MARCH 1, 2011


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:00 p.m.


Pledge of Allegiance


Silent Invocation


Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Donald Burnette

Councilman Bob Pohlmann

                                                                        Vice Mayor Dennis Kennedy

                                                                        Mayor Allen Green


                                    Also Present:                        Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk




4.    American Cancer Society


Mayor Green read and presented the proclamation to the American Cancer Society. Chief Monahan invited all citizens to participate.




5.    Port Orange/South Daytona Chamber of Commerce Quarterly Report


Debbie Connors introduced Frank Crooks, President, to give Chamber report: 626 members currently with a membership drive kicking off on Thursday. Their goal is to hit 700 members. Mr. Crooks gave highlights as to Chamber events and fundraisers. Kidz Dayz is March 17-20 all are invited.

Comments: Councilman Ford: good job, happy with chamber.

Councilman Burnette advised that the incubator program presentation was great, hopes others will attend the upcoming meeting.

Councilman Pohlmann appreciates the chamber getting into the schools and recognizing the teachers.

Vice Mayor Kennedy: thanks for all you do.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)






6.    Board Appointment

a.    Youth Advisory Board


Matthew Burnette introduced himself to Council and told them why he should be on the Youth Advisory Board. He wants to be a volunteer in the community. Councilman Burnette advised Council that Matthew is his son and he will not be voting.


Motion by Councilman Pohlmann to appoint Matthew Burnette to the Youth Advisory Board, and Seconded by Councilman Ford. Motion carried with a 4-0 vote, with Councilman Burnette abstaining from voting.




7.    Approval of Minutes

                                      i.                February 15, 2011 – Special City Council Meeting (Goals Workshop)

                                    ii.                February 15, 2011 – Special City Council Meeting (Recognition)

                                   iii.                February 15, 2011 – Regular City Council Meeting

                                   iv.                August 17, 2010 – Amended Minutes for the Regular City Council Meeting (Item #7 was inadvertently omitted in the original Minutes)

8.    Project Update/Parks & Recreation

9.    Construction Activity Report


Motion to Approve Consent Agenda Items #7-9 made by Councilman Pohlmann, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.




10. Revalidation of Sole Source Vendor for purchase of Backwash Recovery Pumps at the Garnsey Water Treatment Plant (Tabled from February 22, 2011)


Motion to Remove Item #10 from table by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.


Mr. Parker confirmed that the products are American made.


Motion to Approve Item #10 made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call.




11. Youth Advisory Report

Jonathan Montes de Oca gave the report for the Youth Advisory Board. The Youth Achievement Award will be going out soon. They are working with the Parks and Recreation Department to get volunteers. Their Parks partnership continues – they continue to clean the All Children’s Park. They are still working on their website.

Councilman Pohlmann said good job on the presentation.

Vice Mayor Kennedy agreed, said he will be a great leader.

Councilman Burnette thanked him for his commitment.

Councilman Ford also said thank you.

Mayor Green said you are the future, great job.


12. Parks & Recreation Advisory Report

Jack Wiles said thank you to Jonathan for their help getting volunteers. He advised Council that they met on January 25th, when they welcomed new member Marc Campbell. Volusia team-competitive baseball team came to talk to the City about partnering with them. USTA also attended the meeting and suggested that we use blended lines on tennis courts. Mr. Wiles explained what blended lines are (they are extra lines shortening the court for youth). The USTA request was for the City to put the blended lines on the courts. They have grant money for it. They want to do it on Airport Road, All Children’s Park, and Horizon. Mr. Wiles gave a heads up to Council that that request will be coming from USTA in the near future. He also advised that pop warner football would like to utilize Coraci fields, with pop warner providing all equip, lines, etc. City just needs to get the field ready. Pop Warner football would need the field on Saturdays and maybe a few Mondays and Tuesdays, other days would be available to City for other uses. Costs will be coming. Councilman Pohlmann gave an idea of the fields at Creekside. Mr. Parker explained that the discussions are happening now for usage of school fields.

Vice Mayor Kennedy asked if pop warner is trying to get things ready for this year. Mr. Wiles said yes.

Mr. Parker advised that Jim Wetherell is trying to find out how much labor they can provide to get the fields ready. Mr. Parker is waiting to hear from Mr. Wetherell. Mr. Wiles advised that there is progress being made on the foundation. The donation resolution has been adopted. The Board discussed the time of the meeting and it was decided to leave it as is. Elections of officers was done: Jack Wiles was re-elected as Chairman and John Cameron was elected as Vice Chairman. Mr. Wiles asked Council if they would present Mary Morehouse with a proclamation as she has volunteered for 12-15 years with the adult activity center. They would recommend with the adult activity center reopening include a thank you to Mary. Mayor Green agrees to give proclamation. Mr. Parker would like to dedicate a room to Mary and Doris Dickie. Mayor Green would rather present a plaque to put up in the center with a Wall of Honor type system.




13. City Cost Participation Request for Public Improvements Constructed along Town West Blvd. by D.R. Horton Development


Mr. Parker explained the issue to Council.


Motion made by Councilman Pohlmann to approve item #13, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.


Mr. Parker explained that there was staff turnover at the time and it fell through the cracks.




14. Innoprise Settlement


Motion by Councilman Ford to approve the Innoprise Settlement, and Seconded by Councilman Burnette. Motion carried unanimously by roll call after no comments from the public.










15. Comments/Concerns from Council Members


Councilman Ford wants to start dialog regarding homeowner’s associations that pay for some infrastructure and other neighborhoods that don't. He is worried about equity. There are problems with some of the HOA’s regarding money, etc.

Mayor Green considerations have been taken by some of those HOA’s and money is set aside in those neighborhoods but he agrees it will need to be addressed.

Councilman Burnette requested the agenda packets to be set earlier when possible. He asked how the changeover is going with fire hydrant inspections. Mr. Parker replied that it is going slowly. Councilman Burnette asked about a meeting with dispatch. Mr. Parker replied that the RCC cities are meeting with county tomorrow. They are trying to find out net numbers, not gross numbers. The meeting today was the scope with the City Manager in Daytona Beach. Mr. Parker advised that a better report will come at the next meeting since a meeting with the County’s City Manager will have happened by then.  

Mayor Green asked about Ipads. Mr. Parker reminder Council that they had decided not to go with Ipads a while back, but we could certainly re-visit the issue. Mayor Green explained how another businessman used the Ipad and he suggested that it might be helpful in getting information quicker. Mayor Green asked Mr. Parker to run numbers for Ipads.

Councilman Pohlmann asked what happened with the CRA meeting. When is the next meeting?

Mayor Green wants to get the RFP out as quickly as possible and doesn’t think delaying it is a good idea. He would like to meet one day next week to discuss the RFP matter.

Councilman Burnette agrees but he is not available on Tuesday.

Attorney Roberts explained that the Council could do a preview notice and in order to be eligible, they must attend the preview.

Councilman Ford is opposed to a mandatory preview.

Mayor Green wants to move on.

Councilman Ford pointed out that we are only talking one week difference with meeting next week or leaving it on the 15th as previously scheduled.

Mayor Green said the people want us to act and to stop delaying.

Councilman Ford thinks we are working on making a decision and he feels good about the process. He is not in a rush because he thinks the economy is looking up. He does want to be certain that the RFP is an open RFP.

Attorney Roberts explained that the proposals must be submitted within 30 days of the advertisement pursuant to the statute.

Councilman Ford asked if the City has any legal responsibility to give anyone special attention.

Attorney Roberts answered no, there is no legal obligation to give anyone special attention. There is no formal agreement with anyone but there are title restrictions that we must adhere to.

Councilman Ford stated that he would like to see the Chamber building exempted from our land exchange.

Mayor Green believes there are other options for the Chamber, so he doesn't think we should limit ourselves.

Councilman Pohlmann confirmed that the Council is going to wait until the 15th. Mayor Green said yes.

Vice Mayor Kennedy wants to see us continue to get information regarding RCC.

Councilman Ford warned Council that the Halifax study showed NO SAVINGS, just a transfer to a larger administration. He says on average consolidation costs more the larger it is. He cautioned that it is the easy answer and they rarely work long term. He is open to it but will scrutinize it.

Vice Mayor Kennedy wants to spend time on it because it keeps coming up. He believes consolidation makes sense in a lot of ways. He wants to see how other cities feel.

Mayor Green agrees there is no instant savings; it will take a few years to see savings.

Attorney Roberts discussed the real estate matter regarding Palmer College and the drainage easement. She gave options and asked for a vote from City Council because of time restraints.

Mr. Parker explained his meeting with Palmer. They are going to go back and look at issues because the City said they will not accept any responsibility for that building at all, advised Palmer that they would need to indemnify the city.

Mayor Green asked if the contract with Palmer allows for provisions that the City could get the building back for any reason.  Mr. Parker responded yes, if they do not exercise their option to purchase or default on other provisions.  Mayor Green believes they need to move the pipe. He has talked to several structural engineers and they would not recommend that the City allow them to build the building without moving the pipe.

Consensus is that they move the pipe.


16. Budget workshop – City Debt


John Shelley, Finance Director, presented a mini-budget workshop regarding debt issues.


Councilman Burnette asked how we did do a $17.5 million dollar project with only $17 million bond. Mr. Shelley said interest earned paid the balance.

Councilman Ford asked about the interest rate varying on some of the bonds. Mr. Shelley explained how it works. Mr. Parker clarified that it is not a variable rate but rather the rate is based on the principal balance due. Mr. Parker advised that Staff is looking for Council direction regarding debt buy down pursuant to the letter from Southeastern Investment Securities, Inc., Toby Wagner. Mr. Shelley proposes that City Council consider paying off the debt quicker.

Mayor Green asked how this affects capital improvements.

Vice Mayor Kennedy agrees with paying off debt early but wants to make sure we can make the payments. The City is in good shape as far as debt goes and he doesn't want to add anything to it.

Councilman Pohlmann asked if there is any way to refinance the higher interest rate loans to a lower rate. Mr. Shelley replied that Staff has looked at different options and some of the bonds are not recallable. Councilman Pohlmann asked if it would help to use our reserves to help pay the debt. He doesn't like seeing a million dollar interest payment in a year. Mr. Shelley responded, yes, explained a way it could work. Councilman Pohlmann asked if we have money in the bank from money we haven't used. Mr. Shelley answered no.

Councilman Burnette likes overall that we are retiring more principal than interest.

Councilman Ford asked what are our plans? What's laying out there? Are there any plans?

Mr. Parker replied that the area for the most dollars will be renewal and replacement. We need to reinvest in our system. The infrastructure was all built about the same time and systems will be due for work at the same time. We need to free up dollars from debt services to handle this issues.

Councilman Ford feels option #2 would be the best option. What is the benchmark? How is Port Orange doing compared to other cities in the state?

Mr. Shelley advised there are coverage ratios (revenue vs. debt service). We have very good ratios.

Mr. Parker explained that the ratios are coming out in the financial reports.

Mayor Green would like everyone to digest the information and decide at the next meeting.

Mayor Green asked for public comments, there were none.






ADJOURNMENT:    9:00p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager