JANUARY 15, 2013


THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 6:30 p.m.


Pledge of Allegiance


Silent Invocation


Roll Call:                    Present:                     Councilman Bob Ford

                                                                        Councilman Drew Bastian

Councilman Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green


                                    Also Present:            Shannon Lewis, Assistant City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk


Greg Kisela, incoming City Manager, introduced himself. He advised Council that Wayne Saunders has been hired as the Interim Finance Director.



4.    Keith Norden, Team Volusia


Keith Norden, Team Volusia President and CEO, introduced himself to Council and provided their 4th Quarter 2012 Update. He discussed the goals as approved by the Board in November, 2011.


5.    Project Manager’s Water Meter Update


Ken Hooper, Project Manager, provided details of his findings to date. 15% of the meters in the ground have issues. Breakdowns are occurring after two months on some meters and others last longer. Mr. Hooper said the radio read part of the transmitter is failing to read due to battery failure. The meter readers spend at least two days a week looking at problem reads. He believes there is a lot of “customer handholding” that other utility departments don’t do. 85% of the system works fine. Water loss is fairly low, and is not as high as originally thought. He believes there are 1000 meters that do not send a signal and should be corrected. There are 2500 additional meters that are suspect. Sensus has agreed to fix the registers and transmitters and upgrade them at no cost to the City (including the labor costs). There has also been a credit of $30,000 to be used how the City chooses. The servers are old. They will need to be updated soon but not immediately. Mr. Hooper suggests the first step to correct the issues would be to hire clerical assistance. Secondly, direct Sensus to handle the warranty issues. Third, purchase new servers. Next, address the tower issue in the future. Neptune meters have not had a problem. The estimated cost to follow his suggestions is $3.6 million over the time of replacement.


Mayor Green asked if any of the information promised by Sensus has been provided. Mr. Hooper said yes, some of it. There are no conditions attached to the warranty replacements. All mention of the additional 6000 meters to be required has been dropped.


Councilman Ford is hesitant to do any further business with Sensus. He likes the idea of sitting back in a few months and re-assessing the project. Replacing the warranty meters is fiscally the way to go. He asked if the leaking seal on the register has been fixed. Mr. Hooper said he believes so.


Vice Mayor Burnette also does not have confidence in Sensus. He asked how long until the City is in a normal replacement process. Mr. Hooper said the first 1000 non-reads and 2500 broken meters should be done within 6 months so that they are caught up. A few thousand meters should be replaced each year for five years to get back on track with a replacement program.


Councilman Bastian is glad the report shows there is no panic needed.


Councilman Kennedy believes movement is in the right direction. The plan needs to include replacing a few thousand meters every year from now on. He believes more than 1-2 thousand meters will need to be replaced each year. Councilman Kennedy asked about upgrading the Sensus software. Shannon Lewis explained the two issues: capacity and age. The age of the equipment is more of a concern than the capacity.


Councilman Ford asked for Mr. Hooper’s thoughts relating to the failure of the meters as the supervision, staffing levels. He would like some advice as to staffing levels. He asked Mr. Hooper to provide his opinion at a later date. Mr. Hooper agreed to provide same. He said the current Staff is swamped.


Corey Berman asked why outside servers can’t be purchased and the software transferred. Mr. Hooper said that is what’s being suggested and discussed currently. Mr. Berman asked if the tower wires could have been burnt (like tower 75). Mr. Hooper said no, it was not a circuit issue. Mr. Berman believes the two-way communication is important. He provided details relating to his experience through his business.


Ted Noftall asked for a clarification relating to the water loss. Mr. Hooper explained the issue is where the meter is read.




6.    Board Appointments

a.    Youth Advisory Board

Bailey Berman introduced herself to Council.

Motion to appoint Bailey Berman to the Youth Advisory Board was made by Vice Mayor Burnette, and Seconded by Councilman Ford. Motion carried unanimously by voice vote.

CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)


Corey Berman thanked Council for the help with the sidewalks and the fraternity house in his neighborhood.


Ted Noftall asked Council why the interviews with Staff regarding the investigation against John Shelley and Betty Barnhart were not recorded. He provided two different statements from Ms. Roberts as to who made the decision. Mayor Green said he will gather and provide the information.


Newton White believes Council should set higher standards for materiality.    




7.    Approval of Minutes

a.    January 5, 2013 – Special City Council Meeting

8.    Staff Reports - Building Activity Report and Monthly Development Activity Report for December, 2012.

9.    Change Order #1 to Contract with E.J. Ward, Inc. for the Fuel System

10. Laundering/Dry Cleaning Service for Police and Fire Personnel

11. Interlocal Agreement for Williamson Blvd. Extension between the City of Port Orange and the County of Volusia

12. Subornation of SHIP Down Payment Assistance Second Mortgage


Councilman Ford requested that Item #9 be pulled for further discussion.

Vice Mayor Burnette requested that Item #11 be pulled for further discussion.

Mayor Green requested that Item #12 be pulled for further discussion.


Motion to approve Consent Agenda Items #7, 8, and 10 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Item #9 – Councilman Ford asked if the fleet is growing by 60 vehicles and how many vehicles are currently in the fleet. Mary Anderson, Public Works Director, advised there are approx. 300 vehicles currently in the fleet. Councilman Ford asked what is being done to watch the fuel. Ms. Anderson said there will be an attachment on the containers.


Motion to approve Consent Agenda item #9 was made by Councilman Ford and Seconded by Vice Mayor Burnette. Motion carried unanimously by voice vote.


Item #11 – Margaret Roberts, City Attorney, provided changes to the proposed Agreement. Shannon Lewis, Assistant City Manager, advised that Council previously adopted a resolution approving the credit transfer.


Motion to approve the agreement with the changes as presented was made by Councilman Ford, and Seconded by Vice Mayor Burnette.


Vice Mayor Burnette asked why the insurance was stricken. Ms. Roberts said it is non-material now.


Motion carried unanimously by voice vote.


Item #12 – Mayor Green asked for details of this item. Ms. Roberts explained that this does not change the City’s position.


Motion to approve item #12 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried by 4-1 roll call vote, with Mayor Green voting no.




13. Citizen Advisory Committee for TPO


Bobby Ball provided the report to Council from the CAC for the TPO.




14. Second Reading – Ordinance No. 2012-34 - Rezoning/Planned Commercial Development (PCD) to Community Commercial (CC), Southeast Corner of Clyde Morris Blvd. and Reed Canal Road, Case no. 12-60000003


Mayor Green Ordinance No. 2012-34.






Motion to adopt Ordinance No. 2012-34 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.


Mayor Green will abstain because of Buddy LaCour’s involvement.


Motion carried by 4-0-1 roll call vote. Mayor Green abstained.


15. Resolution No. 13-2 – Ridgewood Corridor Plan Adoption


Mayor Green read Resolution No. 13-2.






Motion to adopt Resolution No. 13-2 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette.


Penny Cruz, Principal Planner, provided details of the changes included in the Plan. Revisions have been included as provided in previous meetings by the business community, Council Members, and Planning Commission.


Mayor Green said Council needs to find funding to buy out some of the blight.


Councilman Ford said this plan is a first step; a good start. It is not as aggressive as he’d like. He agrees with Mayor Green that seed money will be needed to help the area.


Vice Mayor Burnette understands the grandfathering in the zoning from the County, but he believes it’s time for changes. He thinks gateway signage is important. He believes Council and Staff need to address the motels. He wants to encourage the Port Orange Plaza to upgrade their look.


Councilman Bastian agrees that it is a good first step. He doesn’t want Council to forget about infrastructure.


Councilman Kennedy agrees it would be nice for the power lines to be placed underground, but the expense is a large one.


Public comments:


Lynn Brameral is happy to see this plan starting. She agrees this is a first step. She suggested rental properties get inspected.


Corey Berman suggests Code, Fire, and Police charge the business owners for the excessive calls to the properties.


Tom Quick applauds the plan and agrees it is a start. He believes there are two issues to be addressed: 1) grandfathering and 2) land use ordinances have not kept up with the growth.


Debbie Connors thanked the Community Development Staff and business owners to come up with the plan.


Tom Jordan applauds the plan and thanked Community Development Staff. He disagrees with the idea of low income. His opinion is it is already too low. Businesses don’t want to move into the area with low income residents.


Mayor Green asked how to do away with the grandfathering. Ms. Roberts said incentives could help. Wayne Clark, CD Director, explained that changes to zoning can be done legally.


Councilman Ford asked Mr. Clark what the code is for hotel vs. motel. Mr. Clark said they are not very clear. The Code is written broadly.


Newton White is in favor of the plan. He would like to see more emphasis on lots being joined. He asked Council to think about what they want if the plan is successful in ridding the area of the car lots, tattoo shops, and thrift stores.


Motion carried unanimously by roll call vote.


16. 12-97500004/Proposed Right-of-Way License Agreement – Halifax Health Wellness Walk


Margaret Momberger, Senior Planner, introduced Bob Williams, who provided information on the need to promote health and wellness in the community. Mr. Williams explained the walking path they are requesting permission to implement. They agree not to move forward with the markers until the City has repaired the sidewalks. He talked about the Re-New You program, which is a new health and wellness program through employers.


Councilman Kennedy is in agreement with the project.


Councilman Bastian thinks it’s a great idea. He would like some thought into lighting of the area.


Vice Mayor Burnette is in favor of the project.


Councilman Ford believes it is a good idea.


Motion to approve was made by Councilman Ford, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.




17. Discussion regarding Curbside Debris pick up


Mr. Parker provided background information on debris pick up. Staff is unable to quantify how many residents have their lawn care contractor placing debris on the curb. Staff’s recommendation is to allow the lawn mowing contractor to place debris at the curb. Mayor Green agrees as long as the contractor’s aren’t bringing debris from other cities.


Councilman Ford agrees with that concern. Mr. Parker explained there is a definition of basic lawn maintenance service already in the Code. He is not opposed to the change, just so it is clear.


Vice Mayor Burnette believes Council is making this harder than it has to be. He believes the debris is already being placed at the curb. He doesn’t believe there will be any more collected than what is happening now.


Councilman Bastian doesn’t believe there is a way to monitor and enforce people who are not complying. He agrees with the ordinance change.


Councilman Kennedy agrees. There’s no way to police it.


Mr. Parker clarified that tree removal is not included in this proposed change.


Councilman Kennedy asked about the palm tree guys in town. He believes those workers need to haul away the palm fronds. Mr. Parker says those are typically unlicensed workers and are cited when they are found.


Margaret Preston asked about vacant foreclosed properties bills. Mr. Parker said they are charged on their water bill as everyone else.


Consensus of Council is they agree to the changes.


18. Renovation and Expansion of the YMCA Facility at City Center Discussion and Direction


Ken Parker, City Manager, provided information on the plans for the YMCA renovations and expansion. Policy questions for Council to discuss and decide:


Does the City Council desire to work with the YMCA? Yes.


Does the City Council desire to work with the YMCA to expand and renovate the existing YMCA facility? Yes.


Does the City Council desire to work with them on a lease modification that would amortize the funds from the internal loan fund and the recreation facilities fund? Yes.


Does the City Council desire to use a design build concept in expanding and renovating the building? Yes.


Does the City Council desire to form an evaluation committee composed of Parks & Recreation Advisory Board members, YMCA Board members, and City Council members to review the design-build proposals and make a recommendation to City Council?


Mayor Green reminded Council that it is used as an emergency shelter for the employees and contractors.


Teresa Rogers, President and CEO Flagler/Volusia YMCA, added that the YMCA is more than a gym and swim. She advised of several of the other programs available through the facility but they are running out of room.


Councilman Kennedy agrees the change of use in the facility is a great idea and much needed.


Councilman Bastian is concerned with the parking issues. Mr. Parker advised that he and the YMCA are working on parking issues to meet codes. Councilman Bastian asked if local contractors will be used. Mr. Parker advised that it will be evaluated in a design build concept. Ms. Rogers said the YMCA projects during the past five years have been done by local contractors.


Vice Mayor Burnette agrees with the parking issues needing to be addressed.


Councilman Ford is in favor conceptually but is concerned financially. He would like City control of costs. Mr. Parker said the contract would be with the City of Port Orange as the owner of the building.


Ted Noftall asked if any feasibility statements have been. Mr. Parker said not yet. This discussion is to get approval to move forward. The YMCA has already begun working on the financial side. Mr. Noftall asked for a timeframe. Mr. Parker said they are considering February or March, but it may not make that timeframe.


Mr. Noftall asked where the numbers come from regarding the finances of the YMCA. Mr. Parker said the YMCA provided statements to the City. Mr. Noftall asked if the numbers provided are for Port Orange only. Mr. Parker and Ms. Rogers confirmed, the financial reports are just for Port Orange.


Corey Berman advised that the YMCA supports the Special Olympics. He asked if the Port Orange YMCA supports the Holly Hill


Motion to accept as presented was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


19. Fire Service/Paramedic Discussion


Mr. Parker provided details on the paramedic services as previously approved by Council. The most paramedics on staff was 29 and the lowest is 22.


Is the number of 22 where Council desires to be with paramedic staff?


Councilman Kennedy believes more paramedics on staff are needed because of the nature of the calls.


Councilman Bastian believes 26-27 paramedics would be a good number to get to.


Vice Mayor Burnette doesn’t know what the number should be. He’d like to hear from Chief Burgman. He thinks jumping to 29 right away is wrong. He thinks adding a few and then re-evaluate the number is a better approach.


Councilman Ford asked if there are any people in the department who are paramedics but not working as paramedics. Chief Burgman said there are paramedics not working as such but they are leaving the department soon. He believes a good number would be 27 paramedics. It would take some time to get to that number.


Councilman Ford suggests authorizing three additional paramedics. He would like to train current employees.


Councilman Bastian would like to see authorization of 27 as Chief Burgman suggested.


Councilman Kennedy agrees with Chief Burgman.


Corey Berman asked why not have two paramedics on each truck. Chief Burgman doesn’t have the number of calls where another paramedic is called from another entity.


Stan Hetrick asked if the firefighters are trained to handle medical calls. Chief Burgman explained that all of the firefighters are EMT trained and yes, they can handle medical calls. There are 22 trained paramedics being paid as paramedics.


Mr. Parker provided the second policy question regarding the paramedic scholarship program. There is a three year obligation after the completion of the school. Does Council want to re-establish the program?


Councilman Ford asked when the employees go to school (on shift or off). Chief Burgman said it is off shift.


Vice Mayor Burnette is in favor of the program.


Councilman Bastian is also in favor.


Councilman Kennedy also agrees.


Mr. Parker clarified that this program is not the college tuition reimbursement program.


20. City Attorney’s Report


Ms. Roberts has nothing to report.


21. City Manager’s Report


Ms. Lewis asked Council about purchasing the Summit Golf property. The owner has approached the City. Vice Mayor Burnette is not happy with the idea turn of events.


Councilman Ford would agree to discussing the price with the owner. He would be interested in the property below market price.


Councilman Kennedy agrees with Ford.


Ms. Lewis said her understanding is that negotiations would begin with an appraisal and a fair market price being determined.


Ms. Lewis provided an update on the Dunlawton project. The notice to proceed is going out Monday, January 21, 2013. There is interest from a company to purchase the dirt from the Dunlawton project. She is asking for consensus on selling the dirt. The Council consensus is to sell the dirt.


Mayor Green asked Staff to look at the tree on the corner of Spruce Creek Road and Dunlawton.


There will be a Neighborhood meeting relating to the Dunlawton project on January 24, 2013 near Powers and Ruth Street at 5:30 p.m.


The Volusia League of Cities dinner is also on January 24, 2013. Please RSVP to the City Manager’s Office.




22. Comments/Concerns from Council Members


Councilman Kennedy thanked all for their concerns during his recent medical issues.

Councilman Bastian asked about littering citations. He’d like to see the numbers of tickets issued. He’d also like the police to issue more citations. He asked police to patrol the amphitheater for skateboarders.

Vice Mayor Burnette asked about the impact fee discussion. He wants to see the number of permits last year vs. prior year and the income lost.

Councilman Ford had nothing to discuss.

Mayor Green wants to re-consider the code officers working every Saturday and Sunday. Councilman Bastian suggested a part time position for the weekends instead.

Mayor Green wants Staff to take a look at Finance moving to the old police department facility as well as the politician’s office at City Hall.

ADJOURNMENT:    9:47p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, City Clerk