REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MARCH 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
Robin Fenwick, City Clerk
Motion to move item #22 after item #3 was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.
4. Comments/Concerns from Council Members
Councilman Kennedy announced that he is not running for re-election after 24 years of service.
Councilman Bastian commended Councilman Kennedy for his service. He reminded people to watch for motorcycles over the next ten (10) days during Bike Week.
Vice Mayor Burnette thanked Councilman Kennedy for his service. He asked if monies are allocated for Yorktowne North. Mr. Kisela said the money is not allocated. Wayne Clark, Community Development Director, provided details. Staff decided not to complete the central section because it would have gone nowhere since the private sector was not moving forward on the last section. They are trying to find ways to get the private sector to build the last section.
Councilman Ford thanked Councilman Kennedy for his service. He praised Councilman Kennedy for his civility and professionalism. He asked for more details on the Yorktowne extension. He asked if the problem with hiring a building inspector has been solved. Mr. Kisela said no. The pay scale needs to be reviewed. He is working on ways to get a qualified building inspector hired. Councilman Ford believes this is a top priority.
Mayor Green thanked Councilman Kennedy for his service.
BOARD REPORTS, APPOINTMENTS, AND INTERVIEWS
5. Construction Regulation Board Appointment – Mike Gardner
Motion to appoint Mike Gardner to the Construction Regulation Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Mike Gardner introduced himself to Council and provided his credentials to Council.
Mayor Green would like to see more activity from this Board.
Motion carried unanimously by roll call vote.
6. Construction Regulation Board Re-Appointments – Brad Blais & Tim Thompson
Motion to nominate Brad Blais & Tim Thompson to the Construction Regulation Board was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
7. Parks & Recreation Advisory Board Re-Appointment – Jack Wiles
Motion to nominate Jack Wiles to the Construction Regulation Board was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
8. Environmental Advisory Board Report
Suzanne Grubbs, Chair of Environmental Advisory Board, provided details of the Board’s meeting. There is one (1) opening on the Board currently.
Councilman Ford asked that the Board review the reuse/reclaim issues.
9. Report from Kemper Sports Management regarding Cypress Head Golf Course
Mike Collins, General Manager, provided details of the financial reports relating to the golf course. January had six days that did not see inclement weather. March is ahead of budget so far.
Councilman Ford encouraged all to visit the restaurant. He is still concerned with the revenue levels.
Vice Mayor Burnette asked about the February numbers. Ms. Collins said it was a little better but still below budget. Vice Mayor Burnette asked how late the driving range is open at night. Mr. Collins said usually until 8:30 p.m. but there have been issues with the lighting lately.
Councilman Bastian is also concerned with the numbers.
CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)
John Junco, citizen, invited Council and all to the Spring Fair beginning on Thursday. Mr. Junco thanked Councilman Kennedy for his service and announced that he will be running for the Council seat.
Bailey Berman, Chair of Youth Advisory Board, and Matthew Burnette, Historian, thanked Councilman Bastian for his help with the Jeans for Teens program. Ms. Berman asked for approval to use the City’s logo for polo shirts for Board Members.
Motion to allow the use of the City logo was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Mr. Burnette asked for $150.00 for a scholarship prize for the winner of the Youth Achievement Award. Mayor Green said those wanting to donate can send donations to the City. Ms. Berman said applications will be provided soon. It is open to grades 8-12.
10. Approval of Minutes
a. February 4, 2014 – Regular City Council Meeting
11. Construction Activity Report
12. Renewal of Storm Drain Pipe Lining Contract (Bid Award #13-12, Project #DIP033)
13. Piggyback Agreement and Contract Addendum No. 1 with P&S Paving, Inc. for the Annual Paving Program FY2014
14. Approval for two authorized part time, no benefit positions in the Parks Maintenance Division
15. City Cost Participation Request for Water’s Edge Phase XII Sanitary Sewer Force Main improvement and Lift Station Wet well upsize
16. City Attorney’s Quarterly Report
Councilman Bastian asked that Item #15 be pulled for further discussion. Vice Mayor Burnette asked that item #11 be pulled for further discussion.
Motion to approve Consent Agenda Items #10, 12-14, and 16 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Vice Mayor Burnette asked for details on the Spruce Creek Park renovations. Mr. Kisela said there have been issues with the turtle relocation and the weather. Staff is working on the issues and trying to get the project back on track.
Motion to approve Consent Agenda Item #11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item 15 – Councilman Bastian asked if there was an error with a 6” pipe being installed rather than an 8” pipe. Jason Yarborough, Public Utilities Director, introduced Kenny Ho, Civil Engineer and Project Manager.
Mr. Ho said Water’s Edge was not designed to accommodate 12 phases. Their studies showed they could downsize and save money, but now that they are adding phases 4 and 5, they need the larger pipe.
Mayor Green was concerned because the City is helping with the costs for the developer. Mr. Kisela said it is for the future growth to the south, not just the additional phases in Water’s Edge.
Motion to approve Consent Agenda Item #15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
17. Public Hearing - First Reading - Ordinance No. 2014-9 – Ordinance Rezoning and Approving a Master Development Agreement & Conceptual Development Plan/Atlantic Marine PCD, Case no. 13-65000001
Mayor Green read Ordinance No. 2014-9.
ORDINANCE NO. 2014-9
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; REZONING PROPERTY CONSISTING OF APPROXIMATELY 2.49 ACRES LOCATED AT THE SOUTHWEST CORNER OF DUNLAWTON AVENUE AND LEMON STREET FROM “CI” (COMMERCIAL INDUSTRIAL), “NP” (NEIGHBORHOOD PRESERVATION) AND “PO” (PROFESSIONAL OFFICE) TO “PCD” (PLANNED COMMERCIAL DEVELOPMENT); AUTHORIZING REVISION OF THE OFFICIAL ZONING ATLAS; APPROVING THE ATLANTIC MARINE PLANNED COMMERCIAL DEVELOPMENT MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2014-9 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Margaret Roberts, City Attorney, asked Council to discuss procedural discussions. She asked if any parties will testify as a party intervener. Those parties will need to be sworn in.
Jim Scott, Attorney representing Drew & Fred Urghart, will be involved in the hearing. Dru and Fred Urqhart, 511 Powers Avenue, introduced themselves as party interveners.
Mayor Green provided details of the hearing procedures.
Tim Burman, Planner, was sworn in by City Clerk. Ms. Roberts asked Mr. Burman to provide his experience and qualifications and the services he provides to the City of Port Orange.
Mr. Burman provided details of the project’s background. Council agreed to consider Mr. Burman an expert in this field.
Mr. Burman provided details of the proposed development. Modifications to the MDA since the January 23, 2014 Planning Commission Meeting include a 40’ buffer on 619 Lemon Street, 8’ vinyl fence along the property lines, and will allow the applicant to plant trees instead of shrubs.
Proposed Atlantic Marine Policy Issues include:
1) 25’ landscape buffer along the West property line. The fence height has been raised to 8’.
2) Specimen tree preservation
3) Alternate surfaces within the area designated for boat storage
4) Architecture change to allow the use of storefront windows and white exterior doors and omit the requirement to install a decorative railing along the top of the roof.
5) Off-site signage for Port Orange Seafood. Applicant is requesting to continue to allow the sign to remain.
Staff recommends approval of the rezoning to PCD, the Master Development Agreement and Conceptual Development Plan for the Atlantic Marine PCD, subject to City Council approval of the five policy considerations listed above.
Councilman Bastian asked if it would be easier to move the boats on asphalt rather than gravel. Mayor Green said the request relates to water retention concerns.
Mr. Scott asked Mr. Burman if the perpetual easement is still in the master plan. Mr. Burman said it is in the MDA. Mr. Scott asked where the easement will be. Mr. Burman said it will go on the 619 Lemon Street property.
Jim Morris, Attorney for Atlantic Marine, asked Mr. Burman what additional uses are being added by the change. Mr. Burman said the retail sales.
Mr. Morris provided details of the current business activity, future business activity, process to come for this project, and traffic concerns.
Sans Lasiter, Engineer, provided his background cridentials. Council accepted Mr. Lasiter as an expert. Mr. Lasiter was sworn in by the City Clerk. Ms. Lasiter provided details of the traffic study performed.
Vice Mayor Burnette asked about left turns in and out of the site. Mr. Lasiter said a median cut will be required. FDOT’s recommendation is to put a directional left turn median so a left turn can occur into the site but not out of the site. FDOT is requiring the Lemon Street median to be closed so no left turn can occur. Traffic counts were discussed.
Councilman Bastian asked how people will head west. Mr. Lasiter said there are several ways to go to head west on Dunlawton (i.e.: Herbert Street, Orange Avenue, Lafayette Street, etc. It would be difficult to make a u-turn with a boat trailer. This same traffic pattern is in place now.
Mr. Scott asked Mr. Lasiter questions relating to traffic patterns.
Mr. Morris provided pictures of other sites that are permitted uses on the subject property, as well as details of the proposed agreement with concerned property owners. There are a number of permitted uses for this property that would have fleet services. He spoke regarding the boundary dispute.
Kim Buck, President of Allen Engineering Group, provided details of her credentials. Council accepted Ms. Buck as an expert. Ms. Buck spoke regarding the left turn access.
Mr. Morris spoke regarding the site plan. The a/c units will not be placed on the roof.
Mr. Scott advised that his concern relates to the easement appearing to be listed on the north side rather than the south side of the property.
Mr. Morris stipulates that it is a south boundary not north.
Dianne Gardner, citizen, addressed Council thanking Councilman Ford for his involvement. She provided details of the concessions made regarding the project.
Paul Rozar, citizen, is concerned with the boat traffic pulling into Powers rather than Lemon Street.
Kela Lindsay, citizen, is concerned with the PCD not including 619 Lemon St. She asked if there will be a road out onto Lemon Street. She asked how the traffic will flow into. Ms. Lindsay is concerned with the speed and amount of traffic on the road already. She asked that Staff look into blocking off Powers at Lemon Street but still allow property owners to have access.
Mayor Green said a gate was on Powers at one time but it didn’t work.
Councilman Ford would like Council to direct Staff to look into a gate mechanism. Mr. Kisela said Staff will look into it.
Mayor Green said when it was closed previously people would turn around in residents’ yards.
Vice Mayor Burnette wants the cuts in the medians to take into consideration the landscaping currently being done. He doesn’t have a problem with the retail sales on Dunlawton.
Councilman Bastian asked Mr. Scott if there is a dispute regarding the boundary line and survey. Mr. Scott said there is still a dispute.
Councilman Kennedy doesn’t believe there is an issue with the access to Lemon Street. He believes it is an improvement over what is currently on the site.
Mayor Green said it’s a tough piece of property but this project appears to be an improvement. He’s glad things have been worked out with the neighbors.
Motion to amend Motion to include a prohibition to stacked storage was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
POLICE DEPARTMENT (Jerry Monahan)
18. Resolution No. 14-7 – High Visibility Enforcement Project
Mayor Green read Resolution No. 14-7.
RESOLUTION NO. 14-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA RATIFYING AND AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR HIGH VISIBILITY ENFORCEMENT; ACCEPTING GRANT FUNDING; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS AND CONTRACTS; PROVIDING FOR AN EFFECTIVE DATE.
Motion to adopt Resolution No. 14-7 was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Jerry Monahan, Police Chief, is available for questions.
Vice Mayor Burnette asked what area will be targeted. Chief Monahan said intersections that have documented problems.
Councilman Kennedy suggested the Police look at Victoria Gardens and Clyde Morris.
Motion carried unanimously by roll call vote.
PUBLIC WORKS (Mary Anderson)
19. Resolution No. 14-8 - Approval of Renewal of Florida Department of Transportation (FDOT) Memorandum of Agreement with the City of Port Orange
Mayor Green read Resolution No. 14-8.
RESOLUTION NO. 14-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF THE RIGHT-OF-WAYS LOCATED ON RIDGEWOOD AVENUE (SR 5), NOVA ROAD (SR 5A), DUNLAWTON AVENUE (SR 421), THE CAUSEWAY (SR A1A) AND PENINSULA DRIVE (SR 441); DIRECTING THE CITY CLERK TO FORWARD A COPY OF SAID RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Resolution No. 14-8 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mary Anderson, Public Works Director, advised Council that FDOT amended the agreement. FDOT will be providing $65,000 Rather than $40,600 on an annual basis for three years.
Newton White, citizen, asked if Staff could ask FDOT for City Staff to maintain the intersection at I-95 and Dunlawton. Mr. Kisela said the State maintains that area and cleaned it up after City Staff notified them of the need recently.
Councilman Bastian asked about the maintenance of a few trees at the exit heading east from I-95 onto Dunlawton. Ms. Anderson said she will ask Staff and provide a report tomorrow.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
20. City Attorney Comments
There were no additional comments.
ADMINISTRATION (Greg Kisela)
21. Public Hearing - Second Reading – Ordinance No. 2014-8 – Amending the Audit & Budget Advisory Board Membership
Mayor Green read Ordinance No. 2014-8.
ORDINANCE NO. 2014-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, AMEDNING CHAPTER 2, ARTICLE III, DIVISION 5 REGARDING THE AUDIT AND BUDGET ADVISORY BOARD; REMOVING EX-OFFICIO MEMBERS OF THE BOARD; AND PROVIDING AN EFFECTIVE DATE.
Motion to adope Ordinance No. 2014-8 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
22. First Reading – Ordinance No. 2014-7 – Amending the Port Orange Fire and Rescue Pension Fund, Chapter 54, Article IV, Sec. 54-80
Mayor Green read Ordinance No. 2014-7.
ORDINANCE NO. 2014-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING CHAPTER 54, ARTICLE IV, CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA; ENTITLED FIRE AND RESCUE PENSION FUND; AMENDING SECTION 54-80, FINANCES AND FUND MANAGEMENT; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Motion to adopt Ordinance No. 2014-7 was made by Vice Mayor Burnette, and Seconded by Councilman Bastian.
Shannon Lewis, Assistant City Manager, advised Council the Ordinance makes changes as requested by the Board relating to the Plan’s investment policy.
Jim Reardon, Pension Board Member, introduced himself to Council. Burgess Chambers, Consultant, said they are requesting an increase from 60% to 70% max. The target is always 65%.
Councilman Kennedy supports the real estate investing. Police have been doing that already.
Councilman Bastian supports the flexibility for the plan.
Vice Mayor Burnette believes the window for real estate is in the future. He wants to have an answer from PFM before second reading. Ms. Lewis said PFM had asked for an Asset Liability Study. There is a cost to performing that study. The Board has asked that the study not be required as it has never been done in the past nor has it been required of the other boards.
Councilman Ford said the Board has done due diligence and have discussed the issue in detail.
Mr. Chambers advised that the actuary issued a letter of no impact on the changes.
Motion carried unanimously by roll call vote.
Mr. Kisela asked Vice Mayor Burnette if he is requesting the study to be done. Vice Mayor Burnette wants to know how often the study is done. He is not requesting that the study be done.
23. Discussion regarding Options concerning Suspension of Reuse/Reclaimed Consumption Rates
Mr. Kisela provided a copy of a proposed Ordinance and discussed the change made relating to Councilman Ford’s concern. It now covers all users not just the large users.
Councilman Ford asked if authority is being given to anyone other than Council to reduce charges. Mr. Kisela said no.
Mr. Kisela said he is suspending reclaimed water charges for all users for two billing cycles. Mayor Green asked how the message is going to get to the users. Mr. Yarborough said it will be on the bills and press releases will go out.
Mark Schaefer, citizen, asked if the reclaimed water usage is down that much. Mr. Kisela said it is down because of the rain. Customers don’t need to use it.
Mr. Noftall asked if the permit allocation is a calendar year or fiscal year. Mr. Kisela said calendar year. Mr. Noftall asked when the report will be provided relating to the financial issues with this program. Mr. Kisela believes some of the information will be provided with the rate study.
Scott Stiltner, citizen, cautioned citizens about overwatering their lawns.
24. City Manager Comments
There were no additional comments.
ADJOURNMENT: 9:07 p.m.
Mayor Allen Green
Robin Fenwick, CMC