NOVEMBER 7, 2012


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 Dennis Kennedy

                                                                        Mayor Allen Green


                                    Absent:                      Vice Mayor Bob Pohlmann


                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, Deputy City Clerk




4.    Youth Advisory Board’s Quarterly Report


Jonathan Montes de Oca provided details of the Youth Advisory Board activities. They are working on member recruitment. Members voted to work with the Port Orange Victim's Advocate on the Santa to the Rescue project. They will be accepting unused toys, food, and money for the project, which can be donated to the victims advocate's office by December 11. Youth Members will be attending other board meetings within the City. The Board members discussed synthetic drug issues and asked what the City's plans are for an ordinance. Mr. Parker said it is on the Council Agenda for December 4th. Mr. Montes de Oca said the Youth Board would like to help with it. They'd also like to help with the Parks Board regarding the skateboard park. Mayor Green said New Smyrna Beach wants to start a youth program as well and will be contacting him for input. Councilman Kennedy is glad they will be involved in other boards. He congratulated Mr. Montes de Oca on his new position. Councilman Burnette agrees and believes education is the most powerful deterrent to drug use. Councilman Ford said thank you. Mayor Green also thanked them for getting involved.




5.    Marcel Fournier – Yard Waste Issue


Marcel Fournier addressed Council regarding the yard waste issue in SummerTrees. He said many of their residents are 65 and older and cannot do the yard work. They hire a licensed and insured contractor to work in their own personal yards. He doesn't see where there would be any additional costs since the hauler is already going to the homes. He suggests Council approve an amendment to the ordinance to exclude 55 and older communities from getting charged for personal yard waste, not removal of trees by contractors.


Councilman Kennedy asked for the definition of yard waste as it relates to this issue. Mr. Parker explained trimmings, palm fronds, grass clippings. The difference is if a resident hires someone or does it themselves. A hired contractor is required under the current code to haul away the debris.


Councilman Burnette doesn't see that it's an age issue. Everyone is paying for unlimited service. He believes yard waste and yard clippings should be taken. He doesn't believe it will be a large change.


Councilman Ford asked how much more will it cost. If nothing, he is good with it. If it will cost more, he needs the figures before he can decide. Mr. Parker said he will look at the contract. He recalls the contract says unlimited yard waste.


Mayor Green said they will get more information and decide.


Anne Catinna spoke to Council regarding yard waste issues in SummerTrees. She requests that Council retain the ordinance as written.


Newton White spoke regarding the yard waste. He feels citizens are already paying for unlimited service so the ordinance should be changed.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Newton White also spoke with Council about the video postings being posted to the website late.


Ted Noftall addressed Council regarding Staff providing revisions late so that the public does not have a chance to see. Mr. Noftall asked Council to set a deadline.


Corey Berman addressed Council regarding the meetings. He suggests that ADA guidelines be looked at for those who are not able to attend meetings. He also spoke about fire staffing levels. He is against brown outs and low staffing levels. He advised that he has filed complaints to look into the issues with the City. He would like to know if there is a keystroke logger on Betty Barnhart's computer from her access to her office and computer after she was suspended. He believes there was more than one letter in her hand when she left. He asked about the cash deposits that appear to be missing or incorrect. He asked Mayor Green to step down.




6.    Approval of Minutes

a.    October 11, 2012 – Special City Council Meeting

b.    October 16, 2012 – Regular City Council Meeting

7.    Construction Activity Report

8.    Parks & Recreation Project Updates

9.    Crime Report

10. Sixty Day Temporary Extension of 2011-2012 Contract with TruGreen until bid can be completed


Motion to approve Consent Agenda Items 6-10 was made by Councilman Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.




11. Purchase Sensus Flex Net Metro50 Equipment (Metro TGB 50) that will read City Meters and transmit water consumption (Tabled October 16, 2012)


This item remained on the table.


FINANCE (Stella Gurnee)


12. Resolution No. 12-70  - Budget Appropriation of the JPA with FDOT


Mayor Green read Resolution No. 12-70.






Motion to adopt Resolution No. 12-70 was made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote after no comments.


13. PFM Asset Management, LLC Annual Investment Performance Review


Steve Alexander, PFM Asset Management, LLC, reviewed the annual investment performance. He advised Council that there is a guaranteed account program that is expiring on December 31. This may cause interest rates to decrease further. Last year they looked at duration of the portfolio. They have worked to push maturities out until 2014-15 to capture a little better return. City’s investments are all in fixed asset accounts.


Councilman Kennedy asked what the average term is for the investments and are there dollar amounts that generate differently. Mr. Alexander said 1.55 years. A good portion of the 44.8% is invested in 2-3 year area. He wants a little more in there and 3-4 year curve. 10-20 basis points is the difference.


Councilman Burnette said stability is good for this portfolio. He doesn't want anything longer than 1-3 year investments.


Councilman Ford inflation is going to be increasing. Mr. Alexander said if inflation kicks up, they will adjust the portfolio to shorten the duration as they have done in the past.


Mayor Green asked for public comments; there were none.




14. Centennial Celebration


Susan Lovallo, Parks and Recreation Director, provided details of the Centennial Celebration coming up next year. She thanked those on the committee. She needs Council's thoughts, ideas, and logo choice.


Mayor Green asked Ms. Lovallo to provide them with the pictures to review. Councilman Ford likes the logo with the hotel. Councilman Burnette doesn't like the third choice with the dock and river. Councilman Kennedy likes the first choice (hotel) and the third (dock and river). Mayor Green likes the hotel.


Ms. Lovallo advised Council that the celebration will be all year long, with a calendar provided quarterly. The committee is in need of recipes for a cookbook. The recipes can be given to the Parks and Recreation staff. The Port Orange Camera Club is working with them on four postcards. They will also be doing a calendar for 2014 of the events throughout the celebration. The committee is very creative. They have a lot of great ideas. They are looking at spotlighting 30+ year old Port Orange businesses. March 17th is the main event at Riverwalk.


15. 4th of July 2013 Discussion


Susan Lovallo asked if there were any questions regarding the information she provided. Mayor Green said Brendan Galbreath had an idea of parking south of Dunlawton. Mr. Galbreath said he would donate $10,000 if it is moved to Riverwalk.


Councilman Kennedy would love to see it at Riverwalk, but understands the parking issues. He'd like to see it at the river if at all possible.


Councilman Burnette agrees, but not sure it will work logistically with 56,000 people now. The costs involved wouldn't work either.


Councilman Ford said it is a rough year for the City to worry about moving the fireworks to the river. He would like to start small in that area. He was impressed with the 1/2 marathon event. There is a lot of work to do before a big event like this.


PUBLIC SAFETY (Jerry Monahan)


16. Resolution No. 12-71 - Traffic Enforcement Agreement with Cypress Head Residential Homeowner’s Association, Inc.


Mayor Green read Resolution No. 12-71.






Motion to adopt Resolution No. 12-71 was made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried unanimously by roll call vote after no public comments.


17. Resolution No. 12-72 - Traffic Enforcement Agreement with Spruce Creek Homeowner’s Association, Inc.


Mayor Green read Resolution No. 12-72.






Motion to adopt Resolution No. 12-72 was made by Councilman Kennedy, and Seconded by Councilman Burnette.


Councilman Burnette wants to make sure Staff is respectful in the neighborhood and that it is not a hideout for employees. Mr. Parker said there is GPS on all of those vehicles and Parks monitors the employees.


Motion carried unanimously by roll call vote after no public comments.




18. Forestry Management Discussion


Shannon Lewis, Assistant City Manager, advised Council this item is up for discussion because the contract will expire in February, 2013. This would be the time to re-bid it should the Council decide to go that route. The 416 and 420 Funds were discussed. An estimate of $57,000 is needed for CPH for management, Smoking Hunt Club mowing expense is $15,000, BCS $8,650, and lake management $32,000. Professional services cost is $112,650.  The options were discussed. It makes sense to put lake, forestry, mitigation management services together; whether it's done in house or another RFP is done. Ms. Lewis said contract employee could be more proactive throughout the city and with the Environmental Advisory Board and could provide the same or greater amount of service or less expense for the same service.


Councilman Ford would like to look at hiring a contract employee (part time or full). He would also like to review what services are really needed. He received some calls about the lakes not working. They are taking water well but not returning it. Mr. Parker will provide information. Ms. Lewis said timbering is not the only service provided.


Councilman Burnette wants to break even with the area with proper management. He favors policy considerations 1 and 2 but would like to know the costs. He is good with in house, too.


Councilman Kennedy would like to explore the timber options.


Steve Edgar answered Council's questions regarding the timber issues. There is improvement in the timber market because of Hurricane Sandy. The majority of income is not from timber anymore though; it’s hunting lease and mitigation bank. He has not given up on the timber.


Councilman Kennedy wants to break even too and further the efforts of the timber sales. Mr. Edgar explained the mitigation vs. timber management.


Ms. Lewis said she needs direction whether Council wants an RFP or information on a contract employee. Mayor Green said put both together to compare prices and services.


Ted Noftall renewed his objection that this is serving a private hunt club but should be open to the public. Mr. Noftall asked if there are problems with the reclaimed water concept. Mr. Parker said yes, there have been problems with the sock product. Mr. Noftall asked for disclosure of the problem. Roger Smith, Public Utilities Director, said the socks have not yielded the results as expected with design, which is why staff has moved forward with the permitting of the lake system project in the CIP. He said the employees in Public Utilities optimized the sock system. Mr. Noftall asked for a comprehensive report. Mr. Smith said there are reports monthly.


Corey Berman asked if the hunters are using steel shots or lead that is contaminating the waters. Steve Edgar answered that the steel shots are for hunting water fowl, and doesn't apply because they are not hunting water fowl there.


19. Doris Leeper Spruce Creek Preserve – Update on October 1st Facilitated Meeting and Subsequent Activities


Donna Steinebach, Assistant to the City Manager, provided Council with the update regarding the Doris Leeper/Spruce Creek Preserve issues. She asked Council to formally accept the report from Marilyn Crotty. Volusia County notified Staff that they will be providing a report to the County Council on November 15. Ms. Steinebach said the tree ordinance amendment discussed at the meeting on October 1 is currently being reviewed by the Planning Commission. A draft ordinance was provided in the agenda packet for Council’s review and a special meeting of the Environmental Advisory Board has been called on November 13th. Mr. Parker advised that the state has advised that the proposed tree ordinance is too restrictive. Ms. Steinebach confirmed that and stated they believe it is too narrowly tailored to the DLSCP property. She said her reply to the state and county was that this ordinance reflects what Ms. Crotty's report detailed as the agreement between the stakeholders. She advised that there was agreement at the meeting to increase the buffers. She believes the state and county are still planning to follow the map as provided in the agenda packet.


Councilman Ford had no comments except he commended the stakeholders for the efforts.


Councilman Burnette was impressed with the flow of the meeting on October 1. There was a focus of a goal.


Councilman Kennedy is glad to see the 50 foot buffer. He doesn't think 25 ft. is sufficient. He wants to know where the County is with the buffers. Ms. Steinebach said she doesn't believe they have made any changes to the buffer map since the agenda packet materials. She said the 25 ft. buffer in zone B is on the western most side but the other parts further north will have significantly more. The 7/10th trail will have 25 ft. buffers with tall trees removed and then the trail will be moved south of zone D.


Suzanne Kosmas, Spruce Creek Preserve, spoke as to the agreement. She appreciates the City's involvement. She doesn't feel like the report reflects what she feels really happened at the meeting. She is concerned that the tree ordinance is attached to a habitat restoration plan. She asked what the official position of the City is and is the Mayor going to present that position to the County Council.


Councilman Kennedy said Mayor Green is a tree-hugger and knows best for the city. Councilman Burnette agrees. He asked who approves the habitat restoration plan. Margaret Roberts, City Attorney, said the County prepares it and sends it to the state, where the committee can approve and/or ask for it to be placed on an agenda. Ms. Roberts said the ordinance is in this Council's hands. Councilman Burnette asked if historic trees are going to be affected in this area. Ms. Roberts said the proposed tree ordinance does not permit historic trees to be affected unless they are diseased or dead.


Joie Alexander thanked the Mayor and Staff for taking the initiative to work together. She said the majority of the stakeholders were happy with the compromise. She believes they are all moving forward in the right direction.


Mayor Green said the stakeholders have come a long way from where they started.


Clay Henderson also thanked the City for their work. He believes Ms. Crotty did a great job. He didn't hear anyone object to the agreement. He thinks the City should go to the County Council with endorsement of the agreement.


20. Renewal of Annual Contract for Construction and Concrete Sidewalks and Curbs with Sparks Concrete


Mayor Green said with the contract being voted down, there is now no contract for concrete work.


Motion to reconsider the renewal of annual contract for construction and concrete sidewalks and curbs with Sparks Concrete was made by Councilman Kennedy, and Seconded by Councilman Burnette. Motion carried 3-1 by roll call vote. Councilman Ford voted no.


Mayor Green is concerned about the fact that there is no contract and it must go out to bid for any repairs. Mr. Parker said emergency repairs will be done by in house Staff. Staff is prepared to go out to bid.


Mayor Green asked Roger Smith, Acting Public Works Director, to discuss responsiveness and quality of service of Sparks Concrete. Ms. Smith said Sparks Concrete has consistently provided timely and good service. They have provided excellent, good quality work.


Jim Morris, Attorney for Sparks Concrete and Billy Sparks. He spoke about the bidding process, flood zones, building, being a good neighbor, etc. He believes there was an inherit mistake based on an incorrect perception.


Councilman Kennedy said he recalls the reason for voting down was the utilization in flood plains. Mr. Morris said yes it was Councilman Ford's opinion. Councilman Kennedy said it seems like small jobs. Mr. Morris said the City issued permits and approved the use of the property. There is no output into the wetlands. Councilman Kennedy asked if there is an active DEP permit. Mr. Morris answered yes. Councilman Kennedy said his perception was more of a Rinker type of project. It is not as big a problem as he understood it previously.


Mr. Parker called Council's attention to the item in the packet. In front of Council tonight is the renewal of a competitively bid contract extension. It is at the discretion of Council to extend the contract or re-bid it. It has nothing to do with zoning.


Councilman Burnette is in favor of competitively bidding contracts. He is concerned with silt in the area. Mr. Morris said there is no outflow at this sight. The materials are hardened and go to recycling.


Councilman Ford said it is the wrong place for this type of business. He doesn’t want to support a business that is adding to the problems. Mr. Morris said he is wrong. The source of the muck and the contamination came from stormwater runoff from residential units along Riverside Drive and everywhere else. Those residences are also in the wrong place.


Mayor Green said Rinker is a $3 increase.


Mr. Parker said the original motion is on the table. Motion to approve the extension to the contract with Sparks Concrete is on the table.


Jim Wagoner, Town Park HOA President, said this is a bad time to not continue. They do great work. Public Works can't keep up.


Motion carried 3-1 by roll call vote. Councilman Ford voted no.


21. Update on Water Meters and Billing


Mr. Parker asked if the status report format provided is what Council wants to see. Staff will update the report every Thursday and provide it to Council. He asked if there are any other items to be added. Councilman Ford is interested in information on the mailer. Mr. Parker said it's covered and will be coming forward to Council. Councilman Ford asked where we are in the investigation. Mr. Parker said the report will be provided next week. Ms. Roberts said affidavits are still in progress and will be provided on or before November 19, 2012. Councilman Ford asked about Betty Barnhart coming back because the month of suspension with pay is up. Mr. Parker said the assignment will be made tomorrow. She cannot go to Customer Service, Finance, or Public Utilities. She cannot go anywhere that is being investigated.


Councilman Burnette asked if the rate tables have been corrected. Stella Gurnee, Comptroller, said yes, bills were delayed but have gone out. They are back on track with timing of the bills going out. Councilman Burnette asked if there were any other problems with the rate tables. Ms. Gurnee said there was a change in 2009 that was made but should have been made in 2007 for Daytona Beach Shores apartments, which was a $200,000+/- mistake.


Councilman Ford asked about a box where mailings come back. Ms. Gurnee explained the box is for returned mailing so that addresses can be updated in the system.


Councilman Kennedy said Council needs to talk about how the audit is going to be handled. What are they going to do with the information and how are they going to get the information from the audits? He wants the information to come to Council first. He doesn't feel comfortable about any of these issues. He keeps wondering what's next. He asked what the dollar amount is right now of the losses.


Mayor Green asked how often the auditor reports to management. Mr. Parker said he's working on the report. He has given little details at this point because they are still working on it.


Mayor Green said they need more information regarding additional personnel. Mr. Parker said the Customer Service Manager role is needed. Ms. Roberts needs additional support. Two interviews have been done for a Project Management firm for the meter project. The investigation is proceeding; however, more information needs to be researched because of the additional information found today.

Mayor Green asked what help the City Attorney’s office needs. Ms. Roberts said the help that was authorized for mid-year is needed now. She said she is currently using temporary services to try to keep up. There were no objections from Council.


Mayor Green asked if the spreadsheet is good with Council. Councilman Burnette said he would like to see the warranty separated out of the battery issue. Mr. Parker said ok.


Councilman Ford doesn't know all the problems so he’s not sure if the spreadsheet is good. He wants to know who did what wrong, policies violated, what went wrong so it doesn't happen again.


Corey Berman asked that everything sent to the Council be sent to him because he is working with FDLE, the Department of State, and the Governor’s office. He believes this is bigger than the City can handle.


Mayor Green asked if Finance’s needs have been met. Mr. Parker said they are working on filling the positions. Mr. Parker said there is an IT issue as well. Staff is moving forward with additional help on the AS400 system. They are hiring another individual. Councilman Burnette asked about an Interim Finance Director.


Corey Berman asked who is coming back and who backdated the information. Mr. Parker said Betty Barnhart is coming back because the 30 days is up according to the Civil Service Rules, and Ms. Barnhart is the one who backdated the information in the system. Criminal charges are being investigated.


Ted Noftall asked how this current issue (backdating) was detected. Ms. Gurnee said the investigative auditors asked IT to try to restore the backup tapes on the AS400 to see if there were any changes to the rate tables.


Mr. Noftall asked if there was a collapse in internal controls. Mr. Parker said the process is different now. Mr. Noftall asked what the process was then. Mr. Parker explained that the Customer Service Manager inputted the information and then it was to be reviewed by a Customer Service Representative. It was all reported to the Council about three weeks ago. Councilman Ford can’t believe one person really was allowed to accept cash and make changes.


Mr. Noftall asked who is preparing the affidavits. Ms. Roberts said the outside attorney. Mr. Noftall asked about John Shelley’s suspension. Mr. Parker explained that Mr. Shelley is not on suspension. He is on vacation leave and will be retiring in January. Mr. Noftall asked about Betty Barnhart’s suspension. Mr. Parker provided details of Ms. Barnhart's suspension. She will be receiving direction to report to work by the end of the week. Mr. Noftall is having trouble with Mr. Parker's comment about John and Betty. He quoted Mr. Parker’s comment “He will not shift or deflect blame to either John or Betty as both of them are honorable people and have served this community for years.” He wants to know how he can be involved in this process. Mayor Green wants the investigation to be completed. He needs the full information. Mr. Noftall said Mr. Parker is going to be making the decision. He believes the knowledge discovered was widely known by management and staff.


Councilman Burnette believes there needs to be accountability.


Mr. Noftall said Staff needs to hire a Finance Director. Mayor Green asked Mr. Parker what needs to be done to hire a Finance Director. Mr. Parker said the advertisement is ready.


Corey Berman said Council should fire Betty Barnhart and asked why she is coming back. Mayor Green answered it is not up to Council to hire and fire and she is coming back because of the Civil Service Rules. Ms. Roberts said the hiring and firing of any employee is directed by Mr. Parker. She advises Council to let the process in place proceed through.




22. Comments/Concerns from Council Members


Councilman Ford is concerned with code violations that he reports to Staff. He wants an update after they go out so he can reply to the residents.


Councilman Burnette said the meeting at Royal Palm brought some concerns. He'd like Staff to be prepared to address those concerns at next week’s meeting. He would like to make arrangements to reserve Council Chambers for an organizational meeting for an HOA coalition. He thinks there should be someone from CD/Code to talk to them. He wants neighborhood grant info discussed.


Councilman Kennedy congratulated Drew Bastian on his election to Council. He will miss Mr. Pohlmann. Drew Bastian thanked everyone for the support. He promises to work hard to do a good job.

Mr. Parker reminded Council of the Employees’ Awards Luncheon on Friday at 11:30 a.m.

Brian Spies thanked Councilman Kennedy for acknowledging Drew Bastian’s election win.

ADJOURNMENT:    10:18 p.m.



                                                                                    Mayor Allen Green





Kenneth W. Parker, City Manager