REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
APRIL 15, 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: Gregory A. Kisela, City Manager
Margaret T. Roberts, City Attorney
Robin Fenwick, City Clerk
Mayor Green asked the Atlantic High School Students to introduce themselves.
4. Comments/Concerns from Council Members
Councilman Ford advised that although the amounts spent over the past few years may not have been as much as some believe was needed, there have been substantial amounts spent on infrastructure in the City. He doesn’t support a large increase in the water rates but he does support a modest rate increase. He would like to discuss the rate increase later in the year because other items need attention (i.e.: garbage rates, tax rates, etc.)
Vice Mayor Burnette reminded the public that a rate increase has not been determined yet. He doesn’t want to shock the residents. Vice Mayor Burnette met with professors from Bethune Cookman University regarding a business incubator in Port Orange. He invited Dr. Long and Dr. Halkides to provide details to Council.
Councilman Bastian agreed with Councilman Ford and Vice Mayor Burnette regarding the water rate issues. He thanked those who participated in the dedication of the fire station to Craig Morrisey.
Councilman Kennedy looks forward to the consultants providing more information relating to the water rates. He asked if there is anything that can be done about the sand flies at the All Children’s Park. Susan Lovallo, Parks & Recreation Director, advised Staff works with the County to spray. She will look into other options. Councilman Kennedy asked about the walkway behind the fields. It is covered with mold and mildew. Ms. Lovallo said it’s on the maintenance schedule to be pressure washed and sealed. Councilman Kennedy has received complaints about the mailboxes on Isabelle because of the new sidewalks. Mr. Kisela will have Staff look into it.
Mayor Green said the rate study was just that: a study. No decisions have been made. The system needs to be stable.
SPECIAL AWARDS, REPORTS, RECOGNITION, AND PROCLAMATIONS
5. Police Department Recognition Awards
Jerry Monahan, Police Chief, and Wayne Miller, Assistant Police Chief, presented six Awards of Merit and one Award of Achievement.
BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
6. Parks & Recreation Advisory Board Appointment – Patricia Barraco
Motion to appoint Patricia Barraco to the Parks & Recreation Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Patricia Barraco introduced herself to Council and provided details of her background. She is going to help start a youth camera club. She asked for more events in District 1.
Motion carried unanimously by roll call vote.
7. Citizen Advisory Committee for TPO
Bobby Ball provided an update of the Citizen Advisory Committee for the TPO.
8. Parks & Recreation Advisory Board Report
Jack Wiles, Chairman, provided details of the most recent meetings. The Board discussed the priorities to be discussed with Council at the joint meeting. A recommendation was made to allow beer and wine at events at City Center Complex.
Councilman Ford encouraged the Board to look at events, trails, and parks on the east side of the City.
Vice Mayor Burnette wants to meet with the Parks and Recreation Advisory Board annually to provide direction.
Councilman Bastian agreed with meeting annually.
Councilman Kennedy thought the joint meeting was a success.
Mr. Kisela advised that Phase II of Coraci will be reviewed by ECHO/County Council on Thursday, April 17, 2014.
CITIZEN PARTICIPATION (Agenda)
9. Technology & Robotics Education, Creekside Middle School’s Team Green Grand Champion for the State of Florida
Juan Halleran, Co-Captain, introduced members of Team Green from Creekside Middle School: Tarleen Sodhi (Co-Captain); Daniel Koscisko; Justin Midkiff; Diego Vargas; and Austin Justice. Mr. Midkiff and Mr. Vargas, 8th grade students, provided details of the Smart Phone application they created. The name of the app is (“TOLR”) Text of Least Resistance. The robot “Cole” was discussed by Mr. Halleran. Team Green has won the Grand Champion for the State of Florida and will be going to the International Tournament in Toronto soon. Becky Ling, Teacher and Coach, asked that any donations for the tournament trip be sent to Creekside Middle School.
10. Thomas Radulewicz – 107 Barefoot Trail – Lien reduction request
Jim Morris, Attorney for Thomas Radulewicz, provided background of the issues and requested Council consider reducing the lien amounts due on 107 Barefoot Trail. He asked Council for approval to work with City Staff for actual costs incurred by the City so the City is paid in full for those actual costs and the homeowner is not penalized.
Councilman Kennedy has no problem allowing Staff to work with Mr. Morris and Mr. Radulewicz so that the City is made whole and the property is back on the tax rolls and livable.
Councilman Bastian asked if the property is an investment property. Mr. Morris said no, it’s for Mr. Radulewica and his daughter. He travels back and forth from up north. Councilman Bastian agreed with Staff working with him for costs.
Vice Mayor Burnette agreed with the request. He would like to craft a policy that when the property has changed hands the City collects only actual costs plus 10% administrative fee.
Councilman Ford agreed with the request as well. He doesn’t agree with a policy that would not require Council approval. He asked Community Development to provide a number of the abandoned properties.
Mayor Green wants to be sure the actual costs include true cost recovery amounts. Mr. Kisela said Staff can compute the costs and work with the homeowner.
Mayor Green asked the current candidates present to introduce themselves.
Bob Ford, Don Burnette, John Junco, Newton White, Jim Meadows, and Scott Stiltner introduced themselves.
Mayor Green encouraged citizens to get to know the candidates.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Ted Noftall, citizen, addressed Council regarding the auditor’s management letter dated June 14, 2013. He doesn’t believe the FY2012 management letter was provided to the Audit & Budget Advisory Board.
11. Approval of Minutes
a. March 24, 2014 – Joint Special Meeting with Audit & Budget Board
b. March 25, 2014 – Regular City Council Meeting
c. March 31, 2014 – Joint Special Meeting with Parks & Recreation Board
d. April 1, 2014 – Special City Council Workshop – Rate Study
e. April 1, 2014 – Regular City Council Meeting
12. Staff Reports - Building Activity Report and Monthly Development Activity Report for March, 2014
13. Bike Week Report
14. Second Amendment to the Contract for Professional Engineering Services for Site Development with Kimley-Horn and Associates, Inc. for the design modification of the Town West Blvd. and Williamson Blvd. traffic signal
15. Amended and Renewed Standard Contract for Services with Applied Aquatic Management, Inc.
16. Approval of Change Order #1 for YMCA Pool Deck Renovations Project with Artesian Pools, Inc, Daytona Beach, FL
17. Police K9 Retirement/Transfer
Mayor Green asked the public if anyone wanted to pull any items on the Consent Agenda. There were no public comments.
Councilman Ford asked that item #15 be pulled for further discussion.
Motion to approve Consent Agenda Items #11-14, 16 and 17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #15 – Councilman Ford asked if there has been a policy change to have the aquatic monies for the lakes at Cypress Head taken out of the drainage fund. Mary Anderson, Public Works Director, said it was her understanding that Council requested that last year when the contract was done. Councilman Ford is not opposed to it. Mr. Kisela believes the change was made in FY2012 not last year.
Motion to approve Consent Agenda Item #15 was made by Councilman Ford, and Seconded by Councilman Bastian.
Mr. Noftall asked when the other items on the Consent Agenda were considered by Council.
Margaret Roberts, City Attorney, advised Council there is no law for them to discuss the Consent Agenda items prior to approval. The law allows for public comments on all items.
Motion carried unanimously by voice vote.
FINANCE (Wayne Saunders)
18. Resolution No. 14-20 – Budget Appropriation – YMCA pool renovations
Mayor Green read Resolution No. 14-20.
RESOLUTION NO. 14-20
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 approve Resolution No. 14-20 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
19. Second Reading – Ordinance No. 2014-10 – Rezoning/Administrative Rezoning from NP and CI to CI, 619 Lemon Street, Case no. 14-60000001
Mayor Green read Ordinance No. 2014-10
ORDINANCE NO. 2014-10
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, REZONING PROPERTY CONSISTING OF APPROXIMATELY 1.19 ACRES LOCATED AT 619 LEMON STREET FROM “NP” (NEIGHBORHOOD PRESERVATION) AND “CI” (COMMERCIAL INDUSTRIAL) TO A SINGLE ZONING DISTRICT OF “CI” (COMMERCIAL INDUSTRIAL); AUTHORIZING REVISION OF THE OFFICIAL ZONING ATLAS; AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
PUBLIC UTILITIES (Jason Yarborough)
20. Second Reading – Ordinance No. 2014-11 – Amending Reclaimed Water System Protocol
Mayor Green read Ordinance No. 2014-11.
ORDINANCE NO. 2014-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA; AMENDING THE CODE OF ORDINANCES, SECTION 74-202(c) RELATING TO RECLAIMED WATER SYSTEM PROTOCOL, AVAILABILITY STANDARDS; PROVIDING FOR INCENTIVES FOR INCREASED CONSUMPTION TO BE AUTHORIZED BY THE CITY MANAGER; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY AND AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-11 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Motion carried unanimously by roll call vote.
CITY ATTORNEY (Margaret Roberts)
21. Second Reading – Ordinance No. 2014-12 – Electronic Information System utilized by City Board Members
Mayor Green read Ordinance No. 2014-12.
ORDINANCE NO. 2014-12
AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA, FLORIDA; ESTABLISHING STANDARDS FOR THE ELECTRONIC INFORMATION SYSTEM UTILIZED BY CITY BOARD MEMBERS; PROVIDING FOR THE PURPOSE, GENERAL MATTERS, APPLICABILITY; PROHIBITED ACTIVITIES, SECURITY ISSUES, PUBLIC RECORDS MANAGEMENT AND PENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Motion to approve Ordinance No. 2014-12 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Mr. Noftall asked which option is being considered. Mayor Green said the Ordinance as passed on first reading. Mr. Noftall suggested using the words “encouraged to” rather than “shall” use the City email and have the ability to copy the City Clerk if they do not use the City email address. He would suggest deleting paragraph 4.
Councilman Ford would like to use the word “encourage”. He believes the option to copy the City Clerk is better as most members will forget to use the City account. He is okay with either option.
Mayor Green would like to implement it as is and see how it works. It can always be amended.
Vice Mayor Burnette pointed out the option to copy the City Clerk.
Councilman Bastian agreed with copying the City Clerk but believes the best option is to use the City email account.
Councilman Kennedy reminded all the personal computers will become open for inspection if a request is received. He expressed concern with the burden on the City Clerk if several members use that option.
Mayor Green doesn’t want to make it harder to serve.
Mr. Noftall asked if the Council members are included in the ordinance. Ms. Roberts advised that the direction of the City Council was to prepare the ordinance directed to the board members.
Motion carried 4-1 by roll call vote, with Councilman Ford voting no.
Mayor Green would like an ordinance that encompasses the Council even though they already use their City provided email address accounts.
22. Usage of the City Logo by Candidates
Mayor Green asked if Council would like to reconsider the vote regarding usage of the City Logo by candidates.
Motion to reconsider the Motion to allow candidates to use the City Logo was made by Councilman Ford, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
Vice Mayor Burnette wants to do what’s fair but didn’t feel good about allowing the use of the City Logo by candidates.
Councilman Ford wants to leave the current ordinance in place.
Mayor Green asked for public comments. There were none.
Vote regarding the reconsidered Motion to allow all candidates to use the City Logo: Motion failed unanimously by roll call vote.
23. City Attorney Comments
Ms. Roberts said the Altamira project is complete except for the second pond. Funds are being held for that pond until the repairs are completed.
ADMINISTRATION (Greg Kisela)
24. City Manager Comments
Mr. Kisela asked if Council had any comments on the sign at Eastport. Mayor Green believes it should be moved back a little. Councilman Bastian would like it tilted to the east.
ADJOURNMENT: 8:11 p.m.
Mayor Allen Green
Robin Fenwick, CMC