REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

DECEMBER 10, 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 REPORTS AND PRESENTATIONS

 

4.    PFM Asset Management, LLC Presentation to City Council – Annual Investment Performance Review Fiscal Year Ended September 30, 2013

 

Scott Stitcher, Senior Managing Consultant, provided details of the annual investment performance review for the period ended September 20, 2013.

 

Mr. Kisela asked about the changes to the investing strategy. Mr. Stitcher explained the Policy allows AAA and AA corporate notes and they are recommending A corporate notes because there are fewer AAA and AA corporate notes available. Allowing A corporate notes provides more choices.  

 

Vice Mayor Burnette thanked Mr. Stitcher for their guidance. The investments must stay conservative.

 

Councilman Bastian asked if the .39% is net of fees. Mr. Stitcher said no. The investment policy requires conservative investing.

 

Corey Berman, citizen, voiced concerns regarding a few of the banks with single A credit ratings because of lawsuits.

 

City Council recessed to hold a Special Town Center CRA meeting at 6:45 p.m., minutes of which are under separate cover.

 

City Council reconvened at 7:18 p.m.

 

BOARD APPOINTMENTS, INTERVIEWS, & REPORTS

 

5.    Citizen Advisory Committee for TPO

Bobby Ball provided the report at the December 3, 2013 meeting. There was nothing new to report.

6.    Parks & Recreation Advisory Board Report

Jack Wiles, Chairman, provided a report to Council relating to the Parks & Recreation Advisory Board’s actions and recommendations. The Board was concerned with the costs of adding new parks. There were concerns with the placement of the park at Shuntz Road. The Board is working on getting the Foundation up and running to help with expenses of the parks. The Board requested the opportunity to review all parks issues prior to the Council considering them.

Mr. Kisela reminded all of the dedication of the Skate Park on December 14, 2013 at 11:00 p.m. Notice to Proceed was issued on the Spruce Creek baseball field on Monday, December 9, 2013.

7.    Audit & Budget Advisory Board Report

Ted Noftall, Chairman, provided a report to Council relating to the Audit & Budget Advisory Board’s actions and recommendations. There have been no further recommendations of the Board. Fleet, pensions, YMCA reserve calculations, and accepting incomplete financial reporting were all discussions by the Board. He requested a workshop or agenda item regarding the Finance Department. Mayor Green and Council agreed.

Vice Mayor Burnette still wants to provide a Mission Statement and goals to the Board for clear direction.

Councilman Ford agreed with the Board to pay the pensions the amount figured by the actuary. He also would agree to a workshop or agenda item regarding complete financial reports.

Corey Berman, Vice Chair, added that the Board is looking department by department to see where expenses can be cut.

Mr. Kisela discussed the priorities as directed by Council and other requests can be distracting of those Council priorities. He believes Staff has completed a lot of those priorities and is moving forward.

Mark Schaffer expressed concerns regarding the YMCA reserves account. He believes it needs to be fully audited.

Councilman Ford asked when the Finance Staff will be back to busy as usual and be able to provide answers more timely and without guilt of distracting Finance Staff. Mr. Kisela said he believes the normal routine should be back by February, 2014.

CITIZEN PARTICIPATION (Agenda)

 

8.    Estate of Diane Whelahan – Attorney Edwin Davis

 

Attorney Davis provided details of the request to reduce the lien amounts owed by the Estate of Diane Whelahan. The home has been vacant since July, 2011. The liens totaled $8,527.32 for 7 lot mowing liens, utility lien, and a code case. There are several other liens on the property (i.e.: tax liens, homeowner’s association, etc.)

 

Councilman Kennedy asked how much of the lien amounts are actual costs vs. interest and penalties.

 

Councilman Bastian finds it difficult to waive interest when they deny the charitable requests.

 

Vice Mayor Burnette refused to agree to a reduction. The neighbors contacted him for help and the City did their job and have proper liens placed.

 

Councilman Ford is not sympathetic for homeowner’s who neglect their properties.

 

Mr. Berman believes Council would be opening themselves up to more requests if they grant this one.

 

Motion to deny the request to reduce the lien amounts owed by the Estate of Diane Whelahan was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote. 

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Mr. Berman addressed Council regarding equality to all residents.

 

Mr. Noftall asked if there are any documents used by City Staff that abridge the First Amendment of the U.S. Constitution. He said there was a Police Witness Affidavit being used by the Police Department that did. He asked if the document still directs witnesses not to discuss the case. Margaret Roberts, City Attorney, said no, it was modified. Mr. Kisela read the new language on the affidavit.

 

Larrie Green, citizen, addressed Council regarding his water bill. He asked if Council would consider a grace period. Mr. Kisela said there is a grace period, in that notices are sent out 20 or more days before it is due. Mayor Green asked Mr. Kisela to meet with Mr. Green to explain the process.

 

FINANCE (Wayne Saunders)

 

9.    Resolution No. 13-91 – Budget Appropriation – Russell Launch Phase II

 

Mayor Green read Resolution No. 13-91.

 

RESOLUTION NO. 13-91

 

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. 13-91 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

 

Mr. Noftall asked if this closes out the project. Wayne Saunders, Finance Director, said yes, and provided details of the budget amendment.  

 

Motion carried unanimously by roll call vote.

 

10. Resolution No. 13-92 – Budget Appropriation – Neighborhood Investment Grant Program

 

Mayor Green read Resolution No. 13-92.

 

RESOLUTION NO. 13-92

 

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. 13-92 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

 

Mr. Kisela provided details of the budget amendment and the program funds.

 

Councilman Bastian asked to have this item moved and discussed after Item #20.

 

Vice Mayor Burnette agreed with Councilman Bastian.

 

Councilman Ford is concerned with moving money outside of the budget process.

 

Mayor Green is not willing to put $30,000 in this program. He wants to hold off and discuss priorities first.

 

Motion to table the item until after consent agenda items are discussed was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.   

 

11. Resolution No. 13-93 – Budget Appropriation – Traffic Control Improvement study

 

Mayor Green read Resolution No. 13-93.

 

RESOLUTION NO. 13-93

 

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. 13-93 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

 

Mr. Kisela provided details of the budget amendment. It includes a traffic study for City Center and Sunset Cove subdivision.

 

Councilman Ford doesn’t understand why a consultant is being hired. He believes it should be handled in house.

 

Vice Mayor Burnette believes this should be discussed after the policy issue is decided. Mr. Kisela explained why Staff believes a traffic study by a consultant is necessary.

 

Councilman Kennedy agreed with Councilman Ford’s comments regarding consultants.

 

Mayor Green’s concern is the liability.

 

Motion to table the item until after consent agenda items are discussed was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.   

 

12. Resolution No. 13-94 – Cambridge Canal Construction/Stabilization project

 

Mayor Green read Resolution No. 13-94.

 

RESOLUTION NO. 13-94

 

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. 13-94 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

CONSENT AGENDA

 

13. Approval of Minutes

a.    December 3, 2013 – Regular City Council Meeting

14. Update – Meter Replacement Program

15. Acceptance of Exclusive Utilities Easement from IBEW Local No. 756

16. PetSmart Charities Grant Award – Feral Cat Targeted Spay/Neuter Program

17. Addendum No. 96 to the 1980 contract with Quentin L. Hampton Associates, Inc. for Williamson Blvd. Regional Lift Station Project – Design & Construction management Services

18. Award for RFSQ #13-19 – Design and Permitting Services for sidewalk projects: Spruce Creek Road Sidewalk – South; McDonald Road Sidewalk; Victoria Gardens Blvd Sidewalk; and Spruce Creek Road Sidewalks (North of Nova Road)

19. 2013 Annual Concurrency Management Report

20. Neighborhood Investment Grant Program

21. Piggyback Agreement with Remedy Intelligent Staffing for Temporary Employment and Employee Leasing Services

22. Tenth Amendment to the Contract with Zev Cohen & Associates, Inc. for Professional Engineering Services for analysis, design, and presentation of findings for the investigations and recommendations of traffic control improvements on City Center Circle

23. Eleventh Amendment to the Contract with Zev Cohen & Associates, Inc. for Professional Engineering Services for analysis, design, and presentation of findings for the investigations and recommendations of traffic control improvements on Sunset Cove Drive in Sunset Cove Subdivision

24. Award Cambridge Canal Phase I Bank Armoring Contract to P&S Paving Services

25. Halifax Paving Contract Extension

26. Agreement with AT&T for Wireless Communication Services and Equipment

 

The following items were pulled for further discussion:

 

Pulled by Mayor Green: Items #18 and 25

Pulled by Councilman Bastian: Items #20

Pulled by Councilman Kennedy: Items #17

Pulled by Vice Mayor Burnette: Items #21 and 23

 

Motion to approve Consent Agenda Items #13-16, 19, 22, 24, and 26 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Item #17 – Councilman Kennedy is concerned with the age of the contract. Mr. Kisela advised that Staff is working on updating the contract.

 

Motion to approve contingent on moving forward to update the contract was made by Councilman Kennedy, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote.

 

Item #18 – Mayor Green was not happy with the contractor being awarded to an outside company. Ms. Roberts advised the Contract is not complete yet and would ask that the Council authorize the City Attorney and City Manager to finalize any terminology changes as requested by FDOT.

 

Motion to approve item #18 and authorize the City Attorney and City Manager to finalize any terminology changes as requested by FDOT was made by Vice Mayor Burette, and Seconded by Councilman Ford. Motion carried 4-1 by roll call vote with Mayor Green voting no.

 

Item #20 – Councilman Bastian asked how the $30,000 is available because the Fire Chief opted out but he was paid a higher salary. Mr. Kisela explained the salary for the Fire Chief was in the salary range. There was over $100,000 budgeted if the Fire Chief decided to go into the pension plan.

 

Vice Mayor Burnette provided details of the policy issue vs. the budget item.

 

Councilman Ford discussed the pension costs for new fire personnel.

 

Mr. Saunders provided details of the budgeted amounts for pension costs. Staff budgets a percentage of salaries as is the policy from Council. The fire pension actuary recommends the City paying 122% of a fire employee’s salary into the pension. Council has approved an additional amount be paid to pay down the unfunded liability. The Fire Chief position will not be incurring the 122% but the City will only be required to pay 15%.

 

Motion to approve item #20 at $20,000 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Berman doesn’t believe the program allows for non organized HOA’s to apply for the grants.

 

Mr. Noftall doesn’t agree with the program.

 

Councilman Ford wants it to be available to all citizens and groups. 

 

Roll call vote taken, Motion was denied 2-3 with Mayor Green, Councilman Bastian, and Councilman Kennedy voting no.

 

Item #21 – Piggyback Agreement with Remedy Intelligent Staffing for Temporary Employment and Employee Leasing Services

 

Motion to approve Item #21 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Ford asked why temporary employees are being utilized. Mr. Kisela said it works best in Parks & Recreation.

 

Phil Klema, citizen, asked if there is a premium if the City hires the temporary employee. Donna Steinebach, Interim Administrative Services Director, said yes, there is a provision in the base contract for a premium if a temporary employee is hired on full time.

 

Shannon Lewis, Assistant City Manager, provided details of the benefits and the changes made this year to employees – part time and temporary. The review is still ongoing to ensure that all employees are hired under the correct terms.

 

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

 

Item #23 – Eleventh Amendment to the Contract with Zev Cohen & Associates, Inc. for Professional Engineering Services for analysis, design, and presentation of findings for the investigations and recommendations of traffic control improvements on Sunset Cove Drive in Sunset Cove Subdivision

 

Motion to approve was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried 3-2 by roll call vote with Councilman Ford and Councilman Kennedy voting no.

 

Mayor Green doesn’t agree with the traffic study for City Center Circle, which was item #22 on the Consent Agenda.

 

Item #25 – Ms. Roberts provided delays of the changes to the contract.

 

Vice Mayor Burnette asked what provisions have been made to keep the contractor on track. Mr. Kisela provided details of the contract and termination (paragraph 10 of the Extension Agreement).

 

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

 

*Item #10 – appropriating item that was denied.

 

Motion to take item #11, Resolution #13-93 off the table was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.

 

Motion to approve Resolution #13-93 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Motion to amend the Motion to approve Resolution #13-93 to remove funding for the City Center study was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.

 

Main Motion to approve Resolution #13-93 as amended carried unanimously by roll call vote.

 

Motion to reconsider item #22 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote. 

 

Motion to deny the contract award for the City Center traffic study (item #22) was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

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

 

Not further discussion regarding item #10 as the program (item #20) was not approved.

 

Mr. Noftall asked Council to establish clear policy regarding budget items that are not used. He doesn’t agree with funds moving from line item to line item.  

 

 COMMUNITY DEVELOPMENT (Wayne Clark)

 

27. Second Reading - Ordinance No. 2013-25 – Adoption of the 2013 Comprehensive Plan Capital Improvements Element (C.I.E.) Annual Update, Case no. 13-27500001

Mayor Green read Ordinance No. 2013-25.

ORDINANCE NO. 2013-25

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; PROVIDING FOR ADOPTION OF THE FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS AS SET FORTH IN THE COMPREHENSIVE PLAN, CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

Motion to adopt Ordinance No. 2013-25 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

28. Resolution No. 13-72 – 13-2 Comprehensive Plan Amendment/Cypress Head (Continued October 15, 2013 and November 5, 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.

 

Motion to table Resolution No. 13-72 to the February 25, 2014 was made by Councilman Bastian, and Seconded by Vice Mayor Burnette.

 

Mr. Paytas said the extra time will allow him to work with the homeowner’s association to reach a compromise.

 

Councilman Ford is not interested in tabling the item.

 

Vice Mayor Burnette would be happy to make a motion to reconsider in the future if the circumstances change but he does not want to leave the residents hanging. He wants closure for them at this time.

 

Councilman Kennedy agreed with closing it out now and not tabling the issue.

 

Richard Fiore, Ashton Lakes resident, agreed with closure for the residents.

 

Jim Paytas withdrew his application.

 

29. Historic Tree Removal Request, FPL Magnolia Substation (Continued from November 12, 2013)

Jean Salem, FPL Project Manager, provided details of the request.

 

Larry Volenek, FPL Area Manager, provided details of the neighborhood meeting. He also advised Council of a cost share proposal. There will be a meeting in early January with the eight homeowners who are directly impacted by the clearing.

 

Motion to table until January 7, 2014 was made by Councilman Ford, and Seconded by Vice Mayor Burnette.

 

Councilman Bastian asked if the lines could be moved to the north side then move to the south side. Mr. Volenek said no, they have to stay on the south side because they would cross other lines.

 

Joan Ross, President of Water Bridge Subdivision, said the lines were going to be on the north side in 2009 now they are saying it’s impossible.

 

Ron Langley, resident, disagrees with FPL’s assertion of a 40’ easement. His plans show a 10’ easement.    

 

Motion carried unanimously by roll call vote.

 

30. Resolution No. 13-95 – Proposed Utility Easement Vacation, Lot 68 Sugar Forest Phase III Subdivision, Case #13-35000008

Mayor Green read Resolution No. 13-95.

RESOLUTION NO. 13-95

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; VACATING A UTILITY EASEMENT LOCATED ON LOT 68, OF THE SUGAR FOREST – PHASE III SUBDIVISION; 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. 13-95 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Council took a five minute recess at 9/20 p.m. and reconvened at 9:25 p.m.

 

Joe Fazzie offered tickets to the pancake breakfast on Saturday for Spruce Creek High School’s baseball team.

 

PARKS & RECREATION (Susan Lovallo)

 

31. First Reading – Ordinance No. 2013-27 - Cast netting

 

Mayor Green read Ordinance No. 2013-27.

 

ORDINANCE NO. 2013-27

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 50, ARTICLE I, TO ESTABLISH SECTION 50-6 OF THE CODE OF ORDINANCES RELATING TO PROHIBITION OF CAST NETTING; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2013-27 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

 

Mr. Berman asked if the B-23 canal would be included. Mr. Kisela said no.

 

Newton White, citizen, agreed with Mr. Berman’s question. He would like it clarified to exclude cast netting at City pocket parks and from the causeway, etc. when the problem is in specific areas, such as City Center and Buschman Park.

 

Mr. Noftall asked why Staff is recommending the ordinance. Mayor Green the problem is the debris left. Vice Mayor Burnette said he has received the complaints and requested this ordinance.

 

Susan Lovallo, Parks & Recreation Director, advised that the ordinance was prepared by Staff at the request of Council.

 

Mr. Noftall asked why the City Manager’s Commentary states “Staff recommends…” Vice Mayor Burnette hopes it’s because Staff is responsive of the Council’s direction to bring the ordinance forward. Mr. Kisela is comfortable with the Staff’s recommendation. Mr. Noftall believes the ordinance is too broad.

 

Councilman Kennedy addressed Mr. White’s comments regarding the City owning waterways. He supports the ordinance.

 

Councilman Bastian disagreed and believes it is too restrictive.

 

Vice Mayor Burnette wants to ensure the City Center pond and Buschman Park are protected because that is where the issues are happening.

 

Councilman Ford asked if a study was done to see if the ecosystem is really being affected. He’s not convinced there is any harm.  

 

Motion to amend Motion to address waterways at City Center and Buschman Park only was made by Vice Mayor Burnette, and Seconded by Councilman Ford.

 

Mr. Klema voiced concerns with cast netting at Riverside Pavilion. He suggested providing a list of waterways the ordinance would apply to.

 

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

 

Main motion as amended to include City Center and Buschman Park only failed by 2-3 roll call vote with Councilman Ford, Councilman Bastian, and Councilman Kennedy voting no.

 

PUBLIC WORKS (Mary Anderson)

 

32. First Reading - Ordinance No. 2013-28 – Amendment to Ordinance No. 2013-18 for Non Exclusive Franchise for Roll-off containers (Bid No. 13-27)

 

Mayor Green read Ordinance No. 2013-28.

 

ORDINANCE NO. 2013-28

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-18 RELATING TO A NONEXCLUSIVE FRANCHISE FOR ROLL-OFF CONTAINER COLLECTION AND DISPOSAL OF WASTE WITHIN THE CITY OF PORT ORANGE; ACKNOWLEDGING THAT REPUBLIC SERVICES OF VOLUSIA COUNTY HAS TERMINATED ITS RIGHT TO ENTER INTO A FRANCHISE AGREEMENT; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2013-28 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.

 

Mr. Noftall asked for clarification on the ordinance. Mr. Kisela said Republic has asked to be removed from the franchise agreement.

 

Councilman Ford complimented Public Works regarding their work solving a citizen complaint on water rising on Woodbriar and following up with him.

 

Mayor Green would like Staff to look at the ordinance and have a lump sum.   

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

33. Second 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 ADVMINISTRATIVE 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. Motion carried unanimously by roll call vote.

 

34. Release of Utility Easement – Walter & Gail Green

 

Mayor Green will abstain from voting.

 

Motion to approve the Release of the utility easement was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Councilman Bastian was surprised the item didn’t originally go through the Fire Marshall, but he has since received approval.

 

Mr. Noftall asked if there was someone else in the City that can work with the Mayor and his wife on this item. Mr. Kisela said no, it has to be an engineer.

 

Councilman Bastian said the Mayor is moving the water line at his own expense and the easement isn’t needed where it is. According to the Fire Marshal, it will be more accessible.

 

Mr. Schaffer asked about tree removal. Mayor Green said the property is in the County.

 

Motion carried 4-0 by roll call vote, with Mayor Green abstaining.

 

35. City Attorney’s Report

 

Ms. Roberts had nothing further to report.

 

 

ADMINISTRATION (Greg Kisela)

 

36. Resolution No. 13-87 – Hazard Mitigation Grant Program Grant Award (Project #1840-7-R) Dunlawton Avenue Drainage Pond Phase II (Construction)

 

Mayor Green read Resolution No. 13-87.

 

RESOLUTION NO. 13-87

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; RATIFYING THE APPLICATION FOR AND AUTHORIZING THE ACCEPTANCE OF A STATE OF FLORIDA HAZARD MITIGATION GRANT FOR THE DUNLAWTON AVENUE DRAINAGE POND PHASE II PROJECT TO CONSTRUCT IMPROVEMENTS TO THE DRAINAGE SYSTEM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY AGREEMENTS OR CONTRACTS; PROVIDING FOR MATCHING FUND CONTRIBUTION; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-87 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

37. Resolution No. 13-96 – Florida Department of Environmental Protection (FDEP) Grant Award – Cambridge Canal Phase I

 

Mayor Green read Resolution No. 13-96.

 

RESOLUTION NO. 13-96

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND CITY MANAGER TO ACCEPT FINANCIAL GRANT ASSISTANCE FROM THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE CONSTRUCTION OF THE CAMBRIDGE CANAL STORMWATER PHASE I IMPROVEMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS OR CONTRACTS; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Resolution No. 13-96 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

38. Daytona Beach Shores Billing Dispute Settlement Implementation

 

Motion to approve the Settlement Agreement with Daytona Beach Shores was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

39. City Manager’s Report

 

Mr. Kisela asked Council if they would like to waive the exemption for bid 14-07 being held on Thursday, December 12, 2013.

 

Motion to waive the exemption from public records for the proposals and waive the exemption for public meeting relating to bid 14-07 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

Mr. Kisela advised that he will be working with the County to attempt to mitigate the costs relating to the environmental permitting for the S. Williamson extension project.

 

COUNCIL COMMENTS

 

40. Comments/Concerns from Council Members

 

Councilman Kennedy reminded Council of Jim Fischer’s service on Saturday, December 14, 2013.

 

Councilman Bastian thanked PetSmart for the grant for the feral cat program. He asked about the condition of the canal behind BJ’s. Mr. Kisela advised that Staff reached out to the County. Councilman Kennedy saw a truck spraying.

 

Vice Mayor Burnette asked for input on the speed on Yorktowne. Mr. Kisela will check into it. Vice Mayor Burnette asked to discuss digital signs on an upcoming agenda.

 

Councilman Ford asked for Planning Staff to check on the East Coast Greenway. He believes Riverside Drive and Halifax Drive could benefit from it.

 

Mayor Green thanked City Staff for a great tree lighting event and parade. 

 

ADJOURNMENT: 10:05 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, CMC

City Clerk