REGULAR CITY COUNCIL MEETING MINUTES
COUNCIL CHAMBERS – CITY HALL
1000 CITY CENTER CIRCLE
MAY 20, 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
SPECIAL AWARDS, REPORTS, RECOGNITION, AND PROCLAMATIONS
4. Atlantic High School Student Government Day Certificates
Participation certificates were provided to the students of Atlantic High School who participated in Student Government Day on April 25, 2014. Council thanked the students for their participation.
5. 2014 Youth Achievement Award
Bailey Berman, Chair, and Matthew Burnette, Historian, provided details of the award. Marisa Petersen, Atlantic High School student, is the 2014 Youth Achievement Award winner. Ms. Peterson was unable to attend.
Motion to amend the agenda to move item #18 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item # 18 - Greg Kisela, City Manager, provided details of the agreement being requested. He asked for approval of the agreement after issues with ECHO grant restrictions are handled. Marc Campbell, President of Port Orange Youth Football Association, introduced the coaches in attendance. Mr. Kisela asked for flexibility with the word “exclusive” in the agreement because of the County ECHO grant restrictions.
Motion to approve the agreement subject to approval by the County, City Attorney and City Manager was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.
BOARD APPOINTMENTS, INTERVIEWS, AND REPORTS
6. Youth Advisory Board Appointment – Kaitlin Alexander
Motion to appoint Kaitlin Alexander to the Youth Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Kaitlin Alexander introduced herself to Council.
Motion carried unanimously by roll call vote.
6a. Audit & Budget Advisory Board Appointment – Bruce Thornton
Motion to appoint Bruce Thornton to the Audit & Budget Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford.
Bruce Thornton introduced himself to Council and provided his background and qualifications.
Motion carried unanimously by roll call vote.
7. Youth Advisory Board Report
Bailey Berman, Chair, and Matthew Burnette, Historian, provided details of the Board’s activities for the year. Council thanked the Board for their service.
8. Citizen Advisory Committee for TPO
Bobby Ball provided details of the CAC for TPO.
CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)
Mike Gardner, citizen, expressed concerns regarding monies spent on Riverwalk. He hoped there would have been more discussion on how they got to their decision.
Ted Noftall, citizen, disagreed with the secret meetings with the City Manager. He asked for the information that was requested at the Budget Workshop. Mr. Kisela said the information can be provided within a week.
9. Comments/Concerns from Council Members
Councilman Ford asked for a three-way stop sign at Diane Street and Jackson Street. Mr. Kisela will look into it. Councilman Ford wants to continue discussing the meter replacement program and the revenues. He wants a clear vision of the meter replacement plan. He doesn’t want to increase rates any more than necessary. He doesn’t support a 40% increase. Jason Yarborough, Public Utilities Director, said National Metering will begin in a few weeks. There is an agenda item coming soon to purchase more meters.
Vice Mayor Burnette asked what the status is on the speed limit on Yorktowne Blvd. Wayne Clark, Community Development Director, explained the reasoning for the 25 mph speed limit. He suggested waiting until LA Fitness and the other businesses open. Councilman Ford cautioned Council with raising the speed limit because of the curve. Mr. Kisela said there may be some exposure if the speed limit is raised and an accident occurs. Vice Mayor Burnette asked that the discussion relating to electronic signs be placed on an agenda. Mr. Kisela said Staff will bring it back within 30 days.
Councilman Bastian said the canal is looking bad on Yorktowne Blvd. again. Mr. Kisela said Staff will make contact. Councilman Bastian received a complaint from a resident in Port Orange Plantation regarding the ant piles in the City right-of-way. Mr. Kisela said Staff is addressing it already.
Councilman Kennedy asked for follow up on the water going into the Halifax River. Mr. Kisela said the discharge stopped about three weeks ago. Councilman Kennedy is concerned with the upcoming fire season. He asked if there are any controlled burns planned. Mr. Kisela there was a controlled burn today and Staff is handling it.
Mayor Green said the Shade Meetings were within the Sunshine Law. He suggested digging ponds throughout the City to discharge into rather than sending water into the Halifax River. Mr. Kisela said there is a workshop scheduled on June 26, 2014 regarding discharge.
Candidates were asked to introduce themselves.
Newton White, District 4 candidate; Sonya Laney, District 1 candidate; Scott Stiltner, District 4 candidate; John Junco, District 4 candidate, Don Burnette, District 2 candidate; and Bob Ford, District 1 candidate introduced themselves.
10. Approval of Minutes
a. May 6, 2014 – Special City Council Meeting
b. May 6, 2014 – Regular City Council Meeting
11. Staff Reports - Building Activity Report and Monthly Development Activity Report for April, 2014
12. Contract Addendum No. 4 to Agreement with Diversified Drilling Corporation
13. Piggyback Agreement and Task Authorization No. 1 with Ervin Services, Inc.
14. Case No. 14-97500003/Proposed License Agreement – 1238 Harbor Point Dr.
15. Case No. 14-97500004/Proposed License Agreement- Lot 52, Central Park Phase II; 5946 Park Ridge Drive
16. Increase in FY 2014 allocation for contract with Sparks Concrete, LLC
17. Contracts with Gentry Oil, LLC, Glover Oil Company and Mansfield Oil Company for bulk fuel purchases
18. Port Orange Youth Football Association, Inc., Agreement
Mike Gardner, citizen, requested that items #11 and #13 be pulled. Councilman Kennedy asked that items #13 and #14 be pulled for discussion.
Motion to approve Consent Agenda items #10, 12, 15 -17 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
Item #11 - Mr. Gardner asked why the Atlantic Marine PCD item dropped off of the list. Wayne Clark, Community Development Director, said the PCD item is complete. When the site plan comes through for approval, it will be added back as a site plan review and approval.
Motion to approve Consent Agenda Item #11 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.
Item #13 - Mr. Gardner expressed concern about the Ervin Services being in Jacksonville. He said there is a Volusia County company that can do the work for only $309 more than Ervin Services. He would like to see the money stay in Volusia County.
Motion to approve Consent Agenda Item #13 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried 4-1 by voice vote, with Councilman Bastian voting no.
Item #14 – Councilman Kennedy wants a policy relating to the brick pavers to set a standard. Mayor Green disagreed. He wants the License Agreements to come before Council. Mr. Kisela advised the License Agreement has to be approved by Council. The standards are already set. Ms. Roberts advised a resolution can be adopted with the criteria.
Motion to approve Consent Agenda Item #14 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.
COMMUNITY DEVELOPMENT (Wayne Clark)
19. Final Plat & Plans and Subdivision Variance, Subdivision Improvement Agreement (SIA), and Amendment to an existing Concurrency Fair-Share Agreement/Port Orange Plantation Phase IV-Village C, Case No. 13-50000003
Motion to approve as presented was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.
Tim Burman, Planner, provided details of the request. Staff has reviewed the request and it meets all requirements.
Ms. Roberts asked that the approval be subject to City Manager and City Attorney review the final revisions requested by Port Orange Plantation.
Councilman Ford would prefer to table the item until it is complete.
Ms. Roberts said she has reviewed and approved the changes but Mr. Kisela hasn’t.
Council Members agreed to table the item.
Motion to continue item to June 3, 2014 was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.
20. Urban Chickens – Update
Mr. Kisela provided details of the urban chicken results from other communities. Staff is requesting direction from Council.
Councilman Kennedy wants to see some control if Council decides to approve this program.
Councilman Bastian has been contacted by three residents and would like to see it approved as a pilot program.
Vice Mayor Burnette disagreed. He believes it has been tried in other communities and failed. The feedback he has received was negative.
Councilman Ford suggested putting this issue on hold and see what Orlando decides to do with their program.
Mayor Green is concerned about the raccoons in the community.
Motion to move forward with a program similar to the City of Orlando’s program was made by Councilman Bastian, and Seconded by Councilman Kennedy.
Mark Schaefer, citizen, asked if Staff has looked into the City of Ormond Beach. Penny Cruz, Planner, said Staff contacted Ormond Beach and they do not have an urban chicken program. They allow them in agricultural zonings, just as Port Orange does.
Mr. Noftall supports the motion and agreed to implement a program.
Motion failed 1-4 by roll call vote with Councilman Bastian voting yes.
CITY ATTORNEY (Margaret Roberts)
21. City Attorney Comments
There was nothing further from the City Attorney.
ADMINISTRATION (Greg Kisela)
22. City Manager Comments
There were no further comments from Mr. Kisela.
Vice Mayor Burnette asked if there is a Memorial Day event. Mr. Kisela said yes, at 10:00 a.m. He reminded all that Representative Hood will be having a Town Hall Meeting in Council Chambers on Wednesday, May 21, 2014.
ADJOURNMENT: 7:57 p.m.
Mayor Allen Green
Robin Fenwick, CMC