SPECIAL CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

OCTOBER 8, 2013

 

THE SPECIAL CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:30 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 advised that Al Bulling of The Last Resort has requested further discussion regarding his request relating to Biketoberfest.

 

Motion was made by Vice Mayor Burnette to add Al Bulling/The Last Resort to the agenda, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.

 

DISCUSSION ITEMS

 

4.    Banners on school fences

 

 Wayne Clark, Community Development Director, provided details of the City’s Code. Off-site signs are not permitted in the City. The historical interpretation was that the State Law preempts the City’s Code but would request the schools to cooperate with the City’s codes.

 

Councilman Kennedy asked what the negative impact is to the advertiser for the banners to be facing inward vs. outward. Mr. Clark said it’s a judgment call on how much moving them to face inward would have.

 

Vice Mayor Burnette is sympathetic to the schools and wants to reach a compromise. He asked the City Attorney how the Statute reads. Margaret Roberts, City Attorney, advised the statute she read allows for a cooperative effort. Vice Mayor Burnette is in favor of allowing the signs and wants some regulation as to appearance standards. Mr. Clark advised of the statute historically used for interpretation.

 

Councilman Ford is not in favor of changing the Land Development Code. He believes there is a way out in that the State statutes supersede City Codes for the schools and he’d like to work with the schools so that the signs are attractive, maintained, and controlled as far as numbers.

 

Mayor Green believes there will be challenges. He is against the signs on the fences.

 

Councilman Bastian asked if there have been any challenges. Mr. Kisela said no. Councilman Bastian asked how long the sign program has been going on.

 

Motion was made by Councilman Ford for an interpretation of the Code by this Council, and Seconded by Vice Mayor Burnette.

 

Councilman Bastian doesn’t believe the Council can trump the State. Councilman Ford wants the interpretation to be that the school board has the authority to have banners on their property and work with school board to keep the banners properly maintained. He doesn’t want the Land Development Code changed.

 

Councilman Kennedy also doesn’t agree with changing the Land Development Code. He doesn’t see that the Council can require the signs be taken down.

 

Mayor Green agreed that an interpretation needs to be determined.

 

Councilman Bastian is in agreement with status quo. He would like to agree on a standard size and layout. He wants them to be maintained as well.

 

Ms. Roberts has briefly reviewed the Statute mentioned by Mr. Clark. She requested Council action be subject to further review of the sign.

 

Councilman Bastian doesn’t believe the information from Penny Cruz regarding the school board requiring the signs be turned inward is not in fact in the policy provided by the school board.

 

Mr. Clark addressed the email from Penny Cruz to Council regarding the signs being turned inward. The School Board representative verbally told Ms. Cruz that they request that the schools follow the codes of the community they are in.

 

Corey Berman, citizen, believes the banners should be placed inward for the parents of the schools. He believes it is causing road hazards.

 

Maria Trent, citizen, has never had a car stop in front of her causing a hazard. She is concerned with the fundraising efforts being thwarted. The parents’ support is not enough at some of the schools.

 

Rachel Truxall, citizen, provided details of the funding issues at Port Orange Elementary School. She discussed the positive effects of the after school programs funded through the banner program. Ending the program would make a financial hardship. She would request a uniform standard.

 

Jack Kopnicky, citizen, wants to work together with the City. He showed current banners at several schools.

 

Scott Stiltner, citizen, believes Council should be discussing how to help the schools. This money helps the children, not the school or County. He believes the programs will lose out if they are required to move inward. Within the school zones, the banners are seen by the public. He agreed with regulations and maintenance.

 

Greg Martin, citizen, agreed with most comments. He believes it’s about compromising. He agreed with keeping the high standards of the City and working with the schools to be more uniform.

 

Keith Costner, Spruce Creek High School teacher and soccer coach, advised that the school has had their signs for about 10 years. It takes money to provide for the students.

 

Shalish Patel, citizen, believes there is an opportunity to make the signs uniform and keep the standards high in the City.

 

John Cunningham, citizen, agreed with uniformity and challenges Council to donate a sign to each of the schools in Port Orange.

 

Mayor Green doesn’t believe there should be a requirement for the schools to remove the signs. Consensus of Council was agreement with Mayor Green.

 

Council consensus is status quo until uniformity is reached.

 

Motion carried unanimously by roll call vote.    

 

Al Bulling, Last Resort Bar, addressed Council requesting a special event permit that extends from Monday, October 14, 2013 through Sunday, October 20, 2013. He explained that the City provides 40 days per year for special events. He has been granted this permit for 15 years.

 

Mayor Green asked if the Code allows these days if it were not “Biketoberfest”. Mr. Kisela said yes.

 

Councilman Kennedy provided historical data that The Last Resort Bar has been allowed seven days for Biketoberfest and ten days for Bike Week.

 

Councilman Ford agreed with the request.

 

Vice Mayor Burnette does not agree with seven days or waiving the fees.

 

Councilmen Bastian and Kennedy both agreed with the request.

 

Motion was made by Councilman Ford to grant two (2) special event days prior to Biketoberfest, and Seconded by Councilman Kennedy.

 

Mr. Kisela asked Mr. Clark if another permit fee would be necessary. Mr. Clark said yes. He doesn’t have the authority.

 

Motion to amend the motion to include waiver of the special event permit fees and surety bond was made by Councilman Ford, and Seconded by Councilman Kennedy.

 

Vice Mayor Burnette does not agree with waiving the surety bond.

 

Corey Berman, citizen, believes Council needs to help Ridgewood businesses. He wants Council to grant the request of two additional days.   

 

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

 

ADJOURNMENT: 8:22 p.m.

 

                                                                                                                                               

                                                                                    Mayor Allen Green

Attest:

 

                                                                       

Robin Fenwick, CMC, City Clerk