APRIL 26, 2011


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:02 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.    Arbor Day Proclamation

Mayor Green read a proclamation regarding Arbor Day. Mayor Green and Councilman Pohlmann reminded citizens that the City will be planting over 100 trees at 8am on Saturday, April 30, 2011. Volunteers are needed to assist.

5.    Josh Wagner, County Councilman

Josh Wagner, County Councilman, presented a proclamation from the Volusia County Council to Port Orange. Councilman Wagner advised Council that the County wants to reopen Gamble Place and acknowledged that it is not where they want it to be. He supports the reopening. Councilman Ford advised that the Museum wants it reopened as well but they need volunteers to work it and help maintain it. Councilman Wagner spoke regarding the consolidated dispatch workshop on the 19th, part of the discussion is what type of technology to use. He explained that it won’t be a dictatorship. The County will not implement anything that will put lives in danger. Councilman Wagner discussed EVAC. The County Council asked the County Manager to find out the cost of bringing EVAC in house. They are suggesting a similar model to what is being used currently. Councilman Wagner advised Council that the County passed the Interlocal Agreement regarding the Stanaki property and the County is taking over the maintenance and management. Councilman Wagner advised that they are going to have a trail workshop in about three (3) months to work on connections. Daytona Beach is working on a trail system, too. He would like to see a loop through the county. Councilman Wagner commended Council and Port Orange Staff for having money left over from the grant relating to Curaci park. He doesn’t see a problem with the left over money being transferred to another project as requested by Port Orange.

Councilman Ford expressed concerns about consolidated dispatch. He wants joint governance.

Councilman Burnette also believes that governance is important. It was proven to work with RCC and suggested that the County Council not reinvent the wheel.

Councilman Pohlmann complemented Councilman Wagner on his successes on the County Council.

Vice Mayor Kennedy thanked Councilman Wagner for the environmental effects relating to Farmton. He is interested to see how EVAC will affect everyone.

Mayor Green also thanked Councilman Wagner for attending.




6.    Report from KemperSports Management regarding Cypress Head Golf Course


Ricardo Catarino gave report with Mike Collins and Superintendent, Dennis Pickavance, relating to the second quarter. Mr. Catarino advised that they are over budget for revenues and April looks good so far, too.

Vice Mayor Kennedy asked about some damage on the golf course. Mr. Cataino advised that they addressed the issue and fixed the damage. Mr. Collins spoke to school and the students were dealt with.

Councilman Pohlmann said he is glad to see things are turning around; good report.

Councilman Burnette asked if it is a competitive environment relating to the rate for a round of golf. Mr. Catarino said it's horrible but they have been able to be responsible for their own maintenance to keep the costs down. They are second in the area behind LPGA in course appearance.

Councilman Ford said he wants to break even or make a profit.

Mayor Green discussed how to make changes to make revenue and keep the course in good shape.

Mr. Collins reminded and invited all to the Mother's Day brunch/buffet on May 8th.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Pat Mihalic, Concerned Citizens organization requested Council pass an ordinance requiring spay and neutering of animals. Ms. Mihalic gave statistics regarding euthanizing animals.

Mayor Green said it is time to address this issue.







7.    Project Managers’ Report

8.    Engagement Letter for Pension and OPEB Actuarial Consulting

9.    Approval to Piggyback State and Sheriff Department Contracts for Fleet Vehicle Purchases

10. Approval of the Ranking of Dental Insurance Proposers and Authorization to Proceed with Negotiations of a Contract for Dental Insurance with MetLife

11. Second Amendment to the Rose Bay Ecosystem Restoration Funding Agreement

12. Proposed License Agreement – Cedar Street Right-of-Way (3 Cedar/Covert)

13. Proposed License Agreement – Cedar Street Right-of-Way (6 Cedar/Covert)

14. Proposed License Agreement – Cedar Street Right-of-Way (7 Cedar/Dahl & Lentz)


Mayor Green pulled items #9, 12, 13, and 14 for further discussion.

Councilman Pohlmann pulled item #8 for further discussion.


Motion made by Councilman Pohlmann to approve items #7, 10 and 11. Seconded by Councilman Burnette. Motion carried unanimously by voice vote.


Item #8 – Councilman Pohlmann asked it Staff would request an administrative assistant when appropriate rather than spending the money for a Senior Consultant. Mr. Parker explained that most of the items will fall under a flat fee.


Motion made by Councilman Pohlmann to approve item #8, and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.


Item #9 - Mayor Green asked about the vehicles being purchased. He wonders why the Fire Marshal can't get a smaller car. Councilman Burnette agrees. Mr. Parker explained that it needs to be a 4-wheel drive vehicle because he's out on construction sites. Mr. Parker said he'd look into more economical options for vehicles.

Ted Noftall addressed Council regarding the $1.4 million raised in taxes and asked where it is going. He would like to see a strict accounting. Mr. Parker explained that in 1989 Council set up a program for vehicles to be replaced without going in debt. This program took out the spiking of taxes in order to pay for such equipment. Leasing payments are level in all of the budgets. Mr. Noftall asked how much was raised last year. Mr. Parker said he could get the numbers from the City’s budget. There is a specific line item for it. Mr. Noftall asked if there is a surplus in that budget. Mr. Parker explained that it is not a surplus, it's money reserved for equipment. The amounts are amortized over the life of the vehicle (including fire trucks). Mr. Parker will be glad to give a report and explained that Council's policy is to budget based on cash receipts not reserves. Mr. Noftall asked what the money is then used for. Mr. Parker explained that the Council can decide to use it for any lawful matter. They have used it for pension payoff and other similar one-time items.


Mr. Noftall requested that Council bring a vote relating to fire services.


Councilman Burnette understands the accounting but wonders how much is being saved by using the State and Sheriff contracts.

Vice Mayor Kennedy asked when the sheriff's bid was done. Mr. Parker said January. Mayor Green advised that they can use whoever they want, they don't have to use the state or sheriff contract. Mr. Parker advised that Warren Pike, Public Works Director, finds out which is cheaper and that is what is brought to the Council.


Motion to approve amount for fleet purchases by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. No public comment. Motion carried unanimously by voice vote.


Items #12-14 - Mayor Green asked how big the boat houses are. Shannon Lewis, Assistant City Manager, explained the license agreements, the LDC, and the restrictions.


Mayor Green understands the explanation but asked about the future. Mr. Lewis explained that the restrictions allow room for the barge to get through, as well as the homeowners to get thru the canal. Attorney Roberts explained that the City has the right to require the removal of any boathouse (paragraph 5, page 4). Councilman Burnette asked if the terms of the agreement are ongoing and questioned the fact that the license agreement doesn't change hands with a new owner. Attorney Roberts explained that the license agreement is personal property and goes with the person not the land.

Councilman Burnette thinks the agreement impairs the marketability. Attorney Roberts explained that the agreement is recorded so all interested parties now and in the future will have knowledge. The document is worded to best protect the City. Mayor Green says he's ok with the agreement. Councilman Ford thinks it’s a wonderful thing that the City is doing but he doesn't like to give public property away. He is concerned about the size of the dock and the amount it sticks out into the canal. Ms. Lewis explained that she looked at other cities and believes that agreeing to a percentage rather than specific length is better because there are narrower parts of the canal. Councilman Pohlmann asked if the homeowners would have to come through Council before building. Ms. Lewis said no, they would just go through permitting.


Motion to approve made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by roll call vote.






15. Special Exception for a Game/Recreation Facility in the “CC” Zoning District for Allied Veterans of the World, Inc. Affiliate 49 (Tabled 3/15/11)


Motion to remove item 15 from table made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Motion carried by voice vote - 4-1. Councilman Ford voted no.


Councilman Pohlmann is concerned that no one signed the document from the Potato Patch subdivision. Mayor Green explained that he only wants people from Port Orange and will not listen to Deland citizens.

Tim Burman explained the issue and that Staff reviewed the requirements and recommends approval based on the current codes.

Mayor Green asked about the distance from the residential properties and how the code states to measure the distance. Mr. Burman explained the wording in the code. Mayor Green also still has a problem with how we determine the number of parking spots. This project fails to meet the criteria as he sees it. He has a problem with the placement and the hours as well.

Vice Mayor Kennedy asked for clarification regarding parking. He asked Mr. Burman if he has looked at the parking issues for the other businesses in the strip center and ask if they get 40 spots based on having 40 terminals. The hours of operation bothers him as well. Vice Mayor Kennedy believes they should shut down by 9pm at the latest. He is not comfortable with the location but understands that the interpretation of the code might allow it. He doesn't want it in Port Orange. He does not support the approval of the special exception.

Councilman Ford is not happy with it being so close to neighborhoods. He agrees with the residents that they have a right to their way of life.

Councilman Burnette remarked that the crime sheet at the Beville spot was 10 pages long. He is not happy with the closeness to the neighborhood. He stated that he has spoken to others in the complex who are not happy with Allied Veterans moving into this center. He wants to hear from the citizens.

Councilman Ford believes that the building department made a mistake and this does not meet our current codes. He asked the City Attorney to look at it as an adult entertainment and believes it needs to be in an adult entertainment zone. He requests that Staff relook at it as well. He doesn't like the way the code is written.  

Alan Brayton, 3033 Oak Hammock Drive, addressed Council with his wife, Elaine, and they are against the internet café opening so close to their residence.

Cheryl Atwell, 3547 Russett Lane, presented a signed petition of Potato Patch residents against the internet café.

Kathy Niemeier, Hammocks Subdivision, gave another signed petition from residents against the café.

Laura Lee, attorney for Allied Veterans, addressed Council regarding the code and Tim Burman’s report. She addressed the adult entertainment codes. Ms. Lee explained the rules of the internet café, and state the reason Allied Veterans have armed security guards is because they have heard the concerns before and have voluntarily chosen to provide a guard. She requested a copy of the documents provided by Potato Patch residents. She also addressed the issues regarding the police calls that Councilman Burnette brought up, as well as the issue with the recent Apopka shooting.

There were no questions from Council.

Ms. Lee cited case law (438 So2d 506) Effie vs. City of Ocala, page 508.

Attorney Roberts read the definition of game/recreation facility per the City of Port Orange’s LDC, which state the facility should include all ages. Attorney Roberts asked Wayne Clark, Community Development Director, about the size of Walmart vs. this site. Ms. Clark explained.

There were no further public comments.


Motion to approve the special exception request made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.


Mayor Green asked for public comments. Mr. Noftall asked for the four corners of the debate.

Councilman Burnette explained that he is not making a moral decision on gambling. He is going off a litmus test regarding the impact on the people who live around it. When police are on a call there (no matter how significant the call), they are not available on other calls where citizens need them.

Councilman Ford agrees. This is not about what he feels about gambling. It's about proper placement. He insists this falls under the adult entertainment codes and zoning.

Vice Mayor Kennedy takes the job very seriously and has taken several calls from citizens with only one who supports this. He is obligated to vote against it.

Councilman Pohlmann stated that he doesn't like it at this location. He is not against gambling.

Mayor Green stated that he gambles every day in his business. He has to vote as to whether this falls within his interpretation of the code, and he doesn’t believe shrubs can protect people. He believes there are other places in the city where this would fit.


Motion denied in a roll call vote. All Members voted no to the Motion to approve the special exception request.




FINANCE (John Shelley)


16. Resolution No. 11- 20 - Budget Appropriation






Motion to approve Resolution No. 11-20 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by roll call vote.


17. Monthly Financial Report


John Shelley, Finance Director, gave the financial report for the month of March. The YMCA report was included, they have a $35,000 surplus for the 3 month period. The Golf report was also included, information was given earlier at this meeting.

Mayor Green asked about the building revenue fund. He wants to make sure Staff is addressing what's going to happen in the future. Mr. Parker says Staff is.  Mr. Shelley explained that that is what Staff is looking at and tracking. Mr. Shelley and Mr. Clark spoke regarding the building revenue fund and they will continue to look at those upcoming projects to try to project a good budget.


PUBLIC WORKS (Warren Pike)


18. Extend Landscape Maintenance Contract for Three Months


Mr. Parker brought to Council’s attention that Tom Cinefro, Purchasing Coordinator, began attempting to obtain information regarding insurance from Glencoe after last week’s meeting. The insurance was not delivered until late today (April 26, 2011). Glencoe is not in compliance with the worker's compensation standards. The insurance company does not have an A rating as required by the bid documents and the City’s contracts. Mr. Parker also advised Council that the automobile insurance does not list the City of Port Orange as an additional insured. Staff also found that Glencoe did not have worker's compensation insurance last year.

Mayor Green advised that he spoke with Warren Pike, Public Works Director, and Mr. Parker and would prefer to award the Contract based on the bids received rather than re-bid it.


Motion by Councilman Pohlmann to reconsider the April 19, 2011 Motion to reject the current bids and re-bid Sections 1-3, and to reconsider all bids. Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.


Motion by Councilman Pohlmann to award mowing contract to Tuff Turf as the lowest, responsive bidder, and Seconded by Vice Mayor Kennedy.


Councilman Ford asked about not having this insurance issue happen again. Mr. Parker explained that Mr. Cinefro has prepared spreadsheets to alert him when insurance policies are expiring, and extensions will not be a simple form extending the Contract but will be a full Contract.

Councilman Burnette is upset that Staff didn't know about the insurance lapse sooner. Mr. Parker said he is also. The insurance company never notified the City.

Vice Mayor Kennedy asked if the insurance company is required to notify the City. Mayor Green said yes and no, the insurance company will so no, but if the City tracks it and requests an updated certificate, the insurance company will send it.

Mr. Parker explained that Mr. Cinefro is going through all of the purchasing procedures and making them more efficient. 

Mr. Parker asked Attorney Roberts if notice is required to be given to the other parties prior to Council awarding the contract. Attorney Roberts advised that Council would be in a better legal position if they noticed it to the other parties. Mayor Green disagreed with Attorney Roberts because it is not required. He believes that Glencoe violated the law by not having worker’s compensation insurance in place pursuant to the Contract. Councilman Burnette agreed with Mayor Green that it is not required to notice the item. He feels they have defaulted on the Contract and in essence fired themselves.


Motion carried unanimously by roll call vote.


Mr. Cinefro confirmed to Council that Tuff Turf has complied with the insurance requirements already and has submitted proof of same.




19. Comments/Concerns from Council Members


Councilman Burnette asked about mowing the medians. He has heard from several citizens who are not happy with the way the City looks.

Councilman Pohlmann asked John Cheney, Tuff Turf, Inc., if Zahira is a good idea or what he would recommend. Mr. Cheney explained the over seeding of the Bahia with the St Augustine grass. Further discussion was held regarding grass options for the medians.

Vice Mayor Kennedy wants to move forward with the feral cat issue. He would like to see the ordinance in Daytona Beach.


20. City Council Committee Reports

    1. City Investment Committee


Vice Mayor Kennedy advised that the federal funding companies are changing. The City's portfolio is good with $31 million although it is down a little from 12-31-10.

    1. Transportation Planning Organization (TPO)


Councilman Ford advised that there was a meeting held on April 26, 2011. Discussion included safety zones around the schools and the Votran report shows short falls in funding.

    1. Library Advisory


Vice Mayor Kennedy advised that the Library meeting is coming up on May 5, 2011.


    1. Municipal Firefighters Pension Board


Councilman Pohlmann advised that there is a meeting next month.


    1. Municipal Police Officers Retirement Trust


Vice Mayor Kennedy advised that there is a meeting on May 20, 2011.


    1. General Employees General Retirement Trust


Councilman Ford advised that there was a meeting on April 25, 2011. The returns have been great.


    1. YMCA


Councilman Pohlmann advised that the YMCA met on March 22. The YMCA was a recipient of some of the money from the Vince Carter gala. Their annual lunch meeting was held on April 7 at the speedway. They have given away $54,000 in January and February. They sold 450 tickets to the Tamburitzans performance. They sponsored Spruce Creek High School youth in government days in Tallahassee. They need residents for the board of directors. Healthy Kids Days was held on April 16, 2011 and Splash Week is May 2nd. Splash Week is free water safety instruction for the community. Next Board meeting May 25, 2011.

    1. Volusia Council of Governments (VCOG)


Mayor Green reported that VCOG met on April 24, 2011 but he was unable to attend so he will get the report for next month.


    1. Volusia League of Cities


Mayor Green advised that there is a meeting coming up.

    1. ArtHaus


Councilman Burnette reported that Thursday is the Fun and Funky dinner.


    1. Port Orange/South Daytona Chamber of Commerce


Councilman Burnette reported that May 6 is the Morning Mix and Mingle at TD Bank. There is a ribbon cutting at Pavilion on Tuesday at 4pm. The Chamber visits will be this week- focusing on Ridgewood Ave businesses. Mayor Green asked Councilman Burnette to check with businesses about using Port Orange businesses to purchase their supplies from rather than buying from other areas when possible.

    1. Golf Course Board of Directors


Mayor Green advised that the Golf report was given earlier in this meeting.


    1. Communications Interlocal Agency (CIA)


Mayor Green advised that there is a meeting on Thursday.


Attorney Roberts confirmed that item #18 was withdrawn. Council confirmed.

Mr. Parker advised that there was a meeting with the county relating to fire services and they have asked that the City wait until next fiscal year to give a report on costs since the dispatch issues are going on now. April 30th volunteers are needed to plant trees at Summertrees. Next meeting begins the budget workshops.



ADJOURNMENT:    9:36p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager