APRIL 5, 2011


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:03 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.    Water Conservation Month proclamation


Mayor Green read a proclamation and thanked citizens for their efforts to conserve water.


5.    Port Orange Volunteer Month proclamation


Mayor Green read the proclamation. All Councilmembers acknowledged the volunteers throughout the City and thanked them for their contributions.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Michael Benedict addressed Council regarding the Halifax Oyster Festival on April 30, 2011 from 10am-6pm. Mr. Benedict informed Council that they are in need of volunteers at the family event. Mayor Green praised their efforts and said they are already seeing oysters in Rose Bay. Mr. Benedict advised that they recycle the shells and send them to the Discovery Science Center, who puts the shells back into the river. They are expecting 3000 people. Councilman Burnette asked Mayor Green if the City could announce this event on POG TV.


Ted Noftall addressed Council regarding two bills. Mayor Green will be discussing this at the end of the meeting. Mr. Noftall asked if the City Attorney has provided information regarding the changes to the City Charter as he requested during a previous meeting. Attorney Roberts advised that she is working on the information and it should be ready by end of the week.


Peter Farruggio and other citizens addressed Council regarding the 25% Solution initiative. They encouraged Council to sign a resolution supporting the efforts to reduce military spending. Mayor Green asked for a sample resolution.




6.    Board Appointment

a.    Code Enforcement Board Re-appointment


Motion to Reappoint Sean Maroney to the Code Enforcement Board for a full term made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.


b.    General Employees’ Pension Board appointment


Sonya Laney introduced herself to Council. She is a CPA, teaches at Stetson. Councilman Ford asked Ms. Laney if she could be a strong pension board member. Ms. Laney replied that she is a taxpayer and doesn't appreciate waste. She doesn't take her duties lightly. She is a professional and will uphold those ethics while serving on the Board.

Councilman Burnette asked if she was ok with the fact that a good member is going to have to make unpopular decisions at times. Ms. Laney advised that she is not a “yes girl”. If they are looking for someone who will “go with the flow”, she would not be a good fit. She is going to vote according to what she feels is the right thing to do. Mark Bowling and Mark Wagner also submitted applications but were not present to address Council.


Motion to Appoint Sonya Laney to the General Employee’s Pension Board made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.




7.    Approval of Minutes

a)    March 15, 2011 – Regular City Council Meeting

b)    March 22, 2011 – Special City Council Meeting (Pension Boards)

c)    March 22, 2011 – Regular City Council Meeting

8.    Construction Activity Report

9.    Extend Lake Contract with Clarke Aquatic Services, Inc.

10. Final Change Order and Pay Request – Spruce Creek Road Drainage Improvements


Motion to approve Consent Agenda items 7-11 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy.


Councilman Ford requested that item #11 be pulled for discussion.


Motion amended to approve Consent Agenda items 3-10 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.


11. Public Improvements Agreement for Barcelo Development, Inc.


Councilman Ford asked how we can avoid the huge pile of dirt that was on this property for a long time. Wayne Clark, Community Development Director advised that the pile of dirt was a violation of the City’s Code and the owner was cited. He went in front of the code board twice. The owner has received the permit from the County to remove the dirt.

Councilman Ford also asked if we can revisit the zoning issues along US 1 for future businesses and if we could change the fencing decisions so that those types of issues are not seen from the road.  

Mr. Clark advised Council that the fence meets the current code and US 1 is the only place in the City we can put these types of businesses.

Mayor Green reminded Council that we inherited that area from the county. He agrees it's not a good place for it but there's nowhere else to go. He asked staff to talk to the owner to address Councilman Ford’s concern regarding the fence.


Motion to Approve Item #11 made by Councilman Ford, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.


Mr. Parker clarifying items brought up by Councilman Ford. Mayor Green general consensus is that the City needs a long term plan regarding the zoning along the US 1 corridor.




12. Special Exception for a Game/Recreational Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49 (Tabled from March 15, 2011)

 Item remained tabled.




13. Parks & Recreation Advisory Board Report

John Cameron, Vice Chairman presented the Parks & Recreation Advisory Board Report. Mr. Cameron reported that they are still looking into competitive baseball - several groups have expressed interest but none have had the full package necessary to implement the plan. Jack Wiles met with Mr. Parker and Attorney Roberts regarding the foundation and that is moving forward. The Parks department is facing a 5% cut. Susan Lovallo discussed the cuts with the Board. Opening day for Spring softball/baseball went well. Mayor’s golf tournament is coming soon. Sunshine Law training is on April 20, 2011. Mayor Green clarified that the profits from the golf tournament will be used to fund the scholarships. Vice Mayor Kennedy stated that he noticed and was impressed by the banners on the fields during opening day. Councilman Pohlmann thanked Mr. Cameron for his service and agreed that Opening day was great. Mr. Cameron mentioned that he heard the contract regarding Cypress Head Golf Course management was coming up within a year and he volunteered his services to review same.

Mr. Parker updated Council regarding Pop Warner. Staff has identified some dollars that were not used at Curaci. Staff is currently requesting a transfer of those funds to help with the Pop Warner fields. Dr. Horton will match up to $25,000 and the Pop Warner volunteers will also do in kind work on the fields. They would like to begin play this fall. Staff has a request in with Volusia County schools to use a portion of the Silver Sands Middle School field that is not currently being used for a full size baseball field, but haven't heard back yet. It would allow the use of existing restrooms and parking.



14. Second Reading – Ordinance No. 2011-7 - 5th Amendment to the Port Orange Gateway Center PCD Amended and Restated Master Development Agreement Case No. 11-40000001






Mayor Green read Ordinance No. 2011-7 and asked for public comments. There were none.


Motion to Approve Ordinance No. 2011-7 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.


Wayne Clark, Community Development Director, advised that the owner is planning to open Bombay Grille at the site. There is ample parking with the cross parking agreement with Target. Vice Mayor Kennedy asked about the dumpsters at the complex. He said they are always overflowing. Mr. Clark advised that they have the number of dumpsters required but maybe they are not having them emptied as often as needed, which would create code violations.


Motion to approve carried unanimously by roll call vote.

15. LAP Agreement Herbert Street Sidewalk


LAP Agreement read by Mayor Green.


Motion to approve the LAP Agreement made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.


Mayor Green asked if this is a sidewalk or right of way. Bill McCord, Principal Planner/Transportation Planning, advised Council that there was a feasibility study done by TPO. There is a restricted right of way and four properties will be impacted by this sidewalk. The agreement is for $16,000 for design of the sidewalk not right of way. Three out of four of the affected properties are on board verbally at this time.

Councilman Ford supports this project as it is very much needed.

Councilman Burnette agreed and asked how much of the study is being used in the design. Mr. McCord said the study was used for cost factors only, not design.

Councilman Pohlmann asked if Staff had talked to the school board for cost participation. Mr. McCord said no, only regarding their right of way, which they have agreed to give to the City for the sidewalk.


Motion carried unanimously by roll call vote.


16. Request to Reduce a Portion of the Building Permit Fees and Approve a Five-Year Impact Fee Payment Plan for the Former Country Inn and Suites


Mr. Parker gave background regarding the property and project. Kerry Leuzinger, Building Official explained the costs and how they were determined and advised that the fire impact fees have been paid, this is water/sewer.

Mayor Green’s concern is that the $27,000 is not going to cover staff time and costs but he wants to work with someone just not at the expense of the city. Mayor Green asked Mr. Leuzinger if the $27,000 will cover staff time and costs. Mr. Leuzinger explained this is in addition to what they have already paid and said yes, it covers staff time and costs.

Vice Mayor Kennedy supports the request if Mr. Leuzinger is comfortable with it and is sure that the $27,000 covers staff time and costs.

Councilman Pohlmann supports the request and wants to get the project moving.

Councilman Burnette also supports the request and is happy to see jobs coming to Port Orange. He is glad to see the project get moving, there are lots of positives. He believes Council needs to be flexible without giving the “store” away.

Councilman Ford agrees that in this economy, he’s happy to see the project moving forward.

The consensus of the City Council is to grant the request to reduce a portion of the building permit fees for the former Country Inn and Suites site.


Item #16 regarding impact fees: Mr. Parker explained the proposal and that liens would be in place to secure the amounts owed to the City. He views this as an economic incentive.

Attorney Roberts advised that she needs direction from Council to make changes for this particular project.  

Mayor Green asked questions regarding interest charges.

Attorney Robert advised that the city's special assessment would work like a tax lien.  

Councilman Ford wants to see it on the tax rolls.

Councilman Burnette asked if this would be giving a payment schedule but not reducing the impact fee. Mr. Parker confirmed same. Councilman Burnette asked what type of lien would be issued. Attorney Roberts advised that it is a special assessment lien with a resolution followed by an ordinance.

Councilman Pohlmann looks at it as a redevelopment project and feels the Council needs to work with the potential buyer. He supports the item.

Vice Mayor Kennedy asked if the impact fees have gone up since 2007 when this project started. Mr. Parker said this is the current impact fee. Vice Mayor Kennedy supports the item.

Mayor Green has a concern that this will set a precedent.

Attorney Roberts advised that the resolution is going to need to be specific to these types of issues.

John O’Hare advised Council that the buyer is up to date and is present to answer any questions.


Mayor Green asked for public comment, there was none.


Motion to approve the request made by Councilman Burnette, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.


PUBLIC SAFETY (Gerald Monahan)


17. Resolution No. 11-16 – Traffic Enforcement Agreement for Cypress Head Residential Homeowner’s Association, Inc.






Mayor Green read resolution and asked for public comments. There were none.


Motion to approve Resolution No. 11-16 made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried unanimously by roll call vote.



18. Approval of the Ranking of Health Insurance Proposers and Authorization to Proceed with Negotiations of a Renewal Contract with Florida Health Care/Blue Cross Blue Shield


Motion to approve request by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann.


Councilman Pohlmann asked if there could be an increase to employees. Mr. Parker said it's possible but we have been able to keep the costs the same for employees and the City for 2 years and hope to do the same this year.  

Councilman Burnette is concerned of offering too many options for the employees. Mr. Parker said we usually have about 3 options.

Councilman Ford clarified that the City pays for a basic plan for the employee and the employee can elect to pay for dependents, spouse, or for a higher rate plan. Mr. Parker confirmed same.

Ted Noftall asked what the average compensation for the city employee is. Mr. Parker said if you pull the police and fire out the number would be much lower; he'd have to calculate it and can report back.


Motion carried unanimously by voice vote.









19. Comments/Concerns from Council Members


Councilman Pohlmann advised that swim lessons are needed for children. Mr. Parker reminded citizens that the YMCA swim activities are available in April, Daytona State College is also offering learn to swim. Staff will try to get the information out.

Councilman Burnette reminded all of the District 2 meeting on Saturday at 9am in Council Chambers. He has recruited applicants to some boards: youth advisory, CRA for Town Center who will be putting in applications soon. He would like to have a workshop regarding impact fees to see if we are in line with other cities. He met with the auditor regarding the CAFR and wasn't fully satisfied regarding the fire pension fund rollover. He would like to see better answers.  Councilman Pohlmann has already requested an investigation from Sheila Hutcheson regarding the audit. Councilman Burnette believes they need to hold the investors “feet to the fire”. Mr. Parker explained that the boards for 175 and 185 are completely separate from the City and their investors work for the board, not the City. He advised that they have not provided information to the City upon request either and Staff is also not satisfied with the vague answers. Vice Mayor Kennedy said it’s a complex issue and the City needs their own representation. Mr. Parker agrees.

Councilman Ford also agrees, an error was made potentially in the amount of $700,000 and  he also wants better answers. He complimented Susan Lovallo regarding the ballfields for opening day, said they looked great. The peanut grass at City Hall also looks great. Councilman Ford wants to meet with Council during the budget process to make sure money is spent on making the City look good.

Mayor Green advised that red light cameras are up in Daytona, although he thinks they are inappropriate and we shouldn't support them. Bills HB239 and SB1090. If these get implemented, it will be hard to survive. He still wants to modify the paint job on the police cars. He is also concerned about the impact fees and doesn't think it should be used as a stimulator. Mayor Green wants to investigate giving the fire and police to the county. EVAC is going to be taken over by the County as well as 911, he believes the City should look into the financial savings of having the fire and police departments taken over by the County. Councilman Ford disagrees completely. Vice Mayor Kennedy, Councilman Pohlmann, and Councilman Burnette agreed to consider it, although none wanted to go that route. Councilman Ford asked the Mayor to believe that we can make a difference and make it work; hang together and work hard. He wants to keep it a full service city. Mayor Green agreed but also doesn't see any movement towards a resolution. He doesn't have a good feeling about getting out of this debt. Councilman Burnette is not opposed to looking at facts/data but doesn't like that we have to even discuss it. Attorney Roberts advised that they are entitled to look at the data.


Councilman Ford asked if we could look at entering into an agreement to work with New Smyrna Beach and Daytona Beach Shores to help their coverage. He also believes the City should look into transporting patients. Councilman Burnette, Vice Mayor Kennedy and Councilman Pohlmann agree to look into transport. Mr. Parker will bring back information. Councilman Pohlmann clarified that paramedics would do the transport not firefighters. Mr. Parker agreed that that is what he heard.


20. City Council Committee Reports


a.      City Investment Committee


            CIA meets next week.


b.    Transportation Planning Organization (TPO)


 Councilman Ford reported that TPO is asking for resolutions on Sun Rail; however, they didn't have any information on who would pay for it and how it would be paid for. He advised TPO that he couldn’t support a project without funding.


c.    Library Advisory


Vice Mayor Kennedy reported that the Library met on March 3rd and welcomed new members. The Port Orange branch is the seconded most used library in the County. He was surprised by the number of electronic books being rented from the library. Each e-book has its own license. Mayor Green asked if students hanging around the library are causing trouble. Vice Mayor Kennedy said there has been no reports of trouble. Mayor Green asked about computer donations and would like for Staff to make sure we have enough computers at the library before we give them away.


d.    Municipal Firefighters Pension Board


Councilman Pohlmann reported that the quarterly meeting is in May; however, the actuary gave a report to Council recently. He gave a poor performance and Councilman Pohlmann will pass that along at the next meeting. He will continue to hound and get an explanation regarding the audit discrepancy.


e.    Municipal Police Officers Retirement Trust


Vice Mayor Kennedy reported that a report was given to Council at the last meeting so Council is up to date.


f.     General Employees General Retirement Trust


Councilman Ford reported that the discussion held at the last meeting related to realistic figures rather than unrealistic projections.


g.    YMCA


Councilman Pohlmann reported that the YMCA awarded several scholarships and finished the year strong. The welcomed a new member.


h.    Volusia Council of Governments (VCOG)


Mayor Green reported that Jim Dineen gave a report regarding 911 and they have agreed to send a letter regarding consolidation.


i.        Volusia League of Cities


Mayor Green reported that dinner was held at the Ocean Center recently. Councilman Ford attended and enjoyed the dinner.


j.      ArtHaus


Councilman Burnette handed out their calendar to Council along with annual statement. They have a Fun and Funky dinner scheduled for May 28th. They discussed summer art camp. Discussion was held regarding a request from the Board for the City to allow alcohol to be served at parties and fundraising events. Consensus of the Council was for Attorney Roberts to bring back an ordinance for Arthaus to allow alcohol for fundraising and parties.



k.    Port Orange/South Daytona Chamber of Commerce


Councilman Burnette reported that he is visiting businesses with Debbie Connors to obtain input regarding City issues.


l.      Golf Course Board of Directors


Mayor Green advised that the Golf Course Board reported at the last meeting so the Council is up to date.


m.   Communications Interlocal Agency (CIA)


Mayor Green reported that there was a presentation from Ben Johnson and Jim Dineen regarding moving forward with consolidation.


Mr. Parker advised that the Cypress Head HOA drainage issue is on the private side of the fence. Warren Pike, Public Works Director, is going to videotape the area to show the public side is working properly. The HOA would like to discuss cost participation if there is anything wrong with the City side. There is a meeting in Commonwealth neighborhood regarding concerns. The City is trying to do some neighborhood preservation in that area. Thursday, Grace Manor is reopening with an open house and having a ribbon cutting at 4:00pm.  Friday and Saturday Relay for Life at City Center Complex. Community walkthroughs coming up at Willow Lake and Pickwick Village. Next Friday and Saturday is the Jazz Fest with 75 jazz bands performing 9am-9pm; Artfest 16th and 17th at City Center Complex with awards on the 17th at 8am. The 18th police citizen’s academy is graduating at the police department.


ADJOURNMENT: 9:31 p.m.





                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager