MAY 3, 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


Motion to amend agenda to move item 6 up to be heard before Town Center CRA meeting made by Councilman Ford, and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.



4.    Port Orange Elementary Schools Art Contest Winners


Chief Monahan presented students from Port Orange elementary schools with bikes and helmets for winning the art contest. Chief Monahan also recognized Office Dave Miller for his work. Officer Miller is retiring before Family Days and has worked hard for many years as the Crime Prevention Officer.


5.    Janet Newcomb, Market Director, PNC Institutional Investments


Janet Newcomb explained the parties involved in the plan to Council, and explained that the money is not held in their offices. It is with the federal government. The balance at the time of the bank acquisition (April 30 to May 1) showed a reevaluation because the bank changed accounting systems. Ms. Newcomb explained the communication process between the City, Alex Kish, the auditor, the bank, and the plan administrator, Sheila Hutcheson was very good but took time. The confusion was that the accounts changed from one accounting system to the new system when the bank was bought out by PNC. All securities were reevaluated at that time.  

Mayor Green explained that the Council is charged with planning the City's money and it was not a pleasant thing to find out there was a discrepancy.

Councilman Ford asked Ms. Newcomb to make sure that these items are clear in the future for any and all clients.

Councilman Burnette stated that he was disappointed that this wasn't caught by the board but the auditor had to find it and question it. Ms. Newcomb explained that the plan had to go through a reevaluation because it was listed as a 5500 reporting company.

Councilman Pohlmann thanked Janet and Frank Burgess for being here;

Vice Mayor Kennedy also thanked Ms. Newcomb and thinks the explanation is adequate.

Mayor Green asked what could be put in place to prevent this from happening in the future. He would like to be notified when a change is happening. It is not pleasant hearing from the public on this type of item.

Councilman Ford would like Council to find out how much money it is costing the City for the monitoring of these funds and what the return rate on the investments is. He wants to see it compared with others. Mr. Parker explained changes proposed in Tallahassee relating to the reporting requirements from the Boards to Council.

Vice Mayor Kennedy suggested that the Council member on the pension board bring the quarterly report to the Council meetings for all to review rather than just giving the verbal report.

Councilman Ford would like one of the members of the board to not be a member of the pension.

Frank Burgess advised that the state dictates the requirements for the board members.




6.    Board Appointment


a.    Civil Service Board Re-appointment


Motion to re-appoint Wayne Wilcox to the Civil Service Board made by Councilman Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.



b.    Environmental Advisory Board Re-appointments


Motion to re-appoint Jim Meadows to the Environmental Advisory Board made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.


Jim Meadows spoke regarding the projects being done by the EAB – POG TV show; river clean up in two weeks; Oyster Festival was last week and went well. Mayor Green thanked Mr. Meadows and EAB for what they do. Mr. Meadows said they got the oysters from local companies. They are always looking for volunteers.


Motion carried unanimously by voice vote.


Motion to re-appoint Patrick Yeager to the Environmental Advisory Board made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.




The City Council meeting was recessed at 7:52 p.m. to hold a Town Center CRA meeting, which minutes are under separate cover.


The City Council reconvened at 8:12 p.m.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Ted Noftall spoke regarding his desire to have the City of Port Orange elect a strong mayor and completely change the form of government in the City to the strong mayor form of government. Mr. Noftall asked Council if they would support and hold public informational sessions. He also wants Council to change the Charter.




7.    Approval of Minutes

a.            April 19, 2011 – Regular City Council Meeting

8.    Construction Activity Report

9.    Agreement with Fastenal Company to provide materials for City operations

10. Generator for Public Works

11. Award of Construction Services Contract for Bid B11-13 Clarifiers Modifications and Improvements Project

12. Florida Health Care/Blue Cross/Blue Shield Contract Renewal Proposal


Motion to approve consent agenda items 7-12 made by Councilman Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.




13. Comments/Concerns from Council Members


Vice Mayor Kennedy would like more info on Mr. Noftall’s suggestions relating to changing the charter, specifically: what would be the costs to the city; would the city manager/mayor make the same money in a strong mayor government; how would the levels of reporting change; where would Council begin. He would be ok with having public informational sessions to answer all of the questions.

Councilman Pohlmann explained that he is originally from New Jersey, where they had a strong mayor with four commissioners in charge of different departments within the City and it was total corruption. He has always been impressed with how legit things are in Florida, specifically in Port Orange. He doesn't have good experience with strong mayor kind of government. He doesn't agree that this is an issue with the citizens, just Mr. Noftall. He is happy with the council and believes it is a strong council and they work well together. Councilman Pohlmann believes this is one person asking for something, not the majority of the citizens in the City. He understands that Mr. Noftall has a right to express his opinion and maybe if there was more of an outcry from the citizens, he would feel compelled to make a change, but he feels lucky in Port Orange that the City has had a 25 year commitment from the City Manager. He thinks this system works good and there are no political appointments. He does not support a change like that at this time.

Councilman Burnette believes that job enrichment is built in but he is not opposed to listening to the facts. He also is not sure that the City has a pool of strong mayors to choose from. He sees it as empowering one person over the other four on the council and if the City doesn’t like the Mayor chosen, they are stuck with that mayor for the term based on the charter. It wouldn’t be a situation where you can fire the mayor on the spot like with the City Manager. He believes it is too political and there could be too much turn over. He sees a loss of institutional knowledge and doesn't see what a strong mayor could do for the city that the council hasn't done. He's also not sure citizens would show up for these sessions. He would like to get more information among council before they do the sessions.

Councilman Ford teaches this subject in grad school, and studies show that council-manager type works best. He doesn't see this as a pressing item right now and believes the best style for Port Orange is council-manager.

Mayor Green would consider it but he's comfortable with what the City has now.

Councilman Burnette asked about station #73., Mr. Parker explained that crews are back in but the roof is not done yet.  

Mayor Green advised that May 19, 2011 at 5pm in Deland there will be a meeting relating to county wide dispatch. He thanked volunteers and council for their tree planting help.

Mr. Parker gave a few dates to council: Halifax River clean up is on May 14th 8am at Riverside Pavilion; May 21 Spring new residents breakfast at 9am at adult activity center; Memorial Day ceremony on May 30th at 10 am at Veterans Park; Rolling Thunder has provided the POW/MIA flags and a ceremony will be done on Flag Day in June. There is a county council workshop on May 19th relating to centralized dispatch.

ADJOURNMENT:    8:56p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager