REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JANUARY 7, 2014

 

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

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green

 

Absent:                      Councilman Dennis Kennedy

 

                                    Also Present:            Greg Kisela, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk

 

4.        Order of Business

 

Mayor Green asked if any modifications were being requested by Council Members.

 

Councilman Ford asked to discuss the idea relating to Council Comments being moved to the beginning of the meeting. He also mentioned late submission of materials should be avoided except for true emergencies.

 

Vice Mayor Burnette agreed with both modifications from Councilman Ford.

 

Councilman Bastian agreed with the ideas as well. 

 

Mayor Green suggested a limitation on Council Comments.

 

Councilman Ford asked about moving items with attorneys involved to the front of the meeting.

 

Councilman Bastian doesn’t want to be limited in time within reason.

 

Mayor Green suggested limiting it to 30 minutes or so. Councilman Bastian and Ford agreed.

 

Motion was made by Councilman Ford to move the order of business for Council Comments to after roll call with a limit of 30 minutes for discussion with any further remarks or continuation would occur at the end of the meeting, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.

 

Motion to accept the Order of Business as modified was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote.

 

5.        Election of Vice Mayor

 

Councilman Bastian nominated Councilman Ford, and Seconded by Vice Mayor Burnette. Mayor Green nominated Vice Mayor Burnette, and Seconded by Vice Mayor Burnette.

 

Motion failed by 2-2 roll call vote with Vice Mayor Burnette and Mayor Green voting no.

 

Motion to table the nomination was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Motion carried unanimously by voice vote.

 

6.        Appointments to Council Committees for 2014

 

The current appointments are as follows:

 

            ArtHaus – Vice Mayor Burnette

            City Investment Committee – Councilman Kennedy

            Communications Interlocal Agency – Mayor Green

            General Employees Retirement Trust Fund – Councilman Bastian

Golf Course Board of Directors – Councilman Ford and Greg Kisela

            Library Advisory Board – Councilman Bastian

            Transportation Planning Organization – Councilman Ford

            Municipal Firefighters Pension Board – Councilman Ford

            Municipal Police Officers Retirement Trust – Councilman Kennedy

Port Orange-South Daytona Chamber of Commerce – Vice Mayor Burnette

            Volusia Council of Governments – Mayor Green

            Volusia League of Cities – Mayor Green

            YMCA – Councilman Bastian

 

Council Members agreed to continue on the same committees as 2013.

 

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

 

 

SPECIAL RECOGNITION AND PROCLAMATIONS

 

7.    Special Recognition for Retired City Employees

 

Mayor Green read proclamations and thanked retired employees: John Shelley, Walter Cooper, Steven Levine, Don Stuhr, and James Franklin.

 

8.    Swearing In Ceremony of Fire Chief Joe Pozzo

 

Fire Chief Joe Pozzo introduced himself and was sworn in by Mayor Green.

 

JOINT ANNUAL MEETING OF PORT ORANGE PROPERTY DEVELOPMENT, INC.

 

Council recessed at 6:53 p.m. to hold the Joint Annual Meeting of the Port Orange Property Development, Inc., minutes of which are under special cover.

 

Port Orange Property Development, Inc. meeting adjourned at 6:56 p.m.

 

ANNUAL MEETING OF THE DESIGN REVIEW BOARD

 

The Annual Meeting of the Design Review Board was held, minutes of which are under special cover.

 

The Design Review Board meeting adjourned at 6:58 p.m.

 

JOINT ANNUAL MEETING OF CITY CENTER CORPORATE PARK PROPERTY OWNERS ASSOCIATION

 

The Joint Annual Meeting of City Center Corporate Park Property Owners Association was held, minutes of which are under special cover.

 

The City Center Corporate Park Property Owner’s Association meeting adjourned at 6:59 p.m.

 

JOINT ANNUAL MEETING OF GOLF COURSE AT CYPRESS HEAD, INC.

 

The Joint Annual Meeting of the Golf Course at Cypress Head, Inc. was held, minutes of which are under special cover.

 

The Golf Course at Cypress Head, Inc. meeting adjourned at 7:01 p.m.

 

TOWN CENTER CRA SPECIAL MEETING

 

A Special Town Center CRA Meeting was held, minutes of which are under special cover.

 

The Town Center CRA Meeting adjourned at 7:19 p.m.

 

City Council reconvened at 7:19 p.m.

 

BOARD APPOINTMENTS & INTERVIEWS

 

9.    Board Appointments

a.    Fire Pension Board – Frank Sheridan (5th Member)

Motion was made by Vice Mayor Burnette to approve Frank Sheridan as the 5th member of the Fire Pension Board, and Seconded by Councilman Ford.

Vice Mayor Burnette disagreed with the State Statute that requires Council to approve the 5th member as a ministerial duty only.

Councilman Bastian said Mr. Sheridan has served the Board well over the years.

Ted Noftall, citizen, agreed with Vice Mayor Burnette and believes the Board is unbalanced. There should be two members from the City, two from the Union, and one neutral person.

Motion carried unanimously by roll call vote.

b.    Police Pension Board – Lt. Chris Besuden (5th Member)

Motion was made by Vice Mayor Burnette to approve Lt. Chris Besuden as the 5th member of the Police Pension Board, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote.

CITIZEN PARTICIPATION (Agenda)

 

10. Lorraine Maurath – Senior Bridge Lessons

 

Lorraine Maurath, citizen, addressed Council regarding Bridge lessons for local seniors. She asked Council to waive the facility fees.

 

Susan Lovallo, Parks & Recreation Director, advised the fee would be $15.00 per class. Ms. Maurath agreed with the fees.  

 

11. Center for Business Excellence – Robin King, President & CEO

 

Robin King, President & CEO for the Center for Business of Excellence, introduced herself to Council and provided details of their services.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

 

Carl Watson, Executive Director of the SE Volusia Advertising Authority, introduced himself to Council and provided details of their Board.

 

Mike Gardner, citizen, provided details of the issues he is having relating to Atlantic Marine and 619 Lemon Street.

 

Dianne Gardner, citizen, asked Council to investigate what is happening with the property behind her home.   

 

Kim McNew, citizen, addressed Council regarding the land clearing on 619 Lemon Street.

 

Paul Rozar, 607 Powers Avenue, addressed Council regarding his concerns relating to the one ton limit and 25 mile per hour speeds being ignored on Lemon Street.

 

Mr. Noftall asked Council if the Riverwalk appraisals will be released to the public. He also asked if the Council has the authority to table the election of the Vice Mayor and if the Mayor can make a nomination. Mr. Noftall still has concerns about the abilities of the City Manager.

 

Corey Berman, citizen, addressed Council regarding accountability and transparency. He also voiced concerns about the Audit & Budget Advisory Board’s duties. He believes guidance is needed from Council.

 

Newton White, citizen, addressed Council relating to paving of roads.

 

Jack Wiles, citizen, discussed Council regarding Atlantic Marine and the cleanup of 619 Lemon Street. He disputes the allegations that he and his son did anything wrong. The meeting scheduled for Wednesday, January 8, 2014 will address the neighbor’s concerns.

 

Jim Morris, Attorney for BDW Marine, addressed the concerns and allegations of the neighbors of 619 Lemon Street. 

 

CONSENT AGENDA

 

12. Approval of Minutes

a.    December 10, 2013 – Regular City Council Meeting

b.    December 12, 2013 – Joint Special City Council/Town Center CRA Meeting

13. Project Manager’s Report

14. Update on Recreational Facilities

15. Construction Activity Report

16. Council Meeting Schedule for 2014

17. Written Reports from KemperSports regarding Cypress Head Golf Course

18. Wraparound Agreement with Ferguson Water Works for Utility Supplies

19. Major Special Event Request – Hawks 5K Resolution Run and One Mile Fun Run, 801 Taylor Road

20. Major Special Event Request – Volusia/Flagler Family YMCA at Aunt Catfish Restaurant at 4009 Halifax Drive, 4108 Halifax Drive, and Panhead’s at 4085 Ridgewood Avenue

21. Waive Formal Bidding Procedures and Approve a Sole Source Standard Contract for Services with Task Authorizations for Diamond Quest Corporation

22. Waive Formal Bidding Procedures and Approve a Sole Source for a Standard Contract for Services with Task Authorizations for Hach Company

23. Lease Renewal with Port Orange/South Daytona Chamber of Commerce

 

Items pulled from Consent for further discussion: 16, 21, 22, 23

 

Motion was made by Vice Mayor Burnette to approve Consent Agenda Items 12-15 and 17-20, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Item #16 – Vice Mayor Burnette made a Motion to approve the Council meeting schedule with modifications as follows: August 26 and Nov 4 move to the Wednesday after because of the elections. Councilman Ford asked that July 15th be deleted. Vice Mayor Burnette suggested meeting the 4th and 5th Tuesdays in July instead of the 3rd and 4th Tuesdays. Councilman Ford Seconded the Motion to approve with modifications as discussed. Motion carried unanimously by voice vote.

 

Item #21 – Vice Mayor Burnette asked if the Diamond Quest Corporation contract can be put out to bid. Mr. Kisela said Staff will look into it.

 

Motion was made by Vice Mayor Burnette to table the item, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Item #22 – Mr. Kisela asked that item be pulled.

 

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

 

Item #23 – Mr. Berman asked what the rent payment is per square feet. Mr. Kisela said the lease is $10.00 per year. The building belongs to the Chamber organization. Mayor Green advised that the property is owned by the City but the building is owned by them. Mr. Berman said the maintenance should be paid for by the Chamber. Mayor Green said it is already.

 

Motion to approve the Lease Renewal with the Chamber was made by Vice Mayor Burnette, and Seconded by Councilman Ford.

 

Mike Arminio, citizen and President of Riverside Pavilion, provided details of the organization. All “profits” are put back into the organization. The building and the Chamber are very important to the City.

 

 Motion carried unanimously by roll call vote.

 

TABLED ITEMS

 

24. Historic Tree Removal Request, FPL Magnolia Substation (Continued from November 12, 2013 and Tabled on December 10, 2013)

 

 

Motion was made by Vice Mayor Burnette to remove item #24 from the table for further discussion and consideration, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

Larry Volenek, FPL representative, provided details of the project and the meetings with five of the seven affected homeowners.

 

Mr. Kisela provided details of the funding sources for the cost participation portion.

 

Mayor Green said the most he would be willing to is $48,000 which leaves a shortage of $6,000.

 

Councilman Ford believes the City should pay the whole part because of the City’s approval of the plans years ago when the building and original platting was done.

 

Vice Mayor Burnette agreed with Councilman Ford and believes the City should be held responsible.

 

Councilman Bastian also agreed with Councilman Ford. He asked again if the lines can cross over each other. Mr. Volenec said those are different lines with different voltage. Councilman Bastian asked if there is a way to move the H-frame lines to the north.

 

Daniel Hronec, FPL, said probably yes, but the cost would be hundreds of thousands of dollars rather than the $54,000 being proposed currently.

 

Mayor Green asked for Council to vote on the tree trimming.

 

Vice Mayor Burnette asked to hear from the residents.

 

Joan Ross, President of the Waterbridge HOA, said some of the homeowners are drastically impacted and others are less impacted.

 

Mr. Berman advised that he has spoken to electrical engineers and structural engineers and was told it would not be that expensive. He believes the home values will decrease $40-50,000.

 

Tom Lipps, citizen, thanked Council and FPL for trying to work with the neighbors. He would never ask Council to spend hundreds of thousands of dollars. He believes this agreement is the best possible solution.

 

Councilman Ford advised he looked at the survey and it was very difficult to see the easement.

 

Councilman Bastian would like to see the costs of moving the H-frame lines to the north.

 

Peter Cocotos, FPL, reminded Council they are considering the tree removal issue, not the transmission lines. Discussions can continue regarding the transmission lines.

 

Councilman Bastian asked if the easement could be vacated since FPL doesn’t need the easement any longer.

 

Councilman Ford wants to make the motion and move forward. He agreed with Councilman Bastian’s question relating to the easement.

 

FPL couldn’t commit to the vacation of the easement.

 

Vice Mayor Burnette advised homeowners they could have a course of action through their title insurance policy.

 

Councilman Ford asked if FPL Management has signed off on the proposal.

 

Mr. Volenek advised that FPL Management has approved to cap the limit at $54,000 and add two (2) additional poles.

 

Motion to approve the tree removal request and accept the $54,000 cost participation was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried by 3-1 roll call vote with Bastian voting no.

 

FINANCE (Wayne Saunders)

 

25. Resolution No. 14-1 – FIND Project Agreement for Riverwalk Launch & Boardwalk Phase I project

 

Mr. Kisela provided details of the resolution.

 

Mayor Green read Resolution No. 14-1.

 

Motion to approve Resolution No. 14-1 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.

 

Mr. Noftall asked what would happen if there is no cost participation for the park. Mr. Kisela said $500,000-600,000 from FDEP and FIND. Mr. Noftall asked where the money is coming from to fund the park development. Mr. Kisela said the grants require designs to be done. Mr. Noftall wants to know what happens if the grants don’t come through.  Mr. Kisela said Council will need to discuss that at the time and decide what their policy will be.

 

Motion carried unanimously by roll call vote.

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

26. Award of RFSQ #14-07 - Design and Engineering Services for Riverwalk Park and Boardwalk

 

Mr. Kisela advised this is the same item handled by the Town Center CRA.

 

Motion to award a base contract with Dredging and Marine Consultants, LLC (DMC) to provide Design and Engineering Services for the Riverwalk Park and Boardwalk to the City of Port Orange pursuant to the City’s Request for Statements of Qualifications (RFSQ) No. 14-07, and to authorize the Mayor and City Clerk to sign related contract documents was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.

 

Mr. Berman is concerned that there were not dollar figures with the oral presentations for the designs. Mr. Kisela explained the Florida Law that requires the design company to be picked by their qualifications then negotiate the terms.

 

Motion carried unanimously by roll call vote.

 

Motion to approve task authorization no. 1 for Phase A, Task 1: Data Review, Planning, Public Workshop and Conceptual Master Plan Development, in and amount not to exceed $37,500 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.

 

Councilman Ford disagreed with doing the design without perimeters. 

 

Vice Mayor Burnette agreed conceptually with the logic but an engineer is going to be able to advise if the wish list items are going to be feasible or not.

 

Mr. Kisela provided details of what properties are available to the City. Riverwalk can still be developed without the residential buildings and the point.

 

Mayor Green asked if the planning, public workshop, and data review could be split into three phases. Mr. Kisela advised of the engineers’ responsibility based on the contract.

 

Motion carried by 3-1 roll call vote with Councilman Ford voting no.

 

Motion to approve task authorization #2 for Phase A, Task 2: Engineering, Permitting and Bid Document preparation for a kayak/canoe launch and boardwalk in an amount not to exceed $58,600 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.

 

Motion carried unanimously by roll call vote.

 

CITY ATTORNEY (Margaret Roberts)

 

27. City Attorney Comments

 

Margaret Roberts, City Attorney, provided guidance regarding the voting of the Vice Mayor.

 

Vice Mayor Burnette believes they will end up at the same result. Councilman Bastian agreed.

 

Ms. Roberts advised Council the Mayor can nominate a person for Vice Mayor.

 

Motion was made by Councilman Bastian for Vice Mayor Burnette to remain the Vice Mayor until replaced, Seconded by Councilman Ford. Motion carried unanimously by roll call vote.

 

ADMINISTRATION (Greg Kisela)

 

28. Award of Bid #14-06, Disposal of Surplus Real Estate

 

Mr. Kisela provided details of the award of bid #14-06. There was one bid which was for $5.00 more than the minimum bid.

 

Motion to approve the award of Bid #14-06 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian. Roll call 3-1 with mayor voting no

 

29. City Manager Comments

 

Mr. Kisela reminded all of the Visioning Workshop on Saturday, January 11, 2014 at 8:00 a.m. for breakfast and 8:30 a.m. to start.

 

COUNCIL COMMENTS

 

30. Comments/Concerns from Council Members

 

Councilman Ford is concerned with the lack of maintenance of City facilities. 

 

Motion was made by Councilman Ford to direct the City Manager to identify a maintenance schedule and provide monthly reports within 60 days, Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.

 

Vice Mayor Burnette found the failed paving schedule/program disturbing. He asked Mr. Kisela to provide a report. Mayor Green asked for the plan that was provided several years ago. Mr. Kisela said he will provide an answer. Vice Mayor Burnette asked about the traffic control device at Yorktowne and Dunlawton. Wayne Clark, Community Development Director, advised that the box has been replaced but the light timing study is being done now by FDOT. They agreed the timing needs to be fixed and said they will have it fixed by Spring Break. Vice Mayor Burnette asked about the breach of employee information. Mr. Kisela provided information regarding the changes in HR for the transmission of sensitive information. Donna Steinebach, Interim Administrative Director, advised Council that the breach of employee information was not an IT security breach. It was an email being sent to an incorrect email address. She provided details of the changes in sending sensitive information. She advised Council of the details of the information provided to the employees affected. Mr. Kisela advised that a subpoena was issued to AOL and they are working with the Police Department to get access to the information through AOL. 

 

Councilman Bastian asked about a start date on the medians at Spruce Creek to US 1 and to the north. Margaret Momberger, Planner, advised the preconstruction meeting is tomorrow, January 8, 2014 for both projects. The NTP will follow and then work will begin.

 

 

ADJOURNMENT: 9:38 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, CMC, City Clerk