MARCH 6, 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.    Port Orange/South Daytona Chamber of Commerce Quarterly Report


Mayor Green asked Debbie Connors to submit a logo, information for the local business spotlight each month. Mr. Parker also suggested that Kent Donahue go to the business for an interview the week of the spotlight.


Debbie Connors, PO/SD Chamber, presented the Chamber's report (written and verbal). Councilman Burnette discussed the funding for the Chamber and the concerns to preserve it. Mr. Parker reminded Council that the Southeast Advertising Agency also includes campgrounds.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Jim Cameron provided information from Volusia Days. He thanked Councilmen Burnette and Ford for participating.


Suzette Evans, Port Orange resident, addressed Council regarding an assault case and costs for public records. She asked Council to waive the fees for her public records requests of $10.00 per DVD total of $30.00. Attorney Roberts advised that she should discuss her request with the City Manager. Mayor Green said Mr. Parker will contact her.


Rhonda Evans, Port Orange resident, addressed Council regarding the need for a market on Saturday mornings on the east side of the City. Mayor Green asked her to contact Mr. Parker to discuss the options.


Melissa Barrick addressed Council regarding Warren Pike's termination. She feels it was extreme and unjust to terminate him.


Richard Marsh thanked Mr. Parker for his direction in meeting with Wayne Clark and his staff. He advised Council of his business and that he is looking to open a new store in Port Orange.




5.    Approval of Minutes

a.            February 21, 2012 – Special City Council Meeting (Public Safety Workshop)

b.            February 21, 2012 – Regular City Council Meeting

6.    Project Update/Parks & Recreation

7.    Construction Activity Report

8.    First Amendment to the Public Improvements Agreement for the Altamira & Dunlawton-Yorktowne Property

9.    Validation of Emergency Change Order for Odor Control Unit Refurbishment at Wastewater/Reclaimed Facility

10. Final Change Order #1 to Existing Contract with Miller Pipeline Corp. for Sanitary Sewer System Rehabilitation Work

11. Change Order #1 to our Sanitary Sewer Rehabilitation (Piggyback) Contract with Danus Utilities, Inc.

12. Special Exception/ABC Liquors, Inc.

13. Daytona Frogman Triathlon

14. City Attorney’s Report


Mayor Green requested that items #8 and #12 be pulled for further discussion.


Motion to approve Consent Agenda Items #5-7, 9-11 and 13-14 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Item #8 – Mr. Parker explained the item. The Council’s approval is contingent upon Attorney Roberts receiving specific documents. Attorney Roberts explained the documents are due on March 8th at 3pm. There were no public comments.


Motion to approve Item #8 contingent on Attorney Roberts receiving the documents requested made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. Motion carried by roll call vote.


Item #12 - Mayor Green asked Tim Burman, Principal Planner, to explain the special exception. Mr. Burman explained that the issue is parking spaces. There will be 61 spaces if approved. There are 61 spaces as already approved now. The difference is 10 of the ABC parking spaces will be on the other lot (proposed bank lot). Mayor Green asked for public comments, there were none.


Motion to approve the Special Exception as presented by Staff made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried by 4-1 roll call vote. Mayor Green voted no.


FINANCE (John Shelley)


15. Resolution No. 12-13 – Revising rates for residential garbage, recycling, and yard waste, energy charge, and landfill fee, thereby replacing and superseding Resolution No. 11-38


Mr. Parker discussed the rate adjustment proposed relating to solid waste. Waste Pro is lower on the residential side but higher on the commercial side. Mr. Parker asked for direction on the resolution. Mayor Green wants to see the commercial prices adjusted to what's reasonable. Councilman Kennedy agrees with Mayor Green. He'd like the residential rates to stay the same and see the commercial rates lowered. Vice Mayor Pohlmann agrees. Councilman Burnette is concerned about the availability fees. Mayor Green disagrees. Discussion was held regarding the availability fees. Mr. Parker advised that the next meeting will have a full discussion relating to availability fees. Mr. Parker asked for a consensus of Council. Consensus is to balance the rates. Commercial rate will not be raised and residential will not be lowered.

Mr. Parker explained the issue with Summertrees subdivision's yard waste pick up. Their HOA has a company trim their trees and handle yard maintenance. Summertrees is asking that the Ordinance be changed so that they can have yard waste pick up in one central area. The homeowners all pay for service at their properties. The yard waste has been picked up for 22 years but the Ordinance does not match that practice. Consensus of Council is to fix the Ordinance. Marcel Fournier, President of HOA, gave details of the misunderstanding with Waste Pro. Ted Noftall, Port Orange resident, asked about the left over money since the rates are lower than the CNG rates. Mr. Parker advised that the rate resolution will be presented on March 20, 2012 and will address that question.




16. Comments/Concerns from Council Members


Councilman Kennedy asked about the process for Mr. Parker's replacement. Mayor Green advised that a committee needs to be formed, and figure out the interview schedules. Mr. Parker said he will provide options to Council and ask Howard Tipton and others to address Council in early April.

Vice Mayor Pohlmann asked for information from the police department relating to spot checks in the local bars. Mr. Parker will have Staff provide a report.

Councilman Burnette asked about the mow frequency on the medians. Mr. Parker advised that the change is coming April 1st. Councilman Burnette asked about fleet maintenance cost sharing with neighboring cities. Mr. Parker said the City had done that before with South Daytona and there was an offer from Volusia County. He will provide more information. Councilman Burnette advised Council that Arthaus had an art show, and he'd like to see some displayed at City Hall. Mr. Parker will call and ask, they usually display artwork in April.

Councilman Ford is concerned with Bike Week coming up. He discussed the purchase of properties on Ridgewood Ave.

Mayor Green advised that Palmer will be doing some fundraising soon.

Mr. Parker advised Council that there are more special event permits issued this year than previous years. Mr. Parker advised that Dunlawton is moving through the State's budget process. Staff will be setting up workshop sessions with the Chamber regarding home based business licenses. The Riverwalk proposal question period is up on March 9th.

ADJOURNMENT:    8:41p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager