THE COMMUNITY REDEVELOPMENT AGENCY

FOR PORT ORANGE TOWN CENTER

SPECIAL MEETING MINUTES

 

COUNCIL CHAMBERS

1000 CITY CENTER CIRCLE

MARCH 19, 2013

 

THE SPECIAL MEETING OF THE TOWN CENTER REDEVELOPMENT AGENCY was called to order by Chairman Allen Green at 6:53 P.M.

 

Pledge of Allegiance

 

Invocation – Silent

 

ROLL CALL:             Present:                     Ben Talluto

Bob Ford

                                                                        Don Burnette

                                                                        Drew Bastian

Dennis Kennedy

                                                                        Chairman Allen Green

 

                                    Absent:                      Suzette Blahnik

                                   

Also Present:            Greg Kisela, City Manager

                                    Margaret Roberts, City Attorney

Donna Steinebach, Asst. to the City Manager

                                                                        Robin Fenwick, City Clerk

 

DISCUSSION/ACTION

 

4.    Approval of Minutes

a.    January 22, 2013 – Regular Meeting

 

Motion to approve minutes as presented was made by Member Burnette, and Seconded by Member Kennedy. Motion carried unanimously by voice vote.

 

5.    Authorization to Negotiate Contract Provisions – RFP #12-2/Riverwalk Land Sale and/or Trade

 

Greg Kisela, City Manager, provided background information regarding the negotiation of the contract. Authorization for the City Manager and Vice Mayor to negotiate contract provisions regarding RFP #12-2 is being requested by Staff. Member Burnette is in full support of this request as he welcomes the support of the City Manager in these negotiations.

 

Motion to authorize the City Manager and Vice Mayor to negotiate contract provisions regarding RFP #12-2/Riverwalk Land Sale and/or Trade was made by Member Burnette, and Seconded by Member Kennedy.

 

Member Talluto asked what the CRA’s position is after the negotiations are done. Chairman Green said it will come back to the Board in one meeting or more until all are comfortable with the agreement. Member Talluto asked if the agreements could be piecemealed or if it was all or nothing. Mr. Kisela said the Board will see all of the changes of the agreement and they can question the changes upon completion.

 

Member Ford asked what is being negotiated. He thought the vote was already made where the City was going to swap land with the developer. Mr. Kisela said they will follow the RFP from last year. Member Ford asked what the Board wants so that the Vice Mayor and City Manager knows where and what to negotiate. Chairman Green said they want the facility developed and they want their park. Member Ford asked who the negotiations are with. Margaret Roberts, City Attorney, advised the three entities listed in the agenda item are the three entities that responded to the RFP and that’s who the contract is with.  Member Ford asked if the appraisals are fair market value. Attorney Roberts said yes.  Member Ford asked Attorney Roberts to ask Morgan Galbreath why the “Point” has such a high value when the development rights have been removed.

 

Member Burnette believes his direction from Council and the CRA as he understands it, is to acquire the park land and the appraisals will drive the price. He will follow the RFP. He asked for further direction if he has misunderstood the direction from Council and the CRA. 

 

Member Bastian asked how the Point being undevelopable is going to affect the land swap. Mr. Kisela said it is based on the fair market value. He is not in favor of a land swap. Mr. Kisela advised that the Council and CRA Board can provide different direction for negotiations.

 

Member Kennedy agrees the goal was for the park lands. He’d like to hear Mr. Kisela’s alternate ideas. Mr. Kisela believes there will need to be a land swap but that it could be done differently.

 

Member Ford urged the Board not to spend $60,000 on appraisals without an agreement with the developer. He doesn’t believe the negotiations will be successful. He has concerns with parking, flood plain, and infrastructure issues.

 

Corey Berman suggested the CRA Board stop negotiating and provide a park for the citizens with a community garden.

 

Newton White had concerns that they don’t have a plan for what they want in the end of the negotiations.

 

Ted Noftall asked how wide the park will be on Halifax Drive. Chairman Green said it depends on where on Halifax Drive. Mr. Noftall asked if the appraisals will be done before there’s an agreement. Chairman Green said that’s for the Board and Council to determine but asked how the parties would know the values and how would they be able to negotiate without values. Mr. Noftall asked why they would spend $50,000 on appraisals when the developer can back out of the agreement within six months. Mr. Noftall suggested using the property appraiser’s numbers. Member Burnette said he would not use the property appraiser’s numbers because they are lagging numbers. The numbers are attached to parcels, this negotiation is for partial parcels, and the property appraiser doesn’t do a good job of determining fair market value.

 

Member Bastian asked if the developer is paying any portion of the appraisals. Attorney Roberts said the RFP does not require him to pay any monies but it is up to the CRA and Council to make the determination. Member Burnette wants to control the appraisal process. He’s not giving anything away and wants the appraisers working for the City.

 

Member Ford believes it is a waste of time.

 

Member Talluto wants to acquire the park lands or sell the whole property.

 

Mr. Kisela doesn’t believe there is a consensus of the CRA Board and suggests pulling back.

 

Chairman Green asked the Board if they’d like to start over and vote this request down. Member Kennedy agreed to start over and vote this request down. Member Bastian also agreed. Member Burnette is good with moving forward with the negotiations. Member Ford agreed to start over and vote this request down. Member Talluto asked if the appraisals would be done prior to an agreement. Mr. Kisela said yes, the appraisals need to be done with the negotiations so they know the values of the properties to be swapped. Member Talluto agreed to start over and vote this request down.

 

Member Burnette wants to know what the plan will be if this is voted down.

Mr. Kisela asked for the authority to meet with the developer to discuss a conceptual plan that he believes the developer will accept and the CRA Board will also find acceptable.

 

Motion denied 0-6 by roll call vote.

 

Mr. Talluto asked to sit down with the City Manager to discuss ideas before the next meeting. Mr. Kisela asked for authorization to bring back a plan. Consensus of the CRA is yes, Mr. Kisela has the authority.

 

6.    Public Comments

 

None.

 

7.    CRA Comments

 

None.

 

ADJOURNMENT: 7:31 P.M.

 

 

 

                                                                                    ________________________

                                                                                    Chairman Allen Green