NOVEMBER 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


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Ted Noftall, Chickadee Drive, addressed Council relating to the garbage pickup situation. He asked what the process was for obtaining the contract with Veolia. Mayor Green


David Sweat, Attorney with Rue and Ziffra, asked Council to approve their special event permit. Mr. Parker said the City can prepare the necessary paperwork with the attorney's office to get it completed for the event.




4.    Construction Activity Report

5.    Summit Golf Academy, Inc. and Timothy G. Peightal Claim for Property Rights and Damages Under the Bert J. Harris Private Property Rights Protection Act

6.    Re-award Bid #11-17, Construction of Concrete Sidewalks and Curbs


Attorney Roberts asked that item #5 be pulled for further discussion.


Motion to approve Consent Agenda items #4 & #6 made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy. Motion carried unanimously by voice vote.


Attorney Roberts explained changes to item #5.


Motion to approve item #5 with changes as explained by Attorney Roberts made by Councilman Pohlmann, and Seconded by Vice Mayor Kennedy.


Councilman Ford is against item #5 because he believes it should be preserved as conservation lands. Councilman Burnette agrees. Councilman Pohlmann also is against it in principle. Vice Mayor Kennedy agrees.


Motion carried by 4-1 vote, with Councilman Ford voting no. (Councilman Ford originally abstained; however, with no conflict of interest, a vote was required.)




7.    Environmental Advisory Board – quarterly report


Jim Meadows provided Council with the EAB report, relating to tree trimming problems with homeowners. Mayor Green agrees that there are problems with citizens not knowing how to trim trees properly. Councilman Ford feels the legislation should be written well to allow homeowners to correctly trim trees to a small extent, but not butcher the trees. Councilman Burnette's concern is the time the permit would take. He'd like to see it streamlined. He's also concerned with the issue being subjective in nature. Councilman Pohlmann feels the whole tree removal and trimming process should be revisited. Vice Mayor Kennedy wants to ensure that a regulation would not prevent a homeowner from pruning. Mayor Green agrees to allow the City to prepare documents and a process. Mr. Parker advised that the companies doing the trimming properly are the licensed tree companies. He advised that there is a licensure and permitting procedure.


FINANCE (John Shelley)


8.    Resolution No. 11-59- Budget Appropriation


Mayor Green read Resolution No. 11-59.




Motion to approve Resolution No. 11-59 made by Vice Mayor Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote.


9.    Discussion on Water/Sewer Rate (continued from 10/18/11)


Mr. Parker gave background relating to the water/sewer rate discussion from 10/18/11. Ted Noftall asked Council where the City is relating to the CAFR. He believes there is a lot of cash in the bank and the Council should not be taking more money from the taxpayers. Mayor Green advised that the discussion is relating to how the City Council wants to pay for capital improvements.

Mr. Parker advised Council that he vehemently disagrees with Mr. Noftall and explained that this item was to discuss how Council wants to pay for capital improvements and has nothing to do with operating expenses. Mr. Parker explained the requirements of putting a percentage (5-10%) in the renewal and replacement. He believes the City should be putting in more than they currently are because of the age of the neighborhoods within the City. Mr. Parker discussed the items from the presentation with Council. Vice Mayor Kennedy asked if the modified option provides enough money not to require a spike in rates to the taxpayers. Mr. Parker said yes, that is the plan. There would still be projects needed that would be unfunded because they are not a priority. Vice Mayor Kennedy supports the modified option. Councilman Pohlmann understands the City has needs now, will have needs in the future, and owes it to the taxpayers to prepare for the future. He supports the modified option. Councilman Burnette supports a modified approach. He agrees with the smooth, steady increase rather than spikes later. He believes he would like to see the term expanded on the modified approach. Councilman Ford believes the Council should keep extra money in the bank for reserves. He does not want to see spikes and doesn't favor increases at all, but understands it may be necessary to save for the future. In theory, he supports the modified approach. Mayor Green believes the current method works and has worked for several years. Mr. Parker confirmed that the consensus of Council is a modified approach extended out.




10. Discussion on Solicitor’s Permit Process and Restrictions


Mr. Parker gave background relating to the solicitor's permit process and enforcement within the City. Attorney Roberts provided Council with information relating to the process and she advised that it is recommended that the citizen apply for a permit.

Councilman Pohlmann asked about HOA's with a posted sign of no soliciting. Attorney Roberts explained that the ordinance covers that and people are not allowed to solicit on those properties. Vice Mayor Kennedy agrees and believes it is trash if there hasn't been a request for the item. Mayor Green asked if a background check is done. Mr. Parker advised yes, when a permit is applied for, there is a background check. Councilman Burnette believes door hangers need a permit. Jerry Monahan, Public Safety Director explained that a permitted individual soliciting on private property that is posted with a no soliciting sign, will run into trespassing issues. Discussion held relating to the costs and process. Councilman Ford supports the permit process and agrees that it needs to be limited and strictly enforced.


11. Neighborhood Preservation Presentation


Mr. Parker gave a background relating to neighborhood preservation. Wayne Clark, Community Development Director, advised Council of the current activities and the activities that are under consideration within the City to preserve neighborhoods and enforce codes. Councilman Ford is interested in rental control. Councilman Burnette agrees with the foreclosure registry and rental control, but not necessarily rental inspections beyond the initial rental licensure. He supports the neighborhood grant program. Mayor Green suggests that an inspection not be limited to the initial licensure because tenants can mess up properties. Discussion was held relating to funding. Councilman Pohlmann supports rental inspections on residential properties as well as commercial properties. Vice Mayor Kennedy agrees with the comments previously made. He gave kudos to Code Enforcement. Ted Noftall addressed Council relating to too much regulating.




12. Comments/Concerns from Council Members


Vice Mayor Kennedy presented a request from Atlantic High School Girls' Bowling Team for financial assistance for their State tournament. Discussion was held relating to the Panera sign being too bright. Code Enforcement has cited them for violation and they will be heard on December 3. Councilman Pohlmann asked for a brief status report relating to the solid waste pick up and transition. Mayor Green would like to pursue the City owned property at the end of Spruce Creek Road for non-motorized boats. Mr. Parker advised that PEA has ratified the Contract.


ADJOURNMENT:    9:10p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager