REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
FEBRUARY 4, 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
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
Shannon M. Lewis, Assistant City Manager
4. Comments/Concerns from Council Members
Councilman Ford voiced concerns with the City’s infrastructure and road program. It needs to be addressed with a systematic plan.
Motion to bring a plan (or a format for establishing a plan back) to Council within 90 days to work out a strategic plan for routine maintenance and repair of all of the City’s roads and bridges utilizing staff and not a consultant was made by Councilman Ford and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Councilman Bastian said he noticed a lot of palm tree maintenance had occurred and it’s looking better.
SPECIAL AWARDS, REPORTS, RECOGNITION, AND PROCLAMATIONS
5. Leaders for Life Fellowship Winner - Kevin Tierney
Kevin Tierney was presented with recognition and expressed his thanks.
CITIZEN PARTICIPATION (Agenda)
6. Danielle Arlene Gonzalez – Excessive Water Bill at 690 Branch Drive
Arthur Lloyd spoke on behalf of his daughter who had a water leak. Said he believes the City’s meter had a defect and requested an adjustment to the water bill. The sewer bill had already been adjusted. Mayor Green suggested reviewing the previous average use. Mr. Lloyd said the plumber suggested that the meter be replaced. Councilman Ford said he would give discretion to the resident. Vice Mayor Burnette said he would adjust to 5,000-6,000 gallons.
Motion to adjust Danielle Arlene Gonzalez’s water bill for the property located at 690 Branch Drive to 6,000 gallons was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
John Hinton, citizen, spoke on behalf of property on the SW side of Town West and wants to have a second access into Raydon and combine into one light at Town West. Mr. Kisela advised that Raydon has hired a traffic engineer for a traffic study. They have requested to be placed on the February 18, 2014 agenda to present the report.
Kim McNew, citizen, spoke about code enforcement in her neighborhood two years ago and said that they have done nothing about the clearing.
Joyce Borda, Port Orange/South Daytona Chamber of Commerce, said Council is doing a great job and the Chamber appreciates it.
Robert Hanusiewicx, citizen, spoke about reclaimed water bill and requested credit due to broken meter. Mr. Kisela will look into the issue.
Jim Schultz, citizen, spoke about fluoride.
Thomas Antalek, citizen, spoke about concerns related to proposed boat company development on Dunlawton.
Ted Noftall, citizen, spoke about bid procedures and purchase orders. He asked how many quotes are received. Mr. Kisela said three quotes are received. Discussion was held regarding the policies and procedures for contracts and purchase orders.
7. Update on Recreational Facilities
8. Construction Activity Report
9. Water Services Replacement Project – Bid #14-15
10. Award Contract for YMCA Pool Deck Repair and Replacement to Artesian Pools, Daytona Beach, Florida
11. Engagement of Special Legal Counsel Marion J. Radson, Esquire for Sunshine Law Matters
12. Third Amendment to the Public Improvements Agreement for Altamira Shopping Village and Dunlawton Yorktowne Development
Mayor Green asked that item #9 be pulled for further information.
Councilman Ford asked that items #7, 10, and 11 be pulled for further information.
Motion to approve Consent Agenda items #8 and 12 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #7 – Councilman Ford asked if Staff has started locking the gates. Mr. Kisela said not yet. He is bringing a report back to City Council.
Motion to approve Consent Agenda item #7 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #9 - Jim Morris spoke on behalf of Danus Construction asking for the local preference and award. Mr. Kisela explained that the City Council has the discretion to award based on the base bid only. Staff is recommending the base bid plus the alternate because the funds are available. Mr. Morris advised that Danus will withdraw the request.
Motion to approve Consent Agenda item #9 as presented was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #10 – Mr. Kisela said there was only one bid and they recommend Artesian Pools.
Motion to approve Consent Agenda item #10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #11 - Ms. Roberts provided details of the item. She has consulted with Marion Radson regarding Sunshine Law matters. She has not utilized all of the $2,000 and does not believe she will but wants to be in a position to provide answers as quickly as possible.
Councilman Ford had a citizen concern about hiring an attorney who is in a government position. It was suggested to hire an attorney who would promote the First Amendment. Ms. Roberts said Mr. Radson is Board Certified. He is familiar with First Amendment Rights as well as Sunshine Laws. Councilman Ford believes the EIS Policy is too much.
Vice Mayor Burnette asked what training is going to be provided to the Board Members. Ms. Roberts said she and the City Clerk are watching for training sessions through the First Amendment Foundation.
Councilman Bastian is a bit concerned about the policy that was sent to Board Members. He hopes volunteers will not be scared off.
Councilman Kennedy agreed with the policy. It is there to protect the Board Members and the City.
Motion was made to approve Consent Agenda item #11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Noftall said he googled Mr. Radson and he is still listed as Gainesville’s City Attorney. He asked if this attorney will be used for training. Mayor Green wants all Board Members to be trained.
Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
13. Northbound 1-95 Bridge/Doris Leeper Preserve Trail
Mr. Kisela said the project was from the TPO. There is clearly impact to the residential area adjacent to I-95.
Tim Burman, Planner, said Staff has performed more evaluation of the project and found the two issues of the land acquisition and the bridge issues. Staff is asking for Council’s direction as to the project.
Council consensus is to withdraw the project.
CITY ATTORNEY (Margaret Roberts)
14. City Attorney Comments
Ms. Roberts had nothing further.
ADMINISTRATION (Greg Kisela)
15. Contract for Sale and Purchase of Real Property at 5126 Ridgewood Avenue
Mr. Kisela provided details of the Options Contract to purchase 5126 Ridgewood Avenue. This property is across the street from the Eagles. The property used to be Nova One Tattoo. The purchase price is approx. two-thirds of the appraisal value. The property has substantial code liens attached. Staff is asking for direction as to the contract or foreclosure of the property.
Ms. Roberts said there are $45,000 of liens on the property that will need to be cleared by the seller during a sale.
Councilman Ford agreed with the purchase.
Vice Mayor Burnette asked what the plan is for the property. Mr. Kisela said maybe stormwater, redevelopment, or other uses. It is wide open right now, no set plans. It is an eye sore.
Motion to approve the contract was made by Councilman Kennedy, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
16. City Manager Comments
Mr. Kisela announced Donna Steinebach as the Administrative Services Director. CRA duties will be redistributed to other Staff.
ADJOURNMENT: 7:50 p.m.
Mayor Allen Green
Robin Fenwick, CMC