FEBRUARY 4, 2014


THE SPECIAL CITY COUNCIL WORKSHOP of the City of Port Orange was called to order by Mayor Allen Green at 5:30 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

                                                                        Shannon M. Lewis, Assistant City Manager




4.    Property Owners’ Bill of Rights


Mayor Green said they need to find what Council believes is the best way to be properly informed and know the rules. When do you implement the program to inform the neighborhood?


Greg Kisela, City Manager, said Staff wants to understand what Council expects and can speak relating to formal requests vs. informal inquiries. 


Mayor Green expressed concern when the property is in the possession of a renter.


Councilman Kennedy spoke regarding notice and intent, some are noticed and some are not. The question is who do you notice besides neighboring property owners?


Councilman Bastian asked how Staff is currently noticing people. Wayne Clark, Community Development Director, explained the process for notifying neighbors. Not all items require notification to the adjacent property owners.  Notification could occur when someone applies or makes a formal request.


Vice Mayor Burnette believes there are two keys. One is balance between commercial and residential and the other is consistency. He believes there has been a lack of consistency in the communication efforts.


Councilman Ford doesn’t believe the City Codes have systematic notification for rezonings.

Tim Burman, Planner, said Staff follows Florida Statutes and advertises in the News-Journal.


Councilman Ford is concerned about how the City notifies people in the area when prominent rezonings are occurring. He doesn’t believe most people read notifications in the newspaper. He wants to see more communication relating to rezonings, change of land use, and planned unit development. He wants to establish rules to notify people whose property is adjoined or who would be significantly impacted. He wants to make sure the development process is laid out clearly for all parties.  He’d like to see guidelines on the City’s website. He believes involvement of the adjoining people in the negotiations early on is important so they can provide input. Clear written legal procedures are needed. Right now the system is confusing and procedures need readjustments. The notifications need to start when the formal applications are made. Councilman Ford spoke with Community Development recently and they provided good suggestions and ideas from other communities.


Mayor Green asked when the notification should occur. He believes the documents and methodologies are in place. Councilman Ford wants more clarity and would like to see the rules. He doesn’t believe there are clear rules. He’d like to see a flow chart. Mayor Green agreed with the need for a flow chart.


Councilman Kennedy said what they want to do is get information out into the right hands-the affected property owners. He agreed with Councilman Ford that a clearly defined set of rules on how the process starts is needed.  


Councilman Bastian said they need to come up with something to get the word out. 


Mr. Kisela said they can map out flow charts. Once a complete formal application is received there would be a notice requirement to affected property owners. City can enhance the notice process. Councilman Ford wants identification as to what point the project becomes serious. Mr. Kisela said it is at the formal application process. Vice Mayor Burnette said it goes back to consistency.


Councilman Kennedy said he is interested in the Community Development tools that are out there such as software packages. Mr. Clark said they can put together a map where they believe changes are likely to occur, including vacant parcels.


Mr. Kisela asked Council about the use of PCDs and PUDs and said at some point they will need to provide Staff with direction on their utilization. Vice Mayor Burnette said they are a good tool, but doesn’t think they should be used for small projects.


Obie Walker, 5335 Dubois Ave., spoke about Masci construction property and said the ditch now causes his property to flood. The neighborhood is consistently noisy and the canal is a cesspool. He agreed with getting input from neighbors.

Dianne Gardner, 618 Ruth Street, likes the idea of a database of commercial property where people can look at what is going to happen in the future.  She is concerned about buffers. She would like to see Council Members walk the neighborhoods and talk to people.  She suggested creating a database of pictures of current neighborhood conditions. She doesn’t believe PCDs and PUDs should be used; Developers should have to comply.


Corey Berman, citizen, believes the document should be called the property owner/occupant bill of rights. He said realtors use Imap to look at pictures. He believes traffic issues need to be considered. He suggested establishing a phone system like reverse 911 to notify residents.


Karen Koch, citizen, said she could help with process improvement. She said the first step is to define how things are now so you can narrow down the focus to determine where it should be.


Paul Rozar, 607 Powers Ave., is concerned about wooden fence barriers and said it needs to go away. He said there needs to be a cement wall barrier. He’s looking right into a funeral home. There needs to be a solid wall between residential and commercial.


Mike Gardner, 618 Ruth Street, said adjacent property owners should be notified once significant Staff time is being invested; at least at the pre-application meeting timeframe.


Councilman Ford asked Mr. Kisela and Staff to bring back an overview of current process; points at which they recommend notification; how to notify citizens early in the process; and develop clear, written procedures. He believes PCDs and PUDs are too loose.


Vice Mayor Burnette said to have balance and consistency.


Mr. Kisela said Staff will map it out and show where the process can be improved.


 ADJOURNMENT: 6:21 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, CMC

City Clerk