REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

NOVEMBER 5, 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

 

SPECIAL RECOGNITION, BOARD REPORTS AND APPOINTMENTS

 

4.    Port Orange/South Daytona Leadership 2013 Proclamation

 

Mayor Green presented the 2013 Port Orange/South Daytona Leadership class with a proclamation and thanked them for their involvement. Council Members thanked the group for their commitment to become a better citizen.

 

5.    Environmental Advisory Board Appointment

 

Derek LaMontagne introduced himself to Council.

 

Motion to appoint Derek LaMontagne to the Environmental Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote.

 

All Council Members thanked him for his interest in serving.

 

6.    Environmental Advisory Board Report

 

Suzanne Grubbs, Chair of the Environmental Advisory Board, provided an update on the issues before the Board. Ms. Grubbs welcomed Mr. LaMontagne to the Board.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Corey Berman, citizen, addressed Council regarding the timers on the lights at City  Center, as well as the lights on Dunlawton, which are not working.

 

Ted Noftall, citizen, addressed Council regarding legal reviews and City Attorney involvement and direction from Council in supervising their two attorneys.

 

CONSENT AGENDA

 

7.    Approval of Minutes

a.    August 13, 2013 – Joint Meeting with Council & Town Center CRA

b.    October 1, 2013 – Regular City Council Meeting

c.    October 8, 2013 – Special City Council Meeting

8.    Construction Activity Report

9.    Parks & Recreation Project Updates

10. Crime Report

11. Tif Jen Annual Landscape Maintenance Contract Revalidation with CPI Rate Adjustment

12. Renewal of Annual Contract for Construction of Concrete Sidewalks and Curbs with Sparks Concrete

 

Vice Mayor Burnette asked that Item #8 be pulled for further discussion, while Councilman Bastian asked that Item #11 be pulled and Councilman Ford asked that Item #12 be pulled.

 

Motion to approve Consent Agenda Items 7, 9, and 10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #8 - Vice Mayor Burnette asked about the status of the meeting with Quentin Hampton regarding the sale of dirt.  Mr. Kisela advised that there should be a resolution on December 3, 2013. Councilman Ford asked if there would be a report on the Masci project. Mr. Kisela said it will be included in the same report.

 

Motion to approve Item #8 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

Item #11 - Councilman Bastian confirmed the rate increase. Mr. Kisela said it is a cost of living increase as allowed by the Contract. Councilman Ford asked about the contracts with Tif Jen and Tuff Turf. Mary Anderson, Public Works Director, provided information on the scope of the contracts for Tif Jen and Tuff Turf. Councilman Ford asked about the replacement vendor for the Tiff Turf contract. Mr. Kisela advised there was only one bidder. The recommendation to reject that bidder will be coming before Council in December. Staff is evaluating the scope and requirements to try to make it more competitive. Nova, Ridgewood, and Dunlawton roadways were not included in the scope. Staff is investigating how best to handle those areas.

 

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

 

Item #12 – Councilman Ford disagreed with the concrete batch plant on Rose Bay and urged Council to deny the item.

 

Motion to approve Item #12 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried by roll call vote, with Councilmen Ford and Bastian voting no.

 

FINANCE (Wayne Saunders)

 

13. Resolution No. 13-71 – Budget Appropriation (Coraci lights)

 

Mayor Green read Resolution No. 13-71.

 

RESOLUTION NO. 13-71

 

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. 13-71 was made by Vice Mayor Burnette, and Seconded by Councilman Ford.

 

Wayne Saunders, Finance Director, provided details of the appropriation for the lights at Coraci.

Motion carried unanimously by roll call vote.

 

14. Resolution No. 13-75 – Budget Appropriation (Spruce Creek Road Trail LAP Agreement)

 

Mayor Green read Resolution No. 13-75.

 

RESOLUTION NO. 13-75

 

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. 13-75 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Saunders provided details of the appropriation for the Spruce Creek Road Trail LAP Agreement.

 

Motion carried unanimously by roll call vote.

 

 

15. Resolution No. 13-77 – Budget Appropriation (Spruce Creek Baseball Fields)

 

Mayor Green read Resolution No. 13-77.

 

RESOLUTION NO. 13-77

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, APPROPRIATING FUNDS FOR FISCAL YEAR 2012-2013 PROJECT CARRY OVER FUNDS TO FISCAL YEAR 2013-2014 BUDGET AND APPROPRIATING OPERATING FUNDS FOR VARIOUS CITY OPERATIONS; SETTING FORTH REVENUES AND EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-77 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Saunders provided details of the appropriation of carry over funds for the Spruce Creek Baseball fields.

 

Motion carried unanimously by roll call vote.

 

 

PARKS & RECREATION (Susan Lovallo)

 

16. Amendment No. 9 to Zev Cohen contract for Coraci Park Multipurpose Field

 

Mr. Kisela advised this contract is to provide the design of the multipurpose field at Coraci Park and this design will be submitted to ECHO with the grant application.

 

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

 

All Council Members support the project. Councilman Ford wants to look at the Recreation Budget specifically relating to the maintenance of these new facilities.

 

Corey Berman, citizen, requested Council to direct the City Manager to talk to Atlantic High School relating to the use of their soccer field. Currently, they are playing in New Smyrna Beach for their home fields. Mayor Green asked Mr. Kisela to open the dialog with Atlantic.

Motion carried unanimously by roll call vote.

 

17. Award purchase of sport field lighting to Musco

 

Motion to award the purchase of sport field lighting to Musco was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford is happy to see the growth in soccer. All Council Members support the project.

 

Motion carried unanimously by roll call vote.

 

18. Award bid 13-30 for Spruce Creek Road Park Baseball Field and to accept private donation for $100,000

 

Motion to award the bid to A.G. Pifer for the construction of the North field, approve the deductive change order for the City to direct purchase the lights in the amount of $76,500 from Hunter Knepshield Company, and accept the $100,000.00 donation from donor; subject to A.G. Pifer approving the change order was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Bastian asked if the field would be ready for the Spring 2014 season. Craig Pifer, A.G. Pifer, introduced himself to Council and advised that the Change Order is a deductive change order. He understands the schedule.

 

Vice Mayor Burnette commended City Staff for their work on this project.

 

Councilman Ford is pleased with the reductions in the price.

 

Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT ( Wayne Clark)

 

19. Resolution No. 13-72 – 13-2 Comprehensive Plan Amendment/Cypress Head (Continued October 15, 2013)

 

Mayor Green read Resolution No. 13-72.

 

RESOLUTION NO. 13-72

 

A RESOLUTION 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.

 

Councilman Ford wants to see some significant changes. The neighbors have several concerns.

 

Mayor Green suggests a workshop with the neighbors.

 

Vice Mayor Burnette agrees with a workshop. He still has several questions as well.

 

Councilman Bastian supports a workshop. He received several objections from neighbors and wants more information.

 

Councilman Kennedy also received several objections and wants more information through a workshop.      

 

Jim Paytas, Paytas Homes, addressed Council and will mitigate all of the concerns and objections. He reminded Council this is a request to submit the plan amendment to the State agencies. He brought an affidavit committing to the lifetime use of the corner and common area at the entrance of Ashton Lakes to the homeowner’s association. He does not have a project in the works at this time.

 

Penelope Cruz, Principal Planner, provided details of the process for this transmittal process. Upon return from the State agencies, it will come back to Council for adoption by ordinance. She confirmed that this item is strictly for transmittal to the other approving agencies. It will come back to Council for final approval.

 

Kenneth Cox, resident of Ashton Lakes, appreciates Council’s comments. He agreed with the workshop. His concern is the potential decrease in values with a multifamily project.

 

Robert Williams, resident of Ashton Lakes, is concerned with a multifamily project.

 

Nancy Sprague, resident of Ashton Lakes, agreed with the residents and said Mr. Paytas addressed her concern regarding the sign at the entrance.

 

Richard Fiore, resident of Ashton Lakes, agreed with the residents and is concerned with the impact of setting a precedent with approving the amendments. He agreed with a workshop.

 

Dan Pardus, resident of Ashton Lakes, believes apartment complexes may not help to retain the values of that area in Port Orange.

 

Arlene Fiore, resident of Ashton Lakes, agreed with Mr. Pardus. She believes the Comprehensive Plan is right the way it is and shouldn’t be changed.

 

Mr. Paytas advised Council that his intention is not to rezone it so he can sell the property.

 

Councilman Kennedy remembers being on the Planning Commission when this area was being developed. The property was zoned commercial intentionally. He can’t move ahead without a better understanding with the neighbors.

 

Councilman Bastian agreed with a workshop.

 

Mayor Green said there is going to be more commercial properties at the end of the road toward the Pioneer Road interchange.

 

Councilman Ford would like Community Development to do a community survey when there is a rezoning item on the agenda.

 

Mr. Kisela suggested December 10, 2013 at 5:00 p.m. for the workshop and Resolution No. 13-72 can then be discussed further during the regular City Council meeting.

 

Motion to continue Item 19 to December 10, 2013 regular meeting was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

20. Residential Urban Chickens discussion

 

Mr. Kisela provided background details relating to residential urban chickens. Ms. Cruz addressed Council with the details she found in surveying other cities. One of the concerns with most of the cities and ordinances has been the euthanizing of the hens because they live longer than they lay eggs.

 

Councilman Ford would support a tightly woven urban chicken ordinance as long as they don’t disrupt neighbors. He is willing to postpone the decision for more information from other cities’ pilot programs.

 

Vice Mayor Burnette is not in favor of agricultural animals in non-agricultural residential areas. He would like to see the data from Orlando.

 

Councilman Bastian had a few residents contact him about urban chickens.

 

Councilman Kennedy would like to see the results of a longer term program. He’s concerned with ‘feral’ chickens. He does not support urban chickens.

 

Mayor Green is willing to wait to get more results.

 

Council agreed to wait for more results. Mr. Kisela said Staff will bring it back in six months.

 

POLICE DEPARTMENT  (Jerry Monahan)

 

21. Resolution No. 13-76 – Local Facility Giving Program – Walmart grant

 

Mayor Green read Resolution No. 13-76.

 

RESOLUTION NO. 13-76

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RATIFYING AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE LOCAL FACILITY GIVING PROGRAM, FOR PUCHASE OF FINGERPRINTING SUPPLIES; ACCEPTING GRANT FUNDING; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS AND CONTRACTS; PROVIDING FOR AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-76 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Officer Serena Besuden provided details of the grant. The funds will be used for fingerprinting supplies and child ID program.

 

Motion carried unanimously by roll call vote.

 

PUBLIC UTILITIES (Jason Yarborough)

 

22. First Reading – Ordinance No. 2013-23 – Suspension of Reclaimed User Charges

 

Mayor Green read Ordinance No. 2013-23.

 

ORDINANCE NO. 2013-23

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE CODE OF ORDINANCES, SECTION 74-202(c) RELATING TO RECLAIMED WATER SYSTEM PROTOCOL, AVAILABILITY STANDARDS; PROVIDING FOR INCENTIVES FOR INCREASED CONSUMPTION TO BE AUTHORIZED BY THE CITY MANAGER; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-23 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Kisela provided details of the item. Staff is requesting to remove the commodity charge on reclaimed water. Staff is hoping this will encourage citizens to use more reclaimed water in that the commodity charge will be removed. This could potentially cost $25,000-30,000 per month in revenue. There is not enough storage because of the rain this year.

 

Phil Klema, citizen, asked if new developments are required to hook up to the reclaimed water. Mr. Kisela said he believes new developments are required to hook up to reclaimed water.

 

Mr. Berman asked Council how the watering restrictions will be impacted. Mr. Kisela said it will not affect watering restrictions.

 

Mr. Noftall asked about the discharge of water into the wetlands. Mr. Kisela advised that the treatment standards are higher to discharge into the wetlands.   

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

23. City Attorney’s Report

 

Ms. Roberts reported she is working with realtors in the community for quotes on leasing out the Rama property/condominium unit. The unit is in the Swallowtail complex.

 

ADMINISTRATION (Greg Kisela)

 

24. First Reading – Ordinance No. 2013-24 – Fire Pension Amendment

 

Mayor Green read Ordinance No. 2013-24.

 

ORDINANCE NO. 2013-24

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE CITY OF PORT ORANGE CODE OF ORDINANCES, CHAPTER 54, ARTICLE IV, FIRE AND RESCUE PENSION FUND, SECTION 54-78(a), MEMBERSHIP CONDITIONS OF ELIGIBILITY; ESTABLISHING AN OPTION PERMITTING THE FIRE CHIEF TO ELECT TO NOT PARTICIPATE IN THE CITY OF PORT ORANGE FIRE AND RESCUE PENSION FUND; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2013-24 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Ms. Roberts advised of the change provided that added an additional sentence to clarify the intend to effect the Fire Chief position only and no other positions.

 

Councilman Bastian believes this change may not be in the best interest for the Council. He hopes it doesn’t have a negative impact.

 

Mr. Noftall asked if a firefighter had to be in the pension plan. Ms. Roberts said certified firefighters are eligible to participate in the pension plan. State law allows the Fire Chief to opt out of the plan. She provided Mr. Noftall with F.S. Chapter 175.0328(a).

 

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

 

25. License Agreements for Properties along the B-23 Canal

 

Shannon Lewis, Assistant City Manager, advised Council of the resident who have approached Staff regarding a license agreement north of Main Street.

 

Councilman Ford is in favor of allowing residents to enter license agreements to build small docks. He believes there should be guidelines.

 

Vice Mayor Burnette supports license agreements.

 

Mr. Berman suggests a hold harmless agreement with the homeowners.

 

Council consensus was for Staff to bring back standards.

 

26. Consideration of Daytona Beach Shores’ offer

 

Mr. Kisela advised Council the Daytona Beach Shores offer withdraws the requirement for reinvestment of the funds. Council supports the offer.

 

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

 

27. Volusia County Safe Harbor Transitional Shelter

 

Mayor Green asked for Port Orange’s name to be removed from the documents by VCOG. Mr. Kisela said the County is looking to see if Port Orange will assist in the funding of a Safe Harbor Transitional Shelter. 

 

Council does not support assisting in the funding.

 

28. City Manager’s Report

 

Mr. Kisela reminded Council of the workshop on Tuesday, November 12, 2013 at 5:00 p.m. and the Veteran’s Day ceremony on November 11, 2013.

 

COUNCIL COMMENTS

 

29. Comments/Concerns from Council Members

 

Councilman Ford wants to work on a program for the medians in the City, as well as the overall look of the City. He would like the City Manager to prepare a plan with costs included.  He would like to start the budget process early for FY2014-15.

 

Vice Mayor Burnette believes the police department should be staffed for at least a few hours on Saturdays. He advised Council of the passing of Azalea Pointe resident, Roger Stagnol, who was an engaged citizen. 

 

Councilman Bastian proposed to Council to rename a fire station (#71) for Craig J. Morrisey. Discussion was held regarding the landscaping contract and bidder and the use of prisoners to mow.

 

Councilman Ford believes there is something wrong with Purchasing. Mr. Kisela said he and Staff are looking into issues with Purchasing and other departments.

 

Councilman Bastian is concerned with the YMCA RFP and the issue with it. Mr. Kisela said the YMCA item is going to the Audit & Budget Advisory Board on Monday, November 11, 2013.

 

Motion was made by Councilman Bastian to rename fire station #71 after Craig Morrisey, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

Councilman Kennedy expressed his displeasure with the Dunlawton Avenue/Taylor Branch Road. He’d like to see someone held accountable.

 

Mayor Green believes he receives the information he needs when he needs it from the City Attorney. Councilman Ford doesn’t feel the same. He would like her to contact Council with issues. Ms. Roberts asked Council to contact her with issues as well.

 

ADJOURNMENT: 9:15 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, CMC, City Clerk