REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

MARCH 25, 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

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

 

4.    Audit Report

 

James Halleran, CPA, James Moore & Co, provided details from the 2013 audit report. It was noted that the Police Pension Plan benefit payments were miscalculated several times. The auditors suggested accounting for receivables to ensure they are being paid, as well as bank reconciliations being completed on a timely basis. Most of the comments from the previous year were corrected. The report to the Florida Auditor General showed there were 12 of 14 comments corrected with only two repeated. Mr. Halleran was pleasantly surprised to see so many corrected in a short period of time.

 

Councilman Kennedy asked if the two repeat items have been addressed by Staff. Mr. Kisela said yes, one was the time clock issue for public safety departments. There have not been any companies that can match the needs of the City. The other one was the electronic issue.

 

Councilman Bastian asked about the five comments for this year. Mr. Halleran provided details of the additional three items (other than what Mr. Kisela address above).

 

1) Waverly bus bench revenues;

2) Usage of the same actuary for each pension plan and to have someone on the City’s Staff to protect the City’s interests;

3) Consolidation/elimination of funds; and

4) Information Technology Report was prepared but it is not a public record.

 

Vice Mayor Burnette would like to see the time clock issue settled. Mr. Kisela has found it hard to believe there are no vendors that can provide references; but that is what Staff is running into. Vice Mayor Burnette does not want to see the comments about City Staff not being ready for the auditors next year. He expects Staff to be ready. Vice Mayor Burnette asked about the IT system. Mr. Helleran said an RFP may be needed or the City can upgrade to the newest version of HTE. Vice Mayor Burnette would like to see movement on that issue.

 

Councilman Ford thanked Mr. Halleran for the honest report. He wants to look into other City’s Finance Departments and computer systems.

 

Mayor Green thanked Mr. Halleran for the report. He said the change in software is going to be at least $1,000,000.

 

Motion to accept the audit report was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Motion to add Item #31a - Code Enforcement Lien recovery was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Mr. Kisela asked to remove item #28 from the agenda as it is not ready for Council consideration at this time.

 

COUNCIL COMMENTS

 

5.    Comments/Concerns from Council Members

 

Councilman Ford is concerned with the number of sex offenders living in District 1. The sex offenders are residing in the motels.

 

Motion to instruct the City Manager and Code Enforcement Staff to check the zoning and usage of the motels and “zombie” (abandoned) houses was made by Councilman Ford, and Seconded by Vice Mayor Burnette.

 

He’d like the Police Department to check into the distances and see if sex offenders are within the 2500 feet of parks, schools, etc. that are in conflict with the City’s Ordinance.

 

Tom Quick, citizen, agreed there needs to be something done. There are nine sex offenders in a small area on Ridgewood. He believes they are within the 2500 feet as listed in the Ordinance.

 

Motion carried unanimously by roll call vote.

 

Vice Mayor Burnette asked if the Cambridge project is on track. Mr. Kisela said yes, maybe even a few weeks early. Vice Mayor Burnette would like to discuss emergency planning and readiness with Fire and Public Works personnel. Mr. Kisela will provide a report to Council. Vice Mayor Burnette asked about the reverse 911 message that went out during the water main break. He would like to receive a report on the fail/success rate of the system. Mr. Kisela said it was targeted to go out to 50% of the affected area. He advised those citizens using cell phones and having unpublished numbers will have to register with the Volusia County Sheriff’s Office. Of those 50%, the call only reached about 25% of the people. Mayor Green suggested using the call center for the City during events like the water main break. Citizens could not get through the phone lines. Mr. Kisela said the normal call rate is approximately 200 calls during that time of the break. The calls increased to over 3,000.

 

Councilman Bastian has received a few more complaints relating to the smart meters being installed by FPL. He suggested raising the franchise fees. He raised some concerns regarding the report that was filed relating to the mower incident with an employee. He has issues with the handling of the incident.

 

Councilman Kennedy asked about the helicopter flying over Hensel Road area. Jerry Monahan, Police Chief, said there were 16 vehicles broken into down Hensel Road and Central Park Blvd. Chief Monahan said the officers were working to create a perimeter. It unfolded within 30 minutes. Councilman Kennedy asked what the policy is on short term rentals within neighborhoods (i.e.: during special events). Mr. Kisela will provide information.

 

BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS

 

6.    Environmental Advisory Board Appointment – Newton White

 

Motion was made by Vice Mayor Burnette to nominate Newton White to the Environmental Advisory Board, and Seconded by Councilman Bastian.

 

Mayor Green asked Newton White to introduce himself and tell why he wants to serve on the Board. Mr. White said he is from Port Orange and can bring a historical view to the Board.

 

Motion carried unanimously by voice vote.

 

7.    Report from Kemper Sports Management regarding Cypress Head Golf Course

 

Mike Collins, General Manager, provided the monthly report for the golf course.

 

Councilman Ford understands this is not a good year for the golf course because of the weather and the local competition. The Golf Board has been working hard on the issues with the course. The Board is looking to help the course break even.

 

Vice Mayor Burnette is glad to see the rounds are pushing 200 when the weather is good.

 

Mayor Green encouraged them to think of other things to do when the weather is bad.

 

CITIZEN PARTICIPATION (Agenda)

 

8.    Nancy Smith – water billing issue at 150 Orchid Lane

 

Nancy Smith, citizen, addressed Council regarding her billing issue at 150 Orchid Lane. She requested a reduction in the charges as she believes the meter was not working properly. There was no water anywhere on the property. Mayor Green said Staff checked the meter and it was working properly.

 

Councilman Kennedy asked what her average bill usually is. Mr. Kisela said she is in the 3-4,000 gallon range typically. Councilman Kennedy believes it should be averaged.

 

Councilman Bastian agreed, there’s no way she could have used that much water in a two month period.

 

Vice Mayor Burnette suggested using the 12 month average and then add 1,000 gallons.

 

Councilman Ford suggested charging $100 as a deterrent because there was a leak and close the issue.

 

Motion to charge $100 was made by Councilman Ford, and Seconded by Councilman Bastian. Motion carried unanimously by roll call vote.  

 

Mayor Green asked citizens to check their pipes and turn them off when they travel.

 

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)

 

Paul Thompson, Troop 429, introduced himself. The Troop is in attendance to work on the Citizenship in the Community. 

 

Mike Navarra, Port Orange Baseball Club, presented trophies to the City Council for their recent tournaments.

 

Kim Wrenne and Rachel Meister, S.M.A.S.H., Team 2152 from Spruce Creek High School, asked for help raising money in the community. Mayor Green asked the team to appear to ask for community help. Ms. Wrenne said the money would be donated through Spruce Creek High School, Drew Eckhart. Email: team2152@gmail.com or the website team2152.org for the form with information on submitting donations. Vice Mayor Burnette asked for a message on pogTV.

 

Ted Noftall, citizen, expressed concerns with the lack of communication and the authority level of the City Manager. He asked for a review of the City’s Charter. Mayor Green said he has discussed some of the issues with the City Manager. The City’s leadership goes through the City Manager in a City Manager form of government. Mr. Noftall suggested the form of government be changed. He would like the hiring, firing, and performance reviews be handled through Council.

 

John Cheney, citizen, asked how the City Manager inherited so many problems. He requested 2013 copy of the City’s Irrigation and License and Competency Card with the County to perform irrigation repairs. He has not received a copy and believes the City does not hold a Competency Card. He believes the County requires the card. Mayor Green asked Mr. Kisela to look into this issue with the County.

 

CONSENT AGENDA

 

9.    Approval of Minutes

a.    March 4, 2014 – Special City Council Meeting

10. Project Manager’s Report

11. Proposed Right-of-Way License Agreement – Smokerise Blvd., Countryside PUD, Phase IV-C Subdivision, 14-97500002

12. Sale of Surplus Dirt currently stored at Central Wellfield Property

13. South Atlantic Avenue and Ridgewood Avenue Watermain Adjustments Project – Bid #14-01

14. Approval to piggyback off of Florida State Contract #075-490-07-ACS to purchase a heavy duty vehicle lift for the vehicle maintenance

15. Approval of Renewal of Landscape Maintenance Contract with Tif-Jen, Inc. (Bid #11-11)

16. Reject Landscape Maintenance Proposals for Bid #14-12

17. Approval to purchase 5 additional commercial mowers utilizing the State of Florida Contract 760-000-10-01

 

Vice Mayor Burnette asked that Items 16 and 17 be pulled for further discussion.

 

Motion to approve Consent Agenda Items #9-15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #16 - Vice Mayor Burnette believes the bid process is flawed because this is the second time Staff is rejecting the landscape maintenance bids.

 

Councilman Kennedy agreed.

 

Councilman Ford wants to see something done about the bidding process. He asked the City Manager what Staff is doing to correct it. Mr. Kisela said Staff is working through the issues to see what’s wrong. He will have feedback within 30-60 days.

 

Mayor Green asked that Council receive a copy of the RFP.

 

Councilman Bastian asked about the requirement to hand pull the weeds. Mary Anderson, Public Works Director, said it has been a requirement in the contract for several years. Councilman Bastian asked how the costs were determined for the six months of mowing for City Staff. Ms. Anderson said they have tracked the costs for the past six months.

 

Mayor Green said the City of Holly Hill uses prisoners. South Daytona supplements the weed pulling with City Staff.

 

Motion to approve item #16 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Item #17 – Vice Mayor Burnette asked if five mowers are truly needed. Ms. Anderson advised that two of the mowers were scheduled to be replaced next year. Public Works has been borrowing equipment from other departments to complete the mowing for the past six months.

 

Vice Mayor Burnette fells “boxed in” on this decision because of the failed bids.

 

Councilman Kennedy agreed with Vice Mayor Burnette and would request that Staff mow Clyde Morris even though it’s the County’s responsibility.

 

Mayor Green asked why Staff is not asking for weed eaters and blowers. Ms. Anderson said those can be purchased under Staff’s authority. Mayor Green doesn’t want to be in the lawn care business.

 

Margaret Roberts, City Attorney, asked that the motion be subject to approval of the budget appropriation.

 

Councilman Bastian asked how the mowers are being paid for. Mr. Kisela explained the funding account paying for the mowers.

 

Councilman Ford wants good records and a report after the six months of mowing. He asked what tasks will suffer because staff will be mowing. Ms. Anderson said Staff will continue to meet immediate needs and emergency requirements. They will not slow down on the capital improvement projects. The newer items such as the cleaning and flushing of the storm sewer system will slow down. Staff had tried to increase the cleaning and flushing of the system in recent months.

 

Councilman Ford asked Ms. Anderson not to get in a hole. He asked her to come back to Council if she needs additional personnel.

 

Mayor Green asked Staff to map the areas out clearly. He suggested hiring temporary help. Mr. Kisela said Staff is planning to hire seven additional temporary helpers.     

 

Motion to approve item #17 subject to approval of the budget appropriation (item #19) was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Cheney addressed Council regarding the costs of Staff doing this work, as well as the performance level.

 

Mr. White addressed Council relating to City Staff mowing at a savings and learning what is being required of the contractors.

 

Mr. Noftall asked for a plan from Public Works. Mr. Kisela said Staff has been cutting the same grass for the past six months. The frequency is being increased because of the growing season. Staff is planning to meet the bid specifications.

 

Scott Stiltner, citizen, asked what the City’s ability is with the equipment they currently have. Ms. Anderson said she would have to calculate the answer. Mr. Stiltner doesn’t believe Staff knows how much equipment is needed because they don’t know what the capabilities are with the current equipment. He asked Staff to hold themselves to the same standards as listed in the bids.

 

Councilman Bastian asked how much will be expended on mulch and if the weeding will be done by hand. Ms. Anderson said there is no mulch included because it’s done in March. She said the weeding will be done by hand by Staff. 

 

Motion carried 4-1 by roll call vote with Vice Mayor Burnette voting no.

 

 

 

FINANCE (Wayne Saunders)

 

18. Resolution No. 14-11 – Budget appropriation – US 1 Irrigation Conduit project

 

Mayor Green read Resolution No. 14-11.

 

RESOLUTION NO. 14-11

 

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. 14-11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mayor Green asked Staff to check to see if Hazen Construction put in sleeves approximately 10 years ago. Councilman Ford said according to Former City Manager, Ken Parker, they were not put in that same area.

 

Motion carried unanimously by roll call vote.

 

19. Resolution No. 14-16 – Budget appropriation – Additional mowers

 

Mayor Green read Resolution No. 14-16.

 

RESOLUTION NO. 14-16

 

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. 14-16 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Cheney believes half a million dollars will be spent during the six months. 

 

Motion carried 3-2 by roll call vote, with Vice Mayor Burnette and Councilman Ford voting no.

 

20. Monthly Finance Report

 

Wayne Saunders, Finance Director, provided details from the monthly finance report.

 

Mr. Noftall asked if the Finance Director has a report on the status of the items discussed with the Audit & Budget Advisory Board (i.e.: leaving the books open for 12-15 days into the next month and accruals.) Mr. Saunders said he asked the Board to allow him to provide information back at the next Audit & Budget Advisory Board meeting relating those items.

 

Mr. Saunders thanked James Moore & Company for their work. He thanked the Finance Staff for their hard work in correcting the comments from last year’s audit. He advised Council that two bonding companies reaffirmed the bond rating or raised it. The “report card” (CAFR) is a very good report of the financial condition of the City. He is pleased with the work from Staff this year.

 

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

 

COMMUNITY DEVELOPMENT (Wayne Clark)

 

21. Second Reading – Ordinance No. 2014-6 – Ordinance Approving the 1st Amendment to the Riverwalk Marina & Riverboat Master Development Agreement and Conceptual Development Plan, Case no. 13-40000005

 

Mayor Green read Ordinance No. 2014-6.

 

ORDINANCE NO. 2014-6

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE FIRST AMENDMENT TO THE RIVERWALK MARINA AND RIVERBOAT MASTER DEVELOPMENT AGREEMENT AND CONCEPTUAL DEVELOPMENT PLAN LOCATED WITHIN THE PLANNED COMMUNITY – PORT ORANGE RIVERWALK (PC-R) DISTRICT; AND PROVIDING FOR CONFLICTING ORDINANCES, AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2014-6 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

22. Second 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.

 

Mayor Green said Bill Rafferty contacted him regarding a gating system. Mr. Raffety reminded Mayor Green of the issues involved when the City attempted to do that in the past. Mr. Kisela said Staff is looking into it and will review the previous information.

 

Jim Morris, Applicant’s Attorney, discussed the deletion of the requirement of sidewalks.

 

Motion carried unanimously by roll call vote.

 

Mr. Morris said the sidewalk issue can be handled through the site plan process with some direction from Council. Council agreed.

 

23. First Reading – Ordinance no. 2014-13 – LDC Text Amendment/Chapter 17, Section 30 of the Land Development Code (LDC) relating to Planned Community-Riverwalk (PC-R) regulations

 

Mayor Green read Ordinance No. 2014-13.

 

ORDINANCE NO. 2014-13

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING CHAPTER 17, SECTION 30 OF THE LAND DEVELOPMENT CODE OF THE CITY OF PORT ORANGE RELATING TO THE PLANNED COMMUNITY – PORT ORANGE RIVERWALK (PC-R) ZONING DISTRICT; AMENDING PERMITTED USES TO ALLOW PUBLIC PARKS IN ALL PROJECT TYPES; ESTABLISHING DEVELOPMENT STANDARDS FOR PUBLIC PARKS; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to adopt Ordinance No. 2014-13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

24. Resolution No. 14-12 – Approving the bidding procedures necessary to comply with federal requirements for federally funded projects

 

Mayor Green read Resolution No. 14-12.

 

RESOLUTION NO. 14-12

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING THE BIDDING PROCEDURES NECESSARY TO COMPLY WITH THE FEDERAL REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution no. 14-12 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Stiltner advised Council that local preferences will not be permitted for federally funded projects.  

 

Motion carried unanimously by roll call vote.

 

25. Resolution No. 14-13 – Locally Funded Agreement for the design, permitting and installation of irrigation conduit for the medians of State Road 5/US 1 from Fleming Avenue to the southern city limit

 

Mayor Green read Resolution No. 14-13.

 

RESOLUTION NO. 14-13

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; APPROVING A LOCALLY FUNDED AGREEMENT FM NUMBER 428688-1-52-01; FOR THE MILLING AND RESURFACING OF STATE ROAD 5/US 1 (RIDGEWOOD AVENUE); AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO THE AGREEMENT, RESPECTIVELY, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.

 

 

Motion to approve Resolution No. 14-13 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.

 

26. Site Improvements Agreement for the Wawa Site Plan, 1031 Dunlawton Avenue, Case no. 13-80000005

 

Ms. Roberts asked that the motion be subject to the payment of the property taxes due.

 

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

 

27. Historic Tree Removal Request – 111 Wimbledon Court

 

Motion to approve the historic tree removal request was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Mr. Kisela said the tree is touching the home.

 

Motion carried unanimously by voice vote.

 

FIRE DEPARTMENT (Joe Pozzo)

 

28. Second Amendment to Agreement with Volusia County Fire Services for fire service coverage in certain unincorporated areas

 

Item removed from agenda. Will be brought back on April 1, 2014 if it is ready.

 

 

CITY ATTORNEY (Margaret Roberts)

 

29. Four Lanes, LLC settlement of claim

 

Ms. Roberts discussed the details with the settlement agreement. The offer is $40,000. Staff’s estimate of the repairs is approximately $42,000.

 

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

 

30. Resolution No. 14-17 –Yorktowne Blvd. public right of way

 

Mayor Green read Resolution No. 14-17.

 

RESOLUTION NO. 14-17

 

A RESOLUTION OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; ACCEPTING AND APPROVING YORKTOWNE BOULEVARD BETWEEN DUNLAWTON AVENUE AND TAYLOR ROAD AS A PUBLIC RIGHT OF WAY; PROVIDING FOR CONFLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Resolution No. 14-17 as amended was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.

 

Ms. Roberts provided details of the changes. The legal description was added and Section 1 of the Resolution now references Exhibit A, as well the addition of the last sentence regarding areas of the right of way between the wall and the canal. The area will not be open to the public but will be available for County and City Staff for maintenance.

 

Vice Mayor Burnette expressed his concern with receiving documents the night of the meeting.

 

Councilman Ford asked if the signage on the road is up to State standards. Mark Watts, Cobb, Cole, P.A., advised that the signage has been accepted by City and County Staff. The signs on Taylor that were questioned by FDOT have been corrected and the County has signed off on those as well.

 

Mr. Quick expressed concerns with the signage on Yorktowne Blvd. headed north toward Dunlawton Avenue. Staff will look into it.

 

Vice Mayor Burnette asked about the speed limit on Yorktowne Blvd. Mr. Kisela said Staff will look into it.

 

Motion carried unanimously by roll call vote.

 

31. City Attorney Comments

 

Ms. Roberts asked Council to authorize the City Attorney and City Manager to approve an extension relating to Altamira if the documents do not arrive by the deadline of Friday, March 28, 2014. The documents outstanding are still in contention. The license agreements need approval still. She asked for authority to approve the license agreements.

 

Mayor Green asked for a report of the costs of an extension. Ms. Roberts would like to provide the report to include all costs since January 1, 2014.

 

Ms. Roberts said the license agreements have been with the developer since February 18, 2014.

 

Councilman Bastian asked if the walk lights are required as the front parcels are developed. Mr. Clark said yes.

 

Councilman Kennedy wants an extension to be very short and they need to pay for the costs.

Motion to authorize City Attorney and City Manager to approve an extension on the closing of the Altamira project was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

Ms. Roberts asked Council to consider updating the Resolution for fines and costs for City Ordinance violations (i.e.: animal without a leash, parking ticket, etc.) A recent situation with a repeat violation provided an opportunity to look at the fines. She suggested having the third offense be fined at the highest amount permitted by law, which is $500, rather than just doubled or tripled as the Resolution states now. Council agreed. Ms. Roberts will bring back a Resolution with the changes.

 

Item 31a – Code Enforcement Lien recovery – 532 Orange Avenue, Dennis O’Donnell

 

Ms. Roberts provided details of the item. The property owner is in bankruptcy. The payment plan provides for payments of $535 per month for 60 months for a total settlement amount of $30,000.

 

Mayor Green asked if the property owner will continue to own the property. Ms. Roberts said yes, but he is surrendering one other property in the bankruptcy.

 

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

 

Councilman Bastian asked if the property owner is currently in compliance with code violations. Wayne Clark, Community Development Director, said he’s not aware of any current violations but he would be subject to repeat violations in the future.

 

Councilman Kennedy asked what happens if the property owner doesn’t make the payments. Ms. Roberts said the lien will not be discharged. There is no guarantee of payment.

 

Motion carried unanimously by roll call vote.

 

 

 

CITY MANAGER (Greg Kisela)

 

32. Resolution No. 14-14 – Florida Inland Navigation District (FIND) Grant – Riverwalk Launch & Boardwalk North A Construction

 

Mayor Green read Resolution No. 14-14.

 

 

 

 

 

RESOLUTION NO. 14-14

 

RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT COOPERATIVE ASSISTANCE PROGRAM

 

Mr. Kisela said this grant is to fund the construction of the kayak and canoe launch to the north of the Riverside Pavilion. The City will match the grant.

 

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

 

Mayor Green would like to consider the old depot property. He has spoken to the owner of the property and suggested naming rights if a deal could be worked out.

 

Motion carried unanimously by roll call vote.

 

33. Resolution No. 14-15 – Florida Inland Navigation District (FIND) Grant – Riverwalk Boardwalk & Waterfront Park Design & Permitting between the Riverside Pavilion and Ocean Ave.

 

Mayor Green read Resolution No. 14-15.

 

RESOLUTION NO. 14-15

 

RESOLUTION FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT COOPERATIVE ASSISTANCE PROGRAM

 

Mr. Kisela provided details. This improvement includes the design elements.

 

Motion to approve Resolution No. 14-15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.  

 

34. City Manager Comments

 

Mr. Kisela reminded Council of upcoming meetings and events.

 

 

 

 

 

COUNCIL COMMITTEE REPORTS

 

35. City Council Committee Reports

a.   City Investment Committee – There was no meeting held.

b.   Transportation Planning Organization (TPO) – Meeting is on March 26, 2014.

c.   Library Advisory – Councilman Bastian reported that Port Orange continues to consistently run second in rentals and first in amount of reservations and loans. The outside vending machine is in first place again. Repairs are coming up this year. Mayor Green asked that their roof be looked at. The seam appears to need repairs but should be under warranty.

d.   Municipal Firefighters Pension Board – There was no meeting held

e.   Municipal Police Officers Retirement Trust – There was no meeting held

f.    General Employees General Retirement Trust – Councilman Bastian reported the value as of February 28, 2014 was at $28,517,774. The net of fees is at 7%. The plan continues to do well.

g.    YMCA – Councilman Bastian reported that the YMCA is working on their fundraising efforts. The pool is almost complete. Heaters will be replaced at the end of summer. 

h.    Volusia Council of Governments (VCOG) - Mayor Green did not attend Monday night because of the Joint Meeting with the Audit & Budget Board.

i.     Volusia League of Cities – Mayor Green said they are trying to merge VCOG and Volusia League of Cities.

j.     ArtHaus - Vice Mayor Burnette reported that the budget has been approved. The Fun and Funky Dinner is coming up.

k.   Port Orange/South Daytona Chamber of Commerce - Vice Mayor Burnette reminded of the ribbon cutting at the Chamber building for Kona Ice on March 26, 2014 at 9:30 p.m.

l.     Golf Course Board of Directors – The report was provided by KemperSports.

m.   Communications Interlocal Agency (CIA) – nothing to report.

 

Ms. Roberts reminded Council that the City is holding over $2,000,000 from Altamira for security for construction of the roads. The money will be turned over to them as soon as the paperwork is completed.

 

 

 

 

 

ADJOURNMENT: 9:16 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

 

                                                                       

Robin Fenwick, CMC

City Clerk