FEBRUARY 5, 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:            Greg Kisela, Incoming City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk




4.    Police Recognition Awards


Chief Monahan and Asst. Chief Miller presented a Citizen Commendation to Clifford Clark and three Awards of Merit and two Awards of Achievement to police officers.  The 2012 Police Officer of the Year was also presented to Detective Jeff Wenzel.




5.    Board Reports

a.    Environmental Advisory Board

Susanne Grubbs provided the Environmental Advisory Board report. The Board is recommending Council prepare a community garden on City owned property.  Mayor and Council members thanked Ms. Grubbs for her service.

b.    Parks & Recreation Advisory Board

Jack Wiles provided the Parks & Recreation Advisory Board report. The Board recommended a kayak and canoe launch at the end of Spruce Creek Road or north of the Chamber of Commerce building in Riverwalk. Their first choice is the Spruce Creek Road property. The Board discussed youth golfing with Mike Collins, General Manager of Cypress Head Golf Course.

Councilman Kennedy asked what the County’s opinion is on the Spruce Creek property. Mayor Green they were against it because of the traffic in the area and the parking issues.

Councilman Ford invited Mr. Wiles to the next golf board meeting.



6.    Alliance of Port Orange Homeowner’s Association – Karen Koch


Karen Koch updated Council regarding the Alliance. She advised that the Police Department has provided the organization with $2,500 for start-up. She requested $1,000 from Council to help with start-up, as well as waive the fee for the use of Lakeside Center on June 8, 2013.


Councilman Ford believes this is a good way to assist the community. Mayor Green believes it is the consensus of the Council to assist.


Vice Mayor Burnette asked Mr. Kisela if there is a de-commissioned laptop that the Alliance can use until they can buy their own.


Councilman Bastian thanked Ms. Koch for her work.


Councilman Kennedy believes this Alliance will be a great addition to the community.


Mayor Green asked Mr. Kisela to provide Council with the appropriation for the $1,000 start-up.


CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)


Tracy Grubbs talked to Council about traffic issues in their neighborhood. He has discussed the issue with the police department and the excuse is personnel. He’s requesting a police presence in the neighborhood. Mayor Green asked Chief Monahan for a report on the area.


Richard Basinger has the same issue: traffic problems in the Cross Creek area.


 Ted Noftall addressed Council regarding the Council’s meetings with Mr. Kisela at Riverwalk. He asked for a report on the meetings. He also asked for an update on the investigation regarding the documents shredded in or around John Shelley’s office after his suspension.


Mayor Green advised that the meeting today was listening to someone’s concept. There were no promises made. Mr. Kisela replied that it was also to update him on the issues with the area.


Corey Berman requested that Mr. Parker become a consultant and Mr. Kisela become the full-time City Manager.  Mr. Berman asked if the PIO was present at the FBI investigation on Dairy Court. He asked that the PIO check on the message board; half of it is out. He advised Council that he has rented another building in Port Orange and applied to serve on the Eastport CRA Board.  He also voice concerns with the re-hiring of the Purchasing Manager. He volunteered to help Ms. Koch with foreclosures.




7.    Approval of Minutes

a.    January 15, 2013 – Regular City Council Meeting

8.    Construction Activity Report

9.    Parks and Recreation Project Updates

10. Electrical Services Contract Change Order #3 with Stewart’s Electric Motor Works, Inc. and Purchase Order Work Authorization

11. Neptune Water Meter Purchase

12. Florida Detroit Diesel – Allison, Inc. Repair Authorization and waiver of bond requirements

13. Award Bid 13-2, City Hall Exterior Painting and Window Sealant and Interior Door Refinishing to Vintage Painting Company

14. Pump Station Purchase (Flygt Submersible NP 3153/463 – Dual 20 HP Pumps) Cypress Head II – PS #8 Pump Station Rehabilitation/Conversion Project

15. Professional Piping Services, Inc. Service Agreement – Potable Waterline Pipe Cleaning (Pigging) Project within Daytona Beach Shores


Motion to approve Consent Agenda Items #7-15 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy. Motion carried unanimously by roll call vote.




16. Resolution No. 13-5 – Fire and Recreation Impact Fee Reduction


Mayor Green read Resolution No. 13-5.






Motion to adopt Resolution No. 13-5 was made by Councilman Ford, and Seconded by Councilman Kennedy. 


Mr. Kisela advised that this Resolution is to extend the reductions Council implemented last year. There is no evidence that the reduction had an impact on new development.


Councilman Kennedy suggested the item be tabled so they can review the information provided earlier via email.


Councilman Bastian agreed.


Mayor Green disagrees with the concept of reducing the fees.


Vice Mayor Burnette believes the reduction helped to show businesses that the City is open for business. He suggests cutting back the cuts this year but maintain a small break.


Councilman Ford believes this discussion should be part of a larger discussion. He agrees with tabling the item. He is in favor of extending the cuts. He agrees with Don about moving the numbers around. He wants to discuss this in the near future with talks about revenue streams other than property taxes.


Jamie Adley thanked Council for the reductions from last year. He advised Council that he started new homes specifically because of the reductions last year. The construction industry is still struggling but seeing a turn. He asked Council to extend the reductions.


Motion made to table this item until February 19, 2013 was made by Councilman Kennedy, and Seconded by Vice Mayor Burnette. Motion carried unanimously by roll call vote.


17. Legislative Support Contract Discussion


Mr. Kisela asked Council to extend the contract to assist him in the transition period. The legislative session begins March 5th.


Councilman Ford is against lobbying. He believes Council going to Tallahassee and making connections are what obtains funding from the State, not the lobbyists. He doesn’t believe Pittman is politically connected enough.


Vice Mayor Burnette disagrees. He believes a lobbyist is necessary to obtain information and connections with both sides of the politicians.


Councilman Ford agrees with Councilman Ford that Pittman shouldn’t receive all the credit for the funds received this year. He doesn’t like the idea of lobbyists either.


Councilman Kennedy agrees with all; he doesn’t like the idea of lobbyists, but he understands this is how to play the game. He’d like to find someone with more connections. He believes they serve the Council and Staff in providing information.


Mayor Green asked if Council wants to approve the contract at $36,000 or nothing.


Motion to approve Pittman Law Firm not to exceed $36,000 was made by Vice Mayor Burnette, and Seconded by Councilman Kennedy.


Ted Noftall asked Council to consider Dorothy Hukill’s son, who is a Republican lobbyist. 


Vice Mayor Burnette suggested the City Manager look for a new firm after this legislative session.


Corey Berman asked where Pittman Law Firm was when the issues were going on with the Doris Leeper property. He doesn’t want Council to waste the money.


Motion carried 3-2 by roll call vote. Councilman Ford and Councilman Bastian voted no.


18. Utility Billing and Water Meter Update


Mr. Kisela advised that a written report was provided for Council’s review. Shannon Lewis, Assistant City Manager, provided a verbal report, specifically regarding personnel changes and additions. Ms. Lewis advised Council that the physical tagging of the doors is no longer happening; citizens are receiving a phone call instead. Meter readers are getting caught up on outstanding issues and have programmed all installed meters. Ms. Lewis advised that there have been two discrepancies with the Fly-In meter; one on the County’s side and one on the City’s meter.


Councilman Ford asked for the qualifications of the Customer Service Manager, as well as a listing of candidates. He asked to review the Customer Service employees because of the stress and high turnover rate. He wants to know if the education requirements are enough. The representatives don’t seem to have enough training according to the complaints received. Mr. Kisela advised that he has asked Shannon Lewis and Wayne Saunders to meet with every employee in Finance to find out what their concerns and issues are and what changes need to happen. He believes after the interviews there will be changes to implement.  Councilman Ford asked if Quentin Hampton is doing a rate study. Ms. Lewis said they have not begun yet because they are waiting on data from Staff. Councilman Ford asked if Council should discuss their goals with the rates before a rate study. Ms. Lewis advised that it is not a rate study; it is actually a review of the rates to simplify it. Councilman Ford believes Council should decide how things get adjusted. Mr. Kisela said it can be brought forward in a policy discussion. Mayor Green said there was a study done a while ago.


Vice Mayor Burnette asked if the meters can be placed side by side. Ms. Lewis said Staff has asked the County to do that but they are not inclined. Vice Mayor Burnette asked which meter is being used for billing. Ms. Lewis said pursuant to the agreement the County’s meter is being used for billing.


Councilman Bastian asked if there is any unmetered water going on. Ms. Lewis said nothing they have been able to find.


Ted Noftall asked why Shannon Lewis is handling the reports and not Roger Smith. Mr. Kisela advised that it is more than just a utility issue; it involves personnel, finance, and utilities and Ms. Lewis was assigned as the project manager. Mr. Noftall believes Roger Smith is being muzzled. Mr. Kisela advised that Mr. Hooper is providing a report on the water loss that Mr. Smith concurs with.


19. Discussion of 2012 External Auditing Services


Mr. Kisela advised that Brent Millikan has resigned as the City’s external auditor. A schedule was provided for an RFP for a new external auditor.  Mr. Kisela plans to provide a scope of work to Council with Carr, Riggs, & Ingram on February 19, 2013. The schedule has been reversed so that the forensic audit is done prior to the external audit.


Mayor Green wants everything included in these audits.


Councilman Kennedy agrees; everything needs to be revealed. He asked if Council will be the Selection Committee for the external audit. Mr. Kisela said yes.


Councilman Bastian agrees with moving forward.


Vice Mayor Burnette agrees as well to move forward. He asked where the advertisement will be placed. Mr. Kisela advised that it will be in the newspaper, on, and provided to the forensic auditors and the previous bidders.


Councilman Ford agrees with moving forward.


Motion to approve the issuance of the RFP for External Auditing Services was made by Vice Mayor Burnette as proposed by Staff, and Seconded by Councilman Ford.  Motion carried unanimously by roll call vote.


20. City Attorney’s Report


Nothing to report.


21. City Manager’s Report


Nothing to report.




22. Comments/Concerns from Council Members


Vice Mayor Burnette wants the property owner contacted about the grass and graffiti on the building at the corner of Madeline and Clyde Morris. The pogTV broadcast is bad. Mr. Kisela said Staff is working on it with Brighthouse.


Councilman Bastian asked to formally recognize Chris Weir, Fire Marshal, as the 2012 Fire Executive of the Year.


Councilman Kennedy asked about a large pole that has been erected at the Madeline and Clyde Morris property. Wayne Clark, CD Director, advised that it is a permitted use. He advised that the current owner has been cited for the grass and graffiti. Councilman Kennedy asked that discussions begin early regarding the lobbyist.


Mayor Green will handle the first meeting of the month for the radio station. Councilman Ford will handle the 2nd meeting of the month, and VM will take the 3rd meeting of the month.


Mayor Green advised that the City is a Tree City USA city again this year.


ADJOURNMENT: 8:15 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, City Clerk