APRIL 1, 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


Mayor Green asked Mark Van Deventer to introduce himself and discuss the Homecoming of the Vietnam Veterans event and parade. Mr. Van Deventer thanked Council for their support and provided details of the parade and event. Mayor Green thanked him for the event.


City Council recessed at 6:34 p.m. to hold an Eastport CRA and Town Center CRA Meeting, minutes of which are under separate cover.


City Council reconvened at 6:42 p.m.




4.    Arbor Day Proclamation


Mayor Green read a proclamation for Arbor Day.


Steve Edgar, City Forester, encouraged Council to take care of the trees on City Center complex. 


5.    Bailey Berman – President’s Volunteer Service Award


Council recognized Bailey Berman for her service to the community and presented her with a Certificate of Recognition for her achievement. Bailey Berman provided details of the more than 1000 volunteer hours she performed.




6.    Comments/Concerns from Council Members


Councilman Ford complimented Shannon Lewis, Assistant City Manager, for the tree plantings along Harbor Oaks. He has received several compliments. He asked Council to recognize Staff members and/or groups when they do a good job. He wants to recognize and thank the employees involved with the Citizen Connection system for their efforts.


He also asked Council to consider a motion to request the City Attorney to assist the Parks & Recreation Advisory Board to establish the Foundation and handle the paperwork –


Motion to direct the City Attorney to assist the Parks & Recreation Advisory Board to establish the Foundation was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.


Councilman Ford asked Council for a study by City Manager and Finance Department in regards to upgrading and/or replacing the finance software for the 2016 budget to include training and hardware upgrades. Concensus of council agreed.


Vice Mayor Burnette found the joint meeting with the Parks & Recreation Board productive and suggested meeting once a year. He thanked the Board for being prepared.


Councilman Bastian thanked Public Works for the maintenance on the old Police Department building and the entry sign to City Center.


Councilman Kennedy was happy to see that Clyde Morris was mowed. He thanked Staff for their efforts. Mr. Kisela said the work was done by the County but City Staff will be supplementing. Councilman Kennedy would like to discuss the Parks Board evaluating the parks lands owned by the City. He would also like the City to determine what other lands are needed or not needed to get some back on the tax rolls. Vice Mayor Burnette said discussion was held at the joint meeting with the Parks Board relating to the adoption of a policy that monies will go back to parks and recreation if parks are sold. 


Mayor Green thanked Staff for the Volusia League of Cities dinner. He has talked to the owner relating to the old depot. The problem with the property is separating the land from the building. He asked about code violations at the old wine shop. Mr. Kisela will have Staff look into it.




7.    Environmental Advisory Board Re-appointment – Jim Meadows


Motion was made by Vice Mayor Burnette to re-appoint Jim Meadows to the Environmental Advisory Board, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.


8.    Parks & Recreation Advisory Board Update


Jack Wiles, Chairman, was unable to attend. He will provide the report on April 15, 2014.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


John Gregorc, resident, is having trouble following the City Codes and providing insurance to lay brick pavers. The companies will not co-insurance with the City. He’s asking for a waiver of the insurance requirements. Mayor Green has discussed this with Mr. Gregorc. Mr. Gregorc suggested an indemnity clause. He agreed to sign it and agreed to put the requirement in a deed. Margaret Roberts, City Attorney, said there is no code requirement. It is the policy of Council.


Councilman Kennedy said the obligation is to protect the City but he would be in support of finding a mechanism to help Mr. Gregorc.


Councilman Bastian asked why he is unable to find a policy as he has seen others in the City. Ms. Roberts advised that insurance companies have decided to not issue these policies any longer and most of those are commercial properties or no sidewalk connecting the driveway and no insurance was required. Councilman Bastian would like to compromise with the homeowner.


Vice Mayor Burnette asked if it is filling in any additional right of way other than the driveway. Mr. Gregorc said that is correct.


Councilman Ford is in favor of the indemnification clause.


Ted Noftall, citizen, asked to have a joint meeting with both CRA’s and Council to discuss allocation of the TIFF revenues. Mayor Green asked the City Manager to schedule the meeting. Mr. Noftall asked that a discussion be held regarding new CRA’s in the City. He asked that one Council Member step down from the Town Center CRA and add Jack Wiles as a property owner now that he owns property in the Town Center CRA area. Ms. Roberts will review the governing documents to determine if there is a restriction. Mr. Noftall asked if a report will be issued regarding the water main break. Mr. Kisela said there will be a report in 30-60 days. Mr. Noftall asked what the policy is for drug testing after accidents. Mr. Kisela advised that the employee was not drug tested in the first incident but has been for the most recent one.


Jim Meadows, citizen and Council candidate, requested permission to use his previously issued City Blazer, which has the City Logo.


Councilman Kennedy asked if he is trying to use it on his campaign. Mr. Meadows said yes, while he is door knocking and campaigning.


Councilman Bastian doesn’t see an issue with him wearing the blazer. It belongs to him.


Vice Mayor Burnette is undecided. He wants a level playing field for all candidates but believes the permission was given when the blazer was presented to Mr. Meadows for his service.


Councilman Ford believes it’s a conflict for him to decide but if Mr. Meadows can wear it and use the City Logo, he believes all other candidates should also be able to.


Mayor Green said he’s not sure how to allow it without giving a perception of support.


Corey Berman, citizen, will also have shirts made if one candidate is allowed to use it, all should be allowed.


Newton White, citizen, agreed with Mr. Berman that all candidates should be allowed to use it but he doesn’t believe it’s a good idea to allow it.


Scott Stiltner, citizen, agreed as well. He believes as community investors, all candidates should be allowed to use it within specific guidelines as Council would set.


Mr. Meadows said he was awarded the blazer for his service.


Motion to allow all candidates to use the City logo upon qualification was made by Councilman Ford, and Seconded by Councilman Bastian.


Vice Mayor Burnette believes the current candidates will use the logo appropriately but is a bit nervous about others who may join the races before June, 2014.


Councilman Kennedy reminded all that incumbent candidates are allowed to use the term “re-elect” while others who have served in the past cannot.


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


John Cheney, citizen, asked if any information was determined regarding the requirement for a competency card for repairs to irrigation systems on City properties. Mr. Kisela said the Building Official and the Parks & Recreation Staff have both been told that as long as repairs are being done and not installation of new systems. Mr. Cheney said he has called and talked to the County Staff and he is being told that a competency card is needed by the City just like the contractors. Mr. Cheney doesn’t believe the landscape maintenance is being done to the documents. Mayor Green said it will be done by the documents.


Mr. Berman expressed his concerns with the Customer Service Department. He said it is very inconsistent. 


Mayor Green asked the students from Atlantic High School Law and Government Academy to introduce themselves.




9.    Approval of Minutes

a.    March 4, 2014 – Regular City Council Meeting

b.    March 18, 2014 – Regular City Council Meeting

10. Construction Activity Report

11. Approve Dredging & Marine Consultants (DMC) Task Authorization No. 3: Engineering Design, Environmental, Permitting, Landscape and Architectural Services for the North Phase of Riverwalk Park, in an amount not to exceed $210,000


Vice Mayor Burnette asked that Item #10 be pulled for further discussion. Councilman Ford asked that Item #11 be pulled.


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



Item #10 – Vice Mayor Burnette asked when the Spruce Creek ball field will be complete. Susan Lovallo, Parks & Recreation Director, said the completion date is April 16, 2014 and then grow in will occur after that.


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 – Councilman Ford is concerned with design fees. He encouraged Council to consider a policy to control design fees. The average design fees in his research have been 6-8%. He understands some things are more difficult to design than others. He is in favor of this project moving forward but he wants to look into the design fees. Mayor Green agreed and pointed out the different elements that are going into this project. Vice Mayor Burnette suggested an explanation in the agenda item materials as to why the design fees are high. Councilman Bastian suggested 8% and anything over needs more information and evidence of why. Councilman Kennedy agreed with Mayor Green about the elements and would support more information. Mr. Kisela said Staff can provide that information in the future.


Motion to approve Consent Agenda Item #11 was made by Councilman Ford, and Seconded by Councilman Kennedy.


Mr. Noftall asked why a canoe and kayak launch is included in the design when there is already one there. Mayor Green believes it is an intrical part of the park plan.  Mr. Noftall asked when the No Trespassing signs will be removed from the park area at the end of Spruce Creek Road. Mayor Green advised of some of the issues behind that area.


Motion carried unanimously by voice vote.


FINANCE (Wayne Saunders)


12. Resolution No. 14-18 – Budget appropriation – DMC Task Authorization No. 3


Mayor Green read Resolution No. 14-18.






Motion to approve Resolution No. 14-18 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.


Vice Mayor Burnette asked for a summary on the impact of the funds when are transferred out. Mr. Kisela said yes.


Motion carried unanimously by roll call vote.


13. Resolution No. 14-19 – Budget Appropriation – YMCA Lease Amendment – Phase 2 Renovations


Mayor Green read Resolution No. 14-19.






Motion to approve Resolution No. 14-19 was made by Vice Mayor Burnette and Seconded by Councilman Kennedy.


Councilman Ford asked that any leftover money be used on the women’s bathroom.


Motion carried unanimously by roll call vote.


PUBLIC UTILITIES (Jason Yarborough)


14. Sales of Port Orange Wetland Mitigation Bank Credits


Linda Johnson, Right of Way Agent, provided details of the mitigation bank credits and the SJRWMD’s invitation to bid and past practice. Staff was required to submit sealed competitive bids with an anti-collusion clause. The Sunshine Law makes for a difficult sealed bid because Council must discuss in an open meeting. She suggested Council discuss the need for the mitigation credits to fluxuate. She asked that authority be given to Staff to work with the market to accomplish the goals.


Mayor Green is not willing to discount the credits too much.


Councilman Kennedy agreed with Mayor Green in that the bank was to service the City’s needs more so than external needs.


Mayor Green asked what an appropriate number would be. Ms. Johnson suggested a percentage for Staff to work within and authorize the City Manager to choice the number on a best practices basis.


Mr. Kisela said the other banks are much more competitive even with the government discount.  He said more information can be provided on April 15, 2014. Staff wanted to find out if Council wanted to entertain this option. Council agreed to look at more information. They do not want to give anything away.   


No public comments.  


CITY ATTORNEY (Margaret Roberts)


15. City Attorney Comments


Ms. Roberts asked Council for authorization to proceed with the Subdivision Improvement Agreement for Riverbank. Council’s consensus was to approve. Ms. Roberts said Altamira has not closed but is close. Her research on the signage for sex offenders yielded a recommendation that Council not proceed with placing signs in the yards of sex offenders.




16. Volusia Flagler Family YMCA – Port Orange Facility Renovations


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


Motion to approve as presented was made by Councilman Ford, and Seconded by Councilman Kennedy.


Councilman Bastian asked about the ownership of the equipment. Councilman Ford advised that the City is paying for it. Councilman Bastian asked if other cities are purchasing the equipment for their YMCA’s.


Teresa Rogers, Volusia/Flagler YMCA, answered no, but one of the Council Members suggested some of the monies be used for new equipment. The cardio equipment is not included. She advised that the pool is re-opened and was a great project. They are scheduling a grand opening in June, 2014.


Mr. White asked if the City owning the exercise equipment exposes the City to liability issues. Ms. Roberts said there is an insurance policy covering the City.


Mark Schaefer, citizen, is glad repairs and renovations are being done. He believes the equipment should not be owned by the City but should rather be used for more repairs and renovations. Councilman Ford advised that the new equipment is needed so that additional space is not needed at this time.


Mr. Noftall asked for the 2012-2013 annual audit report. Ms. Rogers said the report will be provided to the City when approved in May.


Motion carried unanimously by roll call vote.


17. City Manager Comments


Sunshine Law training April 7, 2014 from 4-8 p.m.


ADJOURNMENT: 8:02 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, CMC

City Clerk