JANUARY 17, 2012


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 Dennis Kennedy

                                                                        Vice Mayor Bob Pohlmann

                                                                        Mayor Allen Green


                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk




4.    Police Recognition Awards


Item pulled because the residents to be recognized were unable to attend.


CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)


Loretta Rogers asked Council for a waiver to hold a candle light vigil for her missing daughter. Mayor Green said Council usually doesn't waive fees. Councilman Kennedy and Vice Mayor Pohlmann would love to waive the fees. An anonymous donor offered to pay the bill. Mayor Green asked if there was an organization where people could donate money. Ms. Rogers said she doesn't have anything set up but will check into it. The vigil is set for February 1, 2012 from 4:30-7pm.




5.    Board Appointments

a.    Fire Pension Fund Board


Mr. Parker explained the two individuals up for reelecting to the Fire Pension Fund Board. Jim Reardon is the Council appointment and Frank Sheridan is the fifth member appointed by the Board.

Mayor Green is not happy with Frank Sheridan because he believes it is heavily weighted with fire people. Mr. Parker explained that Attorney Roberts would need to give a legal opinion because the Statute is clear that the Board appoints the fifth member and the Council approves it as a ministerial duty. Attorney Roberts advised that she would have to research the question and bring it back at the next meeting. Councilman Ford agrees and wants to discuss it after the March meeting with the fire actuary. Councilman Burnette explained Jim Reardon's appointment, but he's not happy with Frank Sheridan's approval. Councilman Burnette is comfortable with re-appointing Mr. Reardon but not Mr. Sheridan without further information. Councilman Ford asked Attorney Roberts about putting in additional rules in the ordinance. He'd like more information about that. Attorney Roberts will check into it. Vice Mayor Pohlmann addressed the issue with Mr. Sheridan’s approval. He feels Mr. Sheridan’s input and character and knowledge of the pension fund is great.

Consensus of Council is for the item to be brought back on the 4th Tuesday of March after the fire actuary presentation.


Attorney Roberts read the Florida Statute and explained that Council is to approve the board member as long as the other four members approved the appointment. Council still wants it brought up in March with an application from Frank Sheridan.




6.    Approval of Minutes

a.    January 3, 2012– Regular City Council Meeting

7.    Staff Reports - Building Activity Report and Monthly Development Activity Report for December, 2011.

8.    First Amendment to the Contract for Professional Engineering Services for Site Development with Zev Cohen & Associates for the design and permitting of the Herbert Street Sidewalk from Golden Gate Circle to Nova Road

9.    Approve an (IRC) identical requirements contract (formally piggybacking) utilizing the existing open contract established by the County of Volusia for “Temporary Employment and Employee Leasing Services, Bid #09-B-86PW” through August 2012, with the option to renew twice for one year.

10. Annual Paving Program FY2012 – Approval to Utilize Volusia County’s Contract with P&S Paving, Inc.

11. Authorization to issue a Request for Proposals (RFP) for sale or exchange of property in the Riverwalk Project Area – RFP #12-2

12. Bidder selection of Cloud 9 Services, Inc., d/b/a Fender Marine Construction for Dock Repairs at Riverside Park and three Causeway Fishing Piers pursuant to Bid B12-03


Councilman Burnette requested that Item #10 be pulled for further discussion.

Councilman Ford requested that Item #11 be pulled for further discussion.


Motion to approve Consent Agenda items 6-9 and 12 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote.


10. Councilman Burnette asked if the City would be better off bidding the Contract ourselves. Warren Pike, Public Works Director, said it’s a volume based bid so the City couldn’t do any better.


Councilman Burnette made a motion to approve item #10, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


11. Councilman Ford is in favor of a straight land swap, but his concern is about the conditions that may be put on the properties or the agreement. He'd like to see a business plan from the developer/proposer. He'd like to see financial paperwork, too. Mayor Green's concern is that it could be multiply people involved in the proposal. He thinks that will make it too complex. Councilman Burnette thinks maybe that would be putting the cart before the horse. Vice Mayor Pohlmann agrees that the Riverwalk Park is his top priority. He wants to keep it simple. Councilman Kennedy agrees, the conditions are going to be the maker or breaker of a deal. Buddy Lacour addressed Council about their offer and due diligence. He reminded Council they are not bound by accepting a proposal from the RFP. They agree to enter into discussions. He's ready to negotiate. Councilman Ford explained his concerns relating to water issues, tax increment issues, riparian rights, parking, etc. Mr. Lacour needs the previous questions answered so they can move forward with their proposal. Councilman Ford said he's never gotten anything but conceptual ideas, nothing specific. Mr. Lacour said they can turn down whatever the City and CRA don't like.

Attorney Roberts would like to check into additional language relating to the City reserving the right to negotiate per law.

Mr. Lacour advised that he is ready to move forward. He, too, is tired of waiting.

Mayor Green thought this document gave the City and CRA the opportunity to accept or reject. Mr. Lacour advised that he is here to make this work. He doesn't believe the language from Attorney Roberts is necessary. The City/CRA can reject anything offered.

A tax increment discussion was held between Mr. Lacour and Mr. Parker.


The consensus of Council is for Attorney Roberts to review the document to ensure that the City’s right to negotiate per the law is reserved and for the item to be brought back to Council at the next meeting. 



13. Citizen Advisory Committee for TPO


Bobby Ball gave the report from the monthly meeting of the TPO.


FINANCE (John Shelley)


14. Resolution No. 12-2 - Budget Resolution for Yorktowne


Mayor Green read Resolution No. 12-2.


Motion to approve Resolution No. 12-2 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.


Mr. Parker gave details of the appropriation of the resolution. There are limitations on what it can be used on.

Councilman Ford would like to see the numbers before he votes on anything. He wants to see the appraisals. Mr. Parker explained the calculations. The maximum the City will contribute is $2.4 million. The math doesn't make sense to Councilman Ford.

Vice Mayor Pohlmann asked who benefits from the land value reduction. Attorney Roberts said the whole project goes down by that amount to both parties.

Consensus of Council is to move this item to next week’s agenda.

Mayor Green asked for public comments-there were none.


Motion to move item #14 to January 24, 2012 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote.




15. Concurrency and Fair-Share Agreement & Public Improvement Agreement for the Altamira Final Site Plan & for the Dunlawton-Yorktowne Property Case No. 11-80000011


Revised Public Improvements Agreement


Mr. Parker asked for Council to accept public comment but move the item to a time certain of January 24, 2012.


Motion made by Councilman Kennedy to move Item #15 to January 24, 2012, and Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote.




16. Council Priorities


Councilman Kennedy - Riverwalk, budget issues including the Parks and Rec discussion from earlier, City Manager succession plan.

Vice Mayor Pohlmann - pension debt control, Riverwalk property exchange and park lands, lower tax rates, more proactive in expressing opinions on issues via resolutions, support small businesses in Port Orange with the Chamber, wants to see more community events, sidewalk at Herbert, support department heads and City employees. He advised that he is running for re-election this fall.

Councilman Burnette - Riverwalk with a flexible blueprint, sidewalks on Herbert St., pension debt, scrutinize board appointments specifically pension boards, succession plans especially for police and fire, Parks and Rec redevelopment, business tax expansion, jobs, more business friendly

Councilman Ford - improve the looks of the city, Riverfront trail, make Halifax and Riverside Drive more appealing, Ridgewood corridor, drainage problems on Ridgewood, make budget clearer to understand, personnel need succession planning and additions to some departments and training, hire from within more, pension debt and administrative costs in the pension plans.

Mayor Green - pension, contracts, and budgets, volunteerism, organizational charts need to be revisited. Mayor Green also announced he will run for Mayor again.


17. Comments/Concerns from Council Members


Councilman Burnette asked about weed control and median maintenance. Mr. Parker said Mr. Pike is monitoring. Councilman Burnette reminded citizens of business tax renewal. He advised that the City bond ratings have been upgraded. Town Park HOA question that came up - speed limit on Williamson with regards to the new apartment building. Councilman Burnette asked Mr. Parker about a change order for the roof. Mr. Parker said staff is working on the information and will bring it back as soon as it is together.

Vice Mayor Pohlmann mentioned new benches around the city. He disagreed with a statement said at the last meeting about the Pittman Law Group being a democrat; he believes council needs to pick a lobbyist based on merit, not party lines. Vice Mayor Pohlmann agrees with the statement that our state leaders are the ones who should be pushing local issues and by our lobbyists, particularly the Dunlawton issues. He advised that Taylor and Summer Trees has a blind spot coming out of Publix. He asks that the county look at it.

Councilman Kennedy agrees with our local leaders working for us, fences on Clyde Morris look bad, as well as the fence at the old horse farm on Hensel Road. Mr. Parker will talk to code about checking those fences out. Councilman Kennedy asked about the individual standing on the corner of Taylor and Williamson who is filming himself.

Mayor Green asked Mr. Parker about the dock repair project managers. Mr. Parker explained engineers are on staff now.

Attorney Roberts advised Council that there is a public records request for the appraisal on Yorktowne. The Resolution says it’s exempt until a certain time unless majority rule otherwise. Attorney Roberts doesn't believe it affects the negotiations. Council in agreement, produce the document.

Motion to release the appraisal made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.

Public comments: Ted Noftall - asked Council to reconsider and keep it exempt.

Irving Morrill addressed Council regarding Altamira, cautioned them about the project for Riverwalk.

Motion carried unanimously by voice vote.

Mr. Parker reminded Council that Saturday at 9am they and residents are invited to the water treatment plant for a tour and information. Actuary meeting is February 1, 2012 at 5:30pm. Impact fees for commercial will be brought in February. Changes to residential impact fees will be brought back in February. February 7th with include carry forwards. He asked Council to move the workshop on February 7, 2012 to 5pm. All are good with 5pm. Volusia Day is Feb 15th let the Chamber know if you want to attend.

ADJOURNMENT:    9:00p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager