JUNE 21, 2011


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:01 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


Mayor Green asked Council members if they objected to Item #12 being moved up on the Agenda to accommodate Pastor Stan Wickett’s schedule. No objections from Council members.



12.  Consider co-sponsoring the 9/11 Anniversary Memorial Service at the Amphitheater and to waive fees for use of the amphitheater


Pastor Stan Wickett addressed Council on behalf of the PO Ministerial Association. The event will be multi-cultural and include Port Orange Fire and Police, hospice. Mayor Green asked what the American Cancer Society pays for the use of the amphitheater. Mr. Parker advised that they pay the fee. Mayor Green asked for donations to be given to the cause from the public. Mr. Parker explained that the memorial service has in the past been given as a Concert in the Parks event.  

Vice Mayor Kennedy agreed with Mayor Green that we need to ask for donations rather than waive the fees. He asked for an address where donations can be sent: All Saints Lutheran Church, 751 Dunlawton Avenue, Port Orange, FL 32127, c/o 9/11 Service.

Councilman Pohlmann asked about Amvets handling it in the past. Mayor Green said they haven't been able to get a response from Amvets this year.

Councilman Burnette explained that there are expenses involved but he has no problem asking for donations to help.

Councilman Ford will also help with donations.

Pastor Wickett thanked the City for their support, repeated the address for donations, and gave more details of the event.


CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)


Jim Cameron of the Daytona Regional Chamber spoke to Council and explained the County and School Board’s redistricting efforts.


Ted Noftall addressed Council regarding pensions. He asked Council what their target contribution is for police. Mr. Parker advised that currently the Coty is at 54%. Mayor Green said the Council is looking to get out of all of the pensions. Attorney Roberts advised Mayor Green not to discuss this issue while they are in negotiations.




4.    Stan Schmidt, Volusia County School Board


Stan Schmidt - District 3 School Board Member explained the school board's position on high speed internet. He wants county-wide support/

Councilman Ford supports this cause.

Councilman Burnette also supports the effort and would like to use Eastport as a technology center as well as the old police department building. He wants to have a workshop as Council and Eastport CRA to work on moving this forward.  

Mr. Schmidt advised that he is excited about the education opportunity this is creating for our children.

Councilman Burnette wants to stop talking about it and get moving.

Councilman Pohlmann thanked Mr. Schmidt for his work and asked when it's coming. Mr. Schmidt said it's here already and explained where. The cities just need to tap into it.

Mr. Parker advised that the City had discussions with the school board last year regarding sharing resources.

Vice Mayor Kennedy supports the effort and explained how it can be and is being used in the medical field.

Mayor Green agrees that it needs to move forward.

Mr. Schmidt thanked Council for their support.

Jim Cameron advised Council that an executive from Nascar is going to chair the group.

Mr. Schmidt thanked the Daytona Regional Chamber and Jim Cameron for their support and help.





5.    Public Utilities Department


Roger Smith, Public Utilities Director, and Mike Ulrich, Assistant Public Utilities Director presented the Public Utilities Budget. Mr. Smith advised Council that the budget is balanced and explained the utility system in the City and the reductions in work force.

Mr. Ulrich discussed the business of water, operating budget numbers, strengths and weaknesses of the department.  

Mr. Parker asked for a workshop to discuss renewal and repay plan for water systems.

Vice Mayor Kennedy stated that infrastructure is his biggest concern. He gave kudos to Staff for a job well done and asked Mr. Ulrich and Mr. Smith to come up with a plan relating to infrastructure.

Councilman Pohlmann asked what is flat line funding. Mr. Smith advised that the 401 fund has been steady.

Mr. Ulrich and Mr. Smith gave kudos to their department staff.

Mayor Green said it's not only correcting the pipes, but the City needs to fix it all (infrastructure).

Councilman Burnette thanked Mr. Smith for the tours and lessons and for a job well done.

Councilman Ford is concerned with the aging infrastructure. He believes it is important that Council ensures there are funds to address the aging infrastructure.




6.    Water bill issue from Mr. Steve Deere – 953 Crystal Lake Drive


Steve Deere - 953 Crystal Lake Drive, thanked City Manager, Ken Parker for the meetings and his time trying to help resolve the issue. Mr. Deere explained that there was 55,000 gallons of water used in a month at his home where he lives alone. He believes the meter must have malfunctioned because there were no leaks. He asked Council to allow him to pay his normal bill not $600+ that it shows he owes.

Mayor Green asked Mr. Parker if there were any tests done. Mr. Parker advised that the meter appears to be working normally, there were no signs of flooding inside or outside the home. Mr. Parker did not find any evidence of a leak or any other explanation for the high usage. Mr. Deere does not own a pool.

Councilman Ford would like to give the benefit of the doubt to the resident and grant the request.

Councilman Burnette would like to know where the 55,000 gallons went, but the Staff time has been lost chasing down the problem. He believes Mr. Deere is a good customer and the request should be granted.

Councilman Pohlmann is willing to call it an anomaly and also allow the request.

Vice Mayor Kennedy agrees with the Council. He’s a good customer, grant the request.


Motion to adjust the account to allow Mr. Deere to pay his normal bill made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann. Mr. Parker clarified the motion that it allows Staff to credit Mr. Deer’s bill to reflect his normal usage amount. Motion carried unanimously by voice vote.




7.    Approval of Minutes

a.    June 7, 2011 – Special City Council Meeting (Budget Workshop)

b.    June 7, 2011 – Regular City Council Meeting

8.    Staff Reports - Building Activity Report and Monthly Development Activity Report for April and May, 2011.

9.    Bid Award, Bid #011-16 Hunting Lease

10. Contract Extension with Odyssey Manufacturing, Inc. for Sodium Hypochlorite used at both Water Treatment and Wastewater Treatment Plants


Councilman Ford requested that item #9 be pulled for further discussion.

Councilman Pohlmann requested that item #10 be pulled for further discussion.


Motion to approve Consent Agenda item #7 and #8 made by Councilman Burnette, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.


Item #9 – Councilman Ford is hesitant to enter into a long term contract with the hunting group. He wants to have it available for citizens of Port Orange. He would like to look at trails in that area, or have it available for boy scout camping, etc. He thinks Council should look at other options and not get tied down to a 5 year contract with the hunt club.

Mayor Green doesn't have a problem with looking long term, but the facilities provided by other cities are expensive. He advised that management of facilities like Councilman Ford discussed is expensive.

Steve Edgar, Contract City Forester, addressed Council - explained that the Contract allows the City to cancel with written notice at any time.

Attorney Roberts explained that the City can request a 90 day termination and advised the Council that the property can be used by the City for other functions/events in connection with the hunting club.

Mike Ulrich reminded Council that the hunt club has been cooperative with accommodating other events on the property.

Mr. Edgar explained the funds and mitigation credits.

Councilman Burnette believes it's a good thing that we get revenue from the property. He believes the question is how can citizens get some joy out of the property. He doesn't think it's a bad idea to look into other uses but doesn't want people to forget what the original intended use was for the property (well field).

Councilman Pohlmann asked Mr. Edgar if the income is vital for the land management. Mr. Edgar said yes.

Councilman Pohlmann agrees with the need to look for other uses for the future and asked if Port Orange residents can join the hunt club. Mr. Edgar replied yes, there are openings but there are requirements to meet. Councilman Pohlmann supports the lease but wants the 90 day termination notice added.

Vice Mayor Kennedy agrees.


Motion to approve the lease with Smoky Hunt Club with the addition of the 90 day termination notice clause made by Vice Mayor Kennedy, and Seconded by Councilman Pohlmann


Mayor Green asked for public comments: Ted Noftall asked how homeland security plays into this lease. Mr. Parker answered that we are required to protect the property because of the well fields.


Motion carried unanimously by voice vote.


Item #10 – Councilman Pohlmann asked if this is the chemical coming from China. Mike Ulrich advised that it is not and explained this is an extension for one year for a current vendor.


Motion to approve made by Councilman Pohlmann, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.









11. Citizen Advisory Committee for TPO


Bobby Ball presented report to Council, stating that the TPO has approved the 5 year project plan and the trails program was approved.

Councilman Ford advised that Sunrail information is coming to TPO at the next meeting. He asked Mayor Green if he is willing to fund Sunrail.

Mayor Green advised Council that Mary Martin would like to volunteer to replace John Decarie on the Volusia TPO Bicycle Pedestrian Advisory Committee.


PUBLIC SAFETY (Jerry Monahan)


13. Discussion relating to Residential Decal Parking Areas


Mr. Parker explained the area in question is Hidden Treasure Restaurant, and advised that this Ordinance will cover any area in the City where there is a business mixed in with residential areas.

Jerry Monahan, Public Safety Director, gave picture of the signs that would be used and showed a picture of the area in question. He discussed the proposed ordinance and explained that a resolution would follow to specify the actual area and more than one resolution could be entered to address more than one neighborhood being affected by a business. The fine would be $15.00, exempts service vehicles (lawn care, repair people, etc.) from 7am-7pm.

Mr. Parker explained that Staff had a meeting with residents a few weeks ago and the residents thought this was a workable solution.

Councilman Burnette asked about the cost of a permit. Mr. Parker advised that Staff had not planned a cost and thought it would be more of a service to the residents. Councilman Burnette agreed with that idea. He doesn't want to see a tow company be allowed to tow on their own. He wants it complaint based. Chief Monahan said police would call for towing only.

Councilman Pohlmann supports it if the residents support it.

Vice Mayor Kennedy believes it is a viable option for compromise.

Lynne Bramerel thanked Council and advised that a portion on E. Bayshore doesn't want to be included.

Mr. Parker and Chief Monahan said they will try to work it out but it would be hard to enforce if there are some in and out. Mr. Parker believes it will just push the violators down the road where the residents are not in the program.

Linda Brown thanked Council and said the feedback she has received was all for it.

Stan Hetrick likes the idea to alleviate the problem but questions section 70-6, #12. He thinks it should be specific to this ordinance, not any ordinance or law. Attorney Roberts agrees and will make the change.




14. Extension of Time for Structure Removal – 3 and 6 Cedar Street


Mr. Parker advised that Staff recommends approval. The contractor is due to begin on the 28th of June but will need more time to complete the project.


Motion to approve 50 day extension retroactive to June 10 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.

Motion removed by Councilman Pohlmann after discussion of making the extension end on July 31, 2011. Second removed by Vice Mayor Kennedy.


Motion to extend the timeframe for structural removal from June 10, 2011 to July 31, 2011 made by Councilman Pohlmann and Seconded by Councilman Burnette. Motion carried unanimously by voice vote.




15. Comments/Concerns from Council Members


Vice Mayor Kennedy doesn't like the coke sign hanging at the new CVS store. Mr. Parker will check it out. Vice Mayor Kennedy has noticed the code enforcement officers out in his area and is happy to see them. Mayor Green thinks there needs to be code officers working seven (7) days a week and should be out pulling signs, including realtor signs that are in the City right of way.

Councilman Pohlmann asked if there are independent experts who can look at the pension plans. Discussion was held on a plan administrator.

Councilman Burnette advised that he received an email from a citizen relating to no smoking. Mr. Parker advised that he was planning on having that discussion next week, but requests that it be moved to July 19th. All agreed. Councilman Burnette was happy to see that the medians were discussed at the last meeting and believes maintenance on the medians is looking good and making the changes Council has requested. He wants a workshop on impact fees for building. He asked about the special magistrate in the City. He would like more information on the process of hiring a special magistrate.

Councilman Ford discussed the Sunrail project. He said funding for the maintenance and operation are going to be considerable. He believes it will be a state/city match. He wants direction from the Council.

Mayor Green says it will be expensive to fund and there is no direct benefit to our city.

Council consensus was that it is too expensive and there is no direct benefit to the City of Port Orange.

Councilman Ford asked when the sign panels would be up at Riverwalk. Mr. Parker will check into it. He understood that they were already in.

Mayor Green asked about the street address at the old Kmart building. Mr. Parker will also check in that.

Mayor Green asked for citizens to put their name on their complaints so Council can call and discuss the issues. Mayor Green hopes the City and CRA can get better response from the Riverwalk RFP.

ADJOURNMENT:    9:30p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager