCIAL DEVELOPMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-19 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Tim Burman, Principal Planner, provided details of the item. The only change in the MDA is an extension of 180 days.
Motion carried unanimously by roll call vote.
23. First Reading – Ordinance No. 2013-20 – 13-1 Large-Scale Comprehensive Plan Amendment Adoption/CC Woodhaven LLC; Case no. 13-20000001
Mayor Green read Ordinance No. 2013-20.
ORDINANCE NO. 2013-20
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE DESIGNATION FOR APPROXIMATELY 119 ACRES FROM COMMERCIAL, RURAL TRANSITION, AND SUBURBAN RESIDENTIAL TO MIXED-USE CENTER FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF I-95, NORTH OF PIONEER TRAIL AND SOUTH OF SPRUCE CREEK; AMENDING FUTURE LAND USE POLICY 3.2.3; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-20 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Penelope Cruz, Principal Planner, provided details of the amendment relating to density and intensity.
Councilman Ford had several concerns. He is not happy with PUD’s. He prefers to see single family residences. He would like to see more conservation area on the west side. He would like to see a lower density on Martin Dairy. He has concerns with federally subsidized housing in that area. He likes the project but believes it needs some tweaking.
Councilman Bastian shares some of the same concerns. He asked if the environmental concerns have been addressed. Mr. Kisela said the presentation was relating to South Williamson and he understands all the issues are being worked on through the appropriate permitting agencies.
Councilman Kennedy agreed with some of the concerns as well.
Mayor Green advised that he discussed the project with David Haas, ICI Homes, about this project.
Tony Robbins addressed Council regarding the project. The applicant has self-imposed the restrictions relating to density. He is not aware of any federally subsidized housing for this project. He discussed the environmentally issues.
Newton White, citizen, addressed Council relating to the size of the project. He believes a new fire station and more staff may be needed in the future. Mayor Green said it would be downstream from this agreement.
Richard Fiore, citizen of Ashton Lakes, addressed Council regarding the abutment of the road through his community. Mayor Green advised that those issues will be considered in the next item.
Councilman Ford stated the City’s rules call for 60% open space and this project allows for only 30%.
Motion carried 3-2 by roll call vote with Councilmen Ford and Bastian voting no.
24. First Reading – Ordinance No. 2013-21 – 2nd Amendment and Restatement of the Stanaki (Woodhaven) Master Development Agreement and Conceptual Development Plan
Mayor Green read Ordinance No. 2013-21.
ORDINANCE NO. 2013-21
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE SECOND AMENDMENT AND RESTATEMENT TO THE STANAKI PLANNED UNIT DEVELOPMENT MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN FOR APPROXIMATELY 983 ACRES GENERALLY LOCATED SOUTH OF SPRUCE CREEK AND NORTH OF PIONEER TRAIL; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY; AND AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-21 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Ms. Cruz provided background information relating to the zoning of the property and the PUD, as well as the development proposal, policy issues, and the public input process.
There are five policy issues for Council to discuss and consider: 1) Martin Road Design; 2) Averaged upland buffer width; 3) Lot coverage vs. building coverage; 4) Open Space – Overall PUD; and 5) Gated access point. Ms. Cruz explained each policy issue.
Mr. Robbins provided details of the project, specifically conservation areas, park lands, and residential areas.
Mr. Fiore asked if the crash gate is included in the proposal. Mr. Kisela said yes, it is up for Council consideration.
Jim Meadows, citizen, suggests Council consider the lot sizes of the homes so that pools and patios can be added without homeowners having to come to Council for a variance.
Tomm Friend, New Smyrna Beach citizen, discussed his concerns of the maps provided.
Councilman Ford has concerns with the current proposal. His first concern is the “unnamed ditch”. He would like to see some protection of the ditch. He doesn’t like the 30% open space idea. He wants to work on the open space numbers for the east side of I-95.
Mayor Green asked Councilman Ford what open space number he would be satisfied with.
Vice Mayor Burnette has the biggest concern with the open space being at 30%. He asked if the Environmental Advisory Board weighed in on the policy issues relating to open space. Mr. Kisela said no, it went through the Planning Commission.
Councilman Bastian would like to see the environmental concerns addressed.
Councilman Kennedy agreed. He wants to establish a standard and stick to it relating to open space.
Councilman Ford believes Council is in agreement with the open space requirement being raised, as well as keeping the density and the number of homes on the east side of I-95 to a minimum. He was also concerned with the quality of the product. He wants high quality.
David Haas, ICI Homes, addressed Council regarding 30% open space. Open space will be increased when retention ponds, etc. are included. Design and permitting of the road and first phase are still in the works.
Mayor Green asked if 40% open space is agreeable to all. Mr. Haas said yes, and would also agree to 45%.
Motion to amend the open space percentage from 30% to 45% was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Main Motion as amended to include 45% open space carried unanimously by roll call vote.
25. Resolution No. 13-72 – 13-2 Comprehensive Plan Amendment/Cypress Head PCD Case no. 13-20000002
Mayor Green read Resolution No. 13-72.
RESOLUTION NO. 13-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ACCEPTING PROPOSED AMENDMENTS TO THE CITY OF PORT ORANGE COMPREHENSIVE PLAN AND AUTHORIZING SUBMITTAL TO THE STATE LAND PLANNING AND OTHER AGENCIES; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-72 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Ms. Cruz provided details of the resolution. Staff does not recommend approval based on the City’s Comprehensive Plan policy to not reduce commercial acreage. Council can discuss the policy issue.
Jim Paytas, Paytas Homes and James and James Development, explained his request.
Mayor Green doesn’t believe commercial on this particular corner is beneficial.
Councilman Kennedy agreed with Mayor Green.
Councilman Bastian asked about the buffer at Ashton Pointe. Mr. Paytas said there are approximately 50 foot buffers on that side. He is ready to include deed restrictions.
Vice Mayor Burnette believes residential is better than commercial. He asked if Mr. Paytas would object to a requirement of a gated community. He said no, he has no objection. The site plan review will cover those details.
Councilman Ford agreed that it should not be commercial. His concern is the current neighbors. He wants height restrictions and high quality homes/project.
Mr. Fiore advised that the crime rates are higher than reported by Mr. Paytas. Ashton Lakes residents want to see homeowners not renters. He is in favor of the deed restrictions.
Brian Webber, citizen of Ashton Lakes, believes residents of Ashton Lakes would prefer commercial properties. He is concerned that Mr. Paytas didn’t know what was going to happen with Ashton Pointe Apartments.
Councilman Ford asked that the item be tabled so that Staff can provide details of options relating to restrictions.
Mayor Green asked Staff to work through the issues with the applicant.
Wayne Clark, Community Development Director, agreed to work with the applicant and explained some of the restrictions.
Motion to table was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried 4-1 by roll call vote, Councilman Bastian voted no.
Penny Cruz asked that a date certain be set. Mayor Green requested November 5, 2013.
Motion for date certain of November 5, 2013 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
PUBLIC UTILITIES (Jason Yarborough)
26. Resolution No. 13-73 – Sale of 0.5 State Wetland Mitigation Bank Credits to the City of Port Orange for the Cambridge Canal Drainage Basin Hardening Project
Mayor Green read Resolution No. 13-73.
RESOLUTION NO. 13-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING SALE AND PURCHASE OF 0.5 STATE WETLAND MITIGATION CREDITS FROM THE PORT ORANGE WETLAND MITIGATION BANK; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL REQUIRED DOCUMENTS ON BEHALF OF THE CITY OF PORT ORANGE; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-73 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
27. Resolution No. 13-74 - Sale of 46.5 State Wetland Mitigation Bank Credits to Pioneer Community Development District (PCDD) for construction of the South Williamson Blvd. Extension
Mayor Green read Resolution No. 13-74.
RESOLUTION NO. 13-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROVING THE RESERVATION AGREEMENT FOR THE SALE OF 34 AND THE RESERVATION OF 46.5 STATE MITIGATION CREDITS TO PIONEER COMMUNITY DEVELOPMENT DISTRICT (PCDD); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF PORT ORANGE; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 13-74 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Councilman Bastian asked if PCDD is a governmental agency who would be entitled to the rate discount. Mr. Kisela said yes. Mr. Haas advised PCDD, the County and the City entered into an Interlocal Agreement approximately one year ago. He advised that the County is building and funding the road. PCDD is an agent that is building the road for the County pursuant to the Interlocal Agreement. Ms. Roberts advised that the early closing date is another factor in the rate discount.
Motion carried 4-1 by roll call vote, with Councilman Bastian voting no.
PUBLIC WORKS (Mary Anderson)
28. Second 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; OUTLINING 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 adopt Ordinance No. 2013-18 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mayor Green asked about the monitoring and the cost. Mr. Kisela doesn’t disagree. Staff will be looking into better ways. Mayor Green suggested charging a fee upfront and let the contractor request the refund if they recycle.
Mr.Noftall believes the numbers are off and this charge is too difficult to monitor. It’s an item waiting to blow up on Staff.
Mr. White asked if $20 is worth the City’s time. He suggested cancelling the $20 recycling fee and increase the franchise fee.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
29. First Reading – Ordinance No. 2013-22 – Residency requirement for Administrative Officials
Mayor Green read Ordinance No. 2013-22.
ORDINANCE NO. 2013-22
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, ESTABLISHING A RESIDENCY REQUIREMENT FOR ADMINISTRATIVE OFFICIALS AS DEFINED IN SECTION 2-168 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2013-22 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mayor Green had a concern about a new Administrative Official being hired and having to buy a home and then not being a good fit. Mr. Kisela believes there may be a slight chilling affect but the applicants know up front of the requirement.
Councilman Ford believes it is the right thing to do.
Vice Mayor Burnette doesn’t believe six months will be necessary. The employee will know if they are a good fit within six months.
Councilman Kennedy agreed but wants it flexible to allow for Council consideration and exceptions.
Margaret Roberts, City Attorney, suggested waiver by a super majority. Mr. Kisela believes Staff can always bring back a variance as needed.
The Ordinance was returned to Staff for changes as discussed.
Councilman Bastian believes it is cut and dry.
Stan Hetrick, citizen, agreed with the residency requirement but suggested making it Volusia County instead of City of Port Orange only.
Council doesn’t agree with the whole county. They want a built in waiver opportunity. It will be revised and brought back to Council.
Mr. Noftall asked about current administrative officials. Mr. Noftall also asked about current employees moving out of the City. Mr. Kisela said the ordinance will need to include language that an employee currently living in Port Orange cannot move out during their employment.
30. Settlement Offer by Daytona Beach Shores
Mr. Kisela advised the settlement offer was provided in the packet from Daytona Beach Shores. The Daytona Beach Shores Council approved the settlement offer on September 24, 2013. Options were provided.
Ms. Roberts provided a list of the improvements made to the water system in Daytona Beach Shores.
Councilman Kennedy is concerned with settling for half of the money. He has a problem with the Shores moving their service to Daytona Beach and still requiring Port Orange to put money into the system.
Mr. Kisela advised half of the water distribution system is Port Orange’s and half is Daytona Beach’s. The sewer system is Daytona Beach Shores’ for the most part with a small portion that goes to Daytona Beach. Their rates were discussed.
Mayor Green asked if they decide to leave, will they have to pay the debt service. Mr. Roberts said yes, it is in the contract.
Councilman Kennedy doesn’t want to agree to spending money on their infrastructure if they are moving to Daytona Beach.
Councilman Bastian doesn’t agree with re-investing. He wants cash since they may pull out of our service.
Vice Mayor Burnette would rather make investments in systems that need repairs. Port Orange is already making investments in the Shores system. He believes a counter offer would be appropriate. If that is not successful, he would be in favor of a joint meeting with Daytona Beach Shores Council.
Mayor Green would suggest meeting with the Shores Council.
Councilman Ford does not believe Council is being well served because he was not given enough information. He believes background information should have been provided. He agreed to a face to face meeting with their Council. He agreed with the dollar amount but not the reinvestment.
Mayor Green asked for an old map that shows who owns what pipes.
Ms. Roberts advised there is a small cost participation project with a local developer that will be coming to Council soon. It relates to the Public Supermarket in Daytona Beach Shores.
Mr. White believes the Daytona Beach Shores residents were harmed by higher rates while the City paid less.
Mr. Noftall disagreed with Mr. White. He believes residents of the City of Port Orange are the victims. He agreed with Mayor Green regarding the Shores needing services from Port Orange. He asked who made the decision to require a further contract with the Shores to settle this dispute. Mayor Green said it was an option.
31. City Attorney’s Report
Ms. Roberts asked Council for a Shade Meeting to be set on October 22, 2013 at 5:30 p.m. if a meeting is required regarding Stottler Stag litigation.
ADMINISTRATION (Greg Kisela)
32. Town Center Median Landscape Project
Mr. Kisela advised of the changes to the project landscape so reduce the maintenance of the landscaping. Need Council’s consideration as to accepting the changes or not.
Councilman Ford agreed with the changes but wants to discuss City-wide maintenance.
Vice Mayor Burnette believes the modified plan works.
Councilman Bastian agreed with the modified plan. He is disappointed that there is no money for the walk lights. He wants to invest in the walk lights.
Councilman Kennedy agreed with the modified plan.
33. City Manager’s Report
Mr. Kisela advised that agenda was left for tomorrow’s legislative session.
34. Comments/Concerns from Council Members
Councilman Ford asked about the agenda process. He wants to see a policy with a set day that the agenda will be provided to Council.
Councilman Kennedy asked about the bamboo at Altamira. Mr. Kisela advised that the citizens voted unanimously to move the bamboo from the neighbor’s side to the road side. Councilman Kennedy asked why the light at Dunlawton and Taylor Branch Road is still completely active. Mayor Green said FDOT is working on the lights. They are trying to coordinate the lights with the other lights.
ADJOURNMENT: 10:02 p.m.
Mayor Allen Green
Robin Fenwick, CMC, City Clerk