MARCH 26, 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 Dennis Kennedy

                                                                        Vice Mayor Donald Burnette

                                                                        Mayor Allen Green


                                    Absent:                      Councilman Drew Bastian


                                    Also Present:            Greg Kisela, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Robin Fenwick, City Clerk




4.    Volusia County Spelling Bee Champion – Hamish Pierpont


Boy Scout Troop 456 introduced themselves.


Hamish Pierpont was presented with a certificate and congratulated by Mayor Green and Council.


Vice Mayor Burnette acknowledged Jessica Christopher from Atlantic High School. She is observing for the Law and Government Academy. Ms. Christopher introduced herself. Mayor Green invited her to sit in Councilman Bastian seat since he was absent.


5.    Local Business Spotlight


Debbie Connors, Port Orange/South Daytona Chamber of Commerce, advised Mayor Green and the Clerk prior to the meeting that the business owner she had scheduled to spotlight is unable to attend. She will reschedule them.


6.    Report from Kemper Sports Management regarding Cypress Head Golf Course


Mike Collins, General Manager, provided the monthly report on the Cypress Head Golf Course. March is projected to close ahead of budget. Mr. Collins reported on recent events. Mayor Green asked how the dryness has affected the course. Mr. Collins advised that the frost has hurt the course more than the lack of rain.


Vice Mayor Burnette asked if rounds are up or down from last year. Mr. Collins said paid rounds are up, other less or non-revenue rounds are down. Vice Mayor Burnette asked about the negative cash flow for the year. Mr. Collins believes they are okay.  He said some of the expenses expected to be paid at the end of the year have already been paid out. Vice Mayor Burnette gave kudos for the recent event held with the Chamber.


CITIZEN PARTICIPATION (Non-Agenda – 15 minutes)






7.    Approval of Minutes

a.    March 19, 2013 – Regular City Council Meeting

8.    Project Manager’s Report

9.    Approval to enter into Submitter License Agreement with Simplifile for e-recording through the Volusia County Clerk of Court

10. Contractual First Amendment with Volusia County Fire Services for Coverage of County Areas

11. Contract Extension with SunTrust for City Banking Services

12. Clandestine Laboratory Safety Certification and Site Safety Officer Class

13. Memorandum of Understanding - Methamphetamine Clandestine Drug Laboratory Hazardous Waste Central Storage Container Program


Councilman Ford requested that Item #10 be pulled for further discussion.


Motion was made by Vice Mayor Burnette to approve Consent Agenda items #7-9 and 11-13, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


Item #10: Ted Noftall asked if the canoe launch at the end of Spruce Creek Road could be tied to this item with the County. Vice Mayor Burnette doesn’t believe that is a good idea since this item is a public safety issue. Mayor Green asked Mr. Kisela for a report on the canoe launch issue.


Motion was made by Vice Mayor Burnette to approve item #10, and Seconded by Councilman Kennedy. Motion carried unanimously by voice vote.


FINANCE (Wayne Saunders)


14. Finance Report


Stella Gurnee, Comptroller, provided the monthly finance report. The YMCA and golf course reports are also attached to the written report provided in the agenda packets.


Councilman Ford asked what metro services means in the YMCA report. Mr. Kisela advised that he is meeting with the representatives from the YMCA tomorrow and will find out the answer to that and provide more information relating to their financial position.


Vice Mayor Burnette asked for clarification relating to the meter funding. Ms. Gurnee advised that the costs for the meter replacement are in the deferred construction fund (421). He asked for an update on that fund.


Councilman Kennedy asked for an ongoing accounting on the meters. Mr. Kisela advised that Ken Hooper will be present at the April 2, 2013 meeting to provide a report. Councilman Kennedy asked if the building permits at Altamira have been included in this report. Wayne Clark, Community Development Director, advised that L.A. Fitness has not submitted for their permit yet.


CITY ATTORNEY (Margaret Roberts)


15. City Attorney’s Comments


Margaret Roberts, City Manager, updated Council on the following items:


She has provided a Partial Release of a Unity of Title document for Mayor Green to sign. Community Development has reviewed and approved the document.


She has prepared a Release for the Port Orange Blazers for signature by the City Manager.


Executime software has developed a beta program to assist with the payroll functions in the police and fire departments. The agreement is ready to move forward. It is at no cost to the City.


Ms. Roberts has an Extended Contract with Biological Consulting Services to allow the project to be completed. There is no additional money, only additional time.




16. Resolution No. 13-19 – Florida Inland Navigation District (FIND) Grant – Riverwalk Launch & Boardwalk Design – Phase I


Mayor Green read Resolution No. 13-19.






Motion was made by Vice Mayor Burnette to approve Resolution No. 13-19, and Seconded by Councilman Kennedy.


Vice Mayor Burnette asked what can be launched. Mr. Kisela said nothing motorized.


Councilman Ford asked if the cost is for design only. Mr. Kisela advised that it is for design and permitting. It covers 400 feet. This vote is for applying for the grant. Councilman Ford asked where people will park. Mr. Kisela said there is no intent to provide parking as of yet.


Newton White asked if this will fit in with the linear park for Riverwalk development. Mr. Kisela explained that this part of the linear park is in line with grants used to acquire the property. Mr. White agrees with the access to the water being available. He is concerned with the parking issues. 


Ted Noftall asked if there is a budget for this project. Donna Steinebach, Assistant to the City Manager, advised that the City’s portion ($40,000) is set aside in a fund from the Riverwalk bonds. Ms. Steinebach explained the process of this item and what would come after if it is approved.


Motion carried unanimously by roll call vote.


17. City Manager’s Comments


Mr. Kisela recently received a report from Shannon Lewis, Assistant City Manager relating to the County meter issue and will provide the report to Council after he has reviewed it. The presentation to Council will be provided on April 2, 2013 along with Mr. Hooper’s report.


Mr. Kisela advised that he met with the developer and provided some new ideas. He is waiting to hear back from them. 




18. Comments/Concerns from Council Members


Councilman Kennedy asked for the issues regarding the Spruce Creek Road “point” canoe launch. Mayor Green said it has been neighborhood issues.


Vice Mayor Burnette asked for an update on Robert Poust’s allegations. He asked if there are adequate controls with payroll. Mr. Kisela advised that he is investigating the allegations from Mr. Poust. Mr. Kisela is not prepared to answer the payroll questions yet. The investigation is still going on. He should have information within thirty days relating to payroll. The other allegations may be resolved within seven to ten days. Vice Mayor Burnette advised Mr. Kisela that he has full support of Council to take care of the issues at hand and anything else that is found.


Councilman Ford believes it is time for Council to develop policies. He asks that Council schedule a workshop relating to sick and vacation leave policies. He wants to address administrative time. He wants to discuss work schedules. He wants to know who is in charge of the payroll system. Mayor Green and Council agree to holding the workshop.


Mayor Green asked about traffic lanes coming out of Altamira. Mr. Clark said he will look at it again and advise.  


Jessica Christopher is glad she attended this meeting to hear what is going on in Port Orange. Mayor Green thanked her for attending.


Mayor Green said the speed tables work better than speed bumps. He recently looked at those installed in Daytona Beach.


19. City Council Committee Reports

a.    City Investment Committee – Councilman Kennedy reported that they have not met.

b.    Transportation Planning Organization (TPO) – Councilman Ford reported that the TPO has sent a resolution to the City for the merging of Flagler and Volusia County. Mr. Kisela said it is on the April 2nd agenda. The City’s vote has gone down to 8.4%.

c.    Library Advisory – Councilman Bastian was not present to provide a report.

d.    Municipal Firefighters Pension Board – Councilman Ford reported there was no meeting held since the last report.

e.    Municipal Police Officers Retirement Trust – Councilman Kennedy reported there is a Special Meeting on April 5, 2013.

f.     General Employees General Retirement Trust – Councilman Bastian was not present to provide a report.

g.    YMCA – Councilman Bastian was not present to provide a report.

h.    Volusia Council of Governments (VCOG) – Mayor Green reported that they met last night (March 25, 2013). There was a presentation for the new President of Bethune Cookman College. He wants to build in Ormond Beach and Deltona. He wants to be more involved. He wants more online courses. Palmer College also presented information to the group relating to the economic impact in the area.

i.     Volusia League of Cities – Mayor Green advised that there is a dinner on Thursday night, March 28, 2013.

j.     ArtHaus – Vice Mayor Burnette reported that the Fun and Funky Dinner fundraiser honoree is Mayor Allen Green.

k.    Port Orange/South Daytona Chamber of Commerce – Vice Mayor Burnette provided dates of upcoming dates.

l.     Golf Course Board of Directors – Mayor Green advised that the report was provided by KemperSports earlier in the meeting.

m.  Youth Advisory Board – Councilman Bastian was not present to provide a report.

n.   Communications Interlocal Agency (CIA) – Mayor Green reported that it is still being phased out.


ADJOURNMENT:    7:26 p.m.



                                                                                    Mayor Allen Green





Robin Fenwick, City Clerk