MARCH 27, 2012


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:02 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.    Local Business Spotlight


Debbie Connors, Port Orange/South Daytona Chamber of Commerce, introduced Rose Shapiro, Fashion Safari. Ms. Shapiro introduced herself and her business.


5.    Report from KemperSports Management regarding Cypress Head Golf Course


Mike Collins, General Manager, provided the financial report for the golf course. Councilman Burnette asked about KemperSports' benchmarking process. Mr. Collins said they compared this golf course's financial reports with others in the area. Councilman Burnette asked if they could include that information in their reports. Ricardo Catarina advised that they could provide the comparison on a quarterly basis. Mayor Green advised that they discussed how to stay afloat during the slower summer months during their monthly Golf Board meeting earlier in the day. Mr. Collins advised of upcoming events and handed out flyers and a calendar.




6.    Spruce Creek High School Academy of Finance Advisory Board


Leesa Hollaway, Spruce Creek High School Academy of Finance, introduced herself and the Finance Academy internship program. Dylan Dill, student, introduced himself to Council and discussed his experience with a local attorney's office where he worked as an intern. Nathan Anthony, student, introduced himself and advised Council of his internship experience.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)




7.    Project Managers’ Report

8.    Proposed Write Off of Bad Debts

9.    Request for Approval to Submit Projects for the Volusia Transportation Planning Organization’s 2012 Transportation Improvement Program Priority List

10. Approval to Utilize State and Sheriff’s Association Contracts to Purchase Fleet Vehicles and Equipment


Motion to approve Consent Agenda Items 7-10 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.




11. Board Appointments

    1. Police Pension Board


Motion to remove Item #11 from the table for further discussion and appointment made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


David Strassel introduced himself to Council and provided his background. Mayor Green explained that Council is looking for someone with a financial background to work with the pension fund. Mr. Strassel advised that he has served on the board for 10 years. He has attended the trustee school and enjoys giving back to the City. He would like to continue giving back. Councilman Burnette asked Mr. Strassel how the pension plan is running. Mr. Strassel said it's running well. Councilman Burnette asked if the plan is meeting its numbers. Mr. Strassel said yes.

Vice Mayor Pohlmann thanked him for his 10 years of service.

Councilman Kennedy said Mr. Strassel has done a great job.


Maria Rickling introduced herself to Council and provided her background in accounting. She advised that she teaches pension plan information at Stetson and is well qualified to serve the City. Councilman Burnette thanked Dr. Rickling for her interest in serving the City.


Councilman Burnette asked what the term is for this position. Mr. Parker said two years.


Motion to appoint Dr. Rickling to the Police Pension Fund Board made by Councilman Burnette, and Seconded by Councilman Ford.

Motion to appoint Dave Strassel to the Police Pension Fund Board made by Councilman Kennedy. There was no second.

Motion to appoint Dr. Rickling to the Police Pension Fund Board carried unanimously by roll call vote.


All Council Members thanked Mr. Strassel for his service.


FINANCE (John Shelley)


12. Resolution No. 12-16 – Budget Appropriations


Mayor Green read Resolution #12-16.


Motion to approve Resolution No. 12-16 made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote after no public comments.


13. Monthly Financial Report


John Shelley, Finance Director, provided the monthly financial report. Councilman Burnette asked for more details in the commentary portion of Mr. Shelley's report.




14. First Reading – Ordinance No. 2012-7 – Rezoning/City of Port Orange Dunlawton Ave./Herbert St. block, east of Florida East Coast Railroad, Case no.: 12-60000001


Mayor Green read Ordinance No. 2012-7.






Motion to approve Ordinance No. 2012-7 made by Vice Mayor Pohlmann, and Seconded by Councilman Kennedy.


Tim Burman, Principal Planner, advised Council of the staff recommendation. There were no public comments.


Motion carried unanimously by roll call vote.


PUBLIC WORKS (Roger Smith)


15. Validation of PO#066346 issued to Stellar Pavement Marking Incorporated


Mr. Parker gave the background of the issues relating to the contract and the purchase orders of Southeast Pavement Marking and Stellar Pavement Marking. The company changed from Southeast to Stellar and the name change was not brought before Council. No increase in contract values/items were brought to Council. When the bill was submitted to City Staff, it was discovered that there was no authorization to use the Palm Coast contract pricing and the invoice was rejected. John Shelley, Finance Director, explained that the pricing had not changed because the request had not gone through the process. Mr. Parker explained that Staff spoke with Jan Parsons, who was not aware of any name or price changes or any discussion of the same. Mr. Shelley discussed this item with Warren Pike and Mr. Pike could not recall any discussions relating to this item either. Mayor Green asked for the differential in costs from the Volusia County pricing and the Palm Coast pricing. Mr. Shelley said $14,300. Mr. Parker advised that Stellar has performed the work and it was done properly. Vice Mayor Pohlmann asked if the rate is in line with the industry standard. Mr. Shelley said yes, it was competitively bid. Councilman Burnette doesn't believe Council has enough evidence that the Palm Coast bid is in fact in line with the industry standards since Council doesn't know how many bids were received. Councilman Ford asked if any Staff members knew of the change. Mr. Parker explained that Mike Silvey discovered the discrepancy when the invoice came in stating Palm Coast pricing. Gary Levoy, Stellar Pavement Marking, addressed Council and advised of his efforts to notify the City of the change from the Volusia County contract to the Palm Coast contract.

Mayor Green believes there was a miscommunication about the pricing. He doesn't have a problem with the unit pricing. Mr. Parker advised that the question is does Council want to approve the $14,300 payment to Stellar and bid any future markings. Councilman Ford wants to be assured that plans are in place for training employees properly in the future.

Motion to approve the invoice using the Palm Coast pricing and validate the Purchase Order to Stellar Pavement Marking, Inc. made by Councilman Ford, and Seconded by Vice Mayor Pohlmann. After no public comments, the Motion carried with a 4-1 roll call vote. Councilman Burnette voted no. 




16. Comments/Concerns from Council Members


Councilman Kennedy asked for a solution relating to the wall at County Inn and Suites. Mr. Parker advised that the owner has been advised that they must complete the wall or appear before the code board.

Vice Mayor Pohlmann asked about the signs at Taylor/Summertrees. Mr. Parker advised that the county suggested the City pay $3,000 to put a no right turn on red light on Summertrees, and the City has agreed.

Councilman Ford asked what can be done to stay on top of the issues in Commonwealth. He would like an officer assigned to the area. Mr. Parker said some of the current problems are the alleys that are private. Code officers can only look from the street. Some of the residents in that area are afraid to report issues because of retaliation. Councilman Ford asked about the permitting process. Mr. Parker said he will provide backup materials on the Riverwalk boat permits.

Legislative update given by Mr. Parker and Mayor Green relating to the Dunlawton project/funding.


17. City Council Committee Reports

a.    City Investment Committee – Mr. Parker reported that the meeting is in April.

b.    Transportation Planning Organization (TPO) – Councilman Ford reported that there is some concern about new legislation relating to highway funds, which are equal to previous amounts but they are lumping the money together for all project types.

c.    Library Advisory – Councilman Kennedy said the Library Board met and continues to be the second busiest library in the area. There are programs coming soon.

d.    Municipal Firefighters Pension Board – Vice Mayor Pohlmann reported that the recent report is good; there was an increase in value for this quarter.

e.    Municipal Police Officers Retirement Trust- Councilman Kennedy advised that the full report is coming next week. Their next meeting is in April.

f.     General Employees General Retirement Trust – Councilman Ford advised that the meeting was Monday, March 26. The report is good for now. The Board removed a fund manager to help improve the rate of return.

g.    YMCA – Vice Mayor Pohlmann reported that the YMCA is $35,000 in the black for the calendar year, and they are outgrowing their facility. Mr. Parker advised that he met with the regional chair and the executive for the YMCA and they are looking to form partnerships so they can expand. They want a 100,000 sq. ft. facility. Discussions with the YMCA administration are continuing to see what is needed.

h.    Volusia Council of Governments (VCOG) - Mayor Green reported that there was discussion relating to Cudas Unhooked. He will provide additional information regarding the program to Council members.

i.      Volusia League of Cities – Mr. Parker reported that the meeting was last week. Fred Costello was the speaker; he gave update on legislative session.

j.      ArtHaus – Councilman Burnette reported that the Fun and Funky dinner is coming and reminded all that the ArtHaus is in need of financial assistance.

k.    Port Orange/South Daytona Chamber of Commerce – Councilman Burnette reported that the business visits are continuing and the surveys that Council requested are almost done.

l.      Golf Course Board of Directors - Mayor Green reported that the Board discussed reinvestments at the Golf Course.

m.   Communications Interlocal Agency (CIA) - Mayor Green reported that the CIA/RCC is still being phased out.


ADJOURNMENT:    9:49p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager